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Council
MINUTES
SIXTEENTH
MEETING
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October 3, 2011
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The Council meets in Regular Session in the
Council Chambers this day at 5:00 p.m.
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PRESENT: Mayor J.F. Fontana, Councillors B.
Polhill, J.B. Swan, S. Orser, M. Brown, P. Hubert, D.G. Henderson, P. Van
Meerbergen, D. Brown, H.L. Usher, J.P. Bryant, S.E. White, C. Saunders (City
Clerk)
ALSO PRESENT: J.A. Fielding, R.L. Fair, M.
Hayward, P. McNally, G.T. Hopcroft, E. Gamble, B. Westlake-Power, V. McAlea
Major, J. Braam, J. Stanford, T.A. Johnson, J. Kobarda, D. Ailles, S. Axford,
J.P. Barber, J. Fleming, B. Warner, M. Henderson
ABSENT WITH REGRETS: W.J. Armstrong, J.L.
Baechler, N. Branscombe
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Councillor P. Hubert discloses a pecuniary
interest in clause C-4 of the Confidential Appendix of the 23rd Report of the
Finance and Administration Committee having to do with a matter pertaining to
instructions and directions to officers and employees of the Corporation
pertaining to a proposed disposition and/or 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 disposition and/or
acquisition of land; financial information supplied in confidence pertaining
to the proposed disposition and/or acquisition of land, the disclosure of
which could reasonably be expected to, prejudice significantly the
competitive position or interfere significantly with the contractual or other
negotiations of the Corporation, result in similar information no longer
being supplied to the Corporation where it is in the public interest that
similar information continue to be so supplied, and result in undue loss or
gain to any person, group, committee or financial institution or agency;
commercial information relating to the proposed disposition and/or
acquisition of land that belongs to the Corporation that has monetary value
or potential monetary value; information concerning the proposed
disposition and/or acquisition of land whose disclosure could reasonably be
expected to prejudice the economic interests of the Corporation or its
competitive position; information concerning the proposed disposition and/or
acquisition of land whose disclosure could reasonably be expected to be
injurious to the financial interests of the Corporation; and instructions to
be applied to any negotiations carried on or to be carried on by or on behalf
of the Corporation concerning the proposed disposition and/or acquisition of
land by indicating that he has contracts with the owner of one of the sites;
it being noted that the 23rd Report of the Finance and Administration
Committee should note the Councillor's disclosure to clause C-4, not C-3.
Councillor
P. Hubert further discloses a pecuniary interest in clause 25 of the 23rd
Report of the Built and Natural Environment Committee having to do with a
demolition request for 764 Waterloo Street, by indicating that he is the
Executive Director of a Social Services Agency which leases from the
proponent.
Councillor
P. Hubert also discloses a pecuniary interest in clauses 12 and 13 of the
16th Report of the Community and Neighbourhoods Committee having to do with
the Ontario Works Caseload Update for May to August, 2011 and the Participant
Profile July 2011, respectively, by indicating that he is the Executive Director
of a Social Services Agency that does work with Ontario Works.
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Councillor
D. Brown discloses a pecuniary interest in clause 1 of the 16th Report of the
Community and Neighbourhoods Committee having to do with the taxi/limousine
by-law by indicating that her employer has a taxi division.
Councillor
D. Brown further dislcoses a pecuniary interest in clause 4 of the 23rd
Report of the Built and Natural Environment Committee (BNEC), having to do
with the access management and transportation impact assessment guidelines,
by indicating that her employer has a contract with the London Transit
Commission; clause 17 of the 23rd Report of the BNEC, having to do with
the 6th Report of the Transportation Advisory Committee, by indicating that
her employer has a contract with the London Transit Commission; clause 23 of
the 23rd Report of the BNEC, having to do with the University of Western
Ontario Student Union Late Night Shuttle Service, by indicating that her
employer may bid on the contract; and, clause 24 of the 23rd Report of the
BNEC, having to do with the application of 1209571 Ontario Limited relating
to the properties located at 485, 495, 503, 517 and 519 York Street by
indicating that her employer’s place of business is within 250 metres.
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Councillor White makes notation of the
disclosures, and related voting, from the Council meeting of September 19,
2011.
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Councillor Polhill discloses a pecuniary
interest in clause 29 of the 23rd Report of the Built and Natural Environment
Committee, having to do with the Great Near-Campus Neighbourhoods Planning
Amendments, by indicating that his son is a member of the Committee of
Adjustment.
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Motion made by Councillor M. Brown and
seconded by Councillor P. Van Meerbergen to Approve the Minutes of the
Fifteenth Meeting, held on September 19, 2011.
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Motion Passed
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5. J.
Winston, General Manager, Tourism London - Request for Review of Tricar Group Parking
Proposal.
(Referred to the
Finance and Administration Committee Stage for Consideration with Clause 2 of
the 23rd Report of the Finance and Administration Committee.)
6. (a) J.
& C. Bacik, 1940 Riverbend Road – Thames Valley Parkway Extension on Westdel
Bourne – Road Allowance at Kains Road;
(b) S.
& B. Turner, 1952 Riverbend Road – Thames Valley Parkway Extension on
Westdel Bourne – Road Allowance at Kains Road;
(c) C.
& M. Frauts, 1964 Riverbend Road – Thames Valley Parkway Extension on
Westdel Bourne – Road Allowance at Kains Road;
(d) W.
McAlpine & I. McAlpine, 1948 Riverbend Road – Thames Valley Parkway
Extension on Westdel Bourne – Road Allowance at Kains Road;
(e) L.
Williams, Principal, Wortley Road PS – Thames Valley Parkway Extension on
Westdel Bourne – Road Allowance at Kains Road; and
(f) M.
O’Brien & L. Williams, 2020 Riverbend Road – Thames Valley Parkway
Extension on Westdel Bourne – Road Allowance at Kains Road.
(Referred to the
Built and Natural Environment Committee Stage for Consideration with Clause 24
of the 23rd Report of the Built and Natural Environment Committee.)
7. (a) L.
Kaufman, 778 Hellmuth Avenue – Farhi Holdings Inc. – Demolition Request – 764
Waterloo Street; and
(b) S.
Barre, 774 Hellmuth Avenue – Farhi Holdings Inc. – Demolition Request – 764
Waterloo Street.
(Referred to the
Built and Natural Environment Committee Stage for Consideration with Clause 25
of the 23rd Report of the Built and Natural Environment Committee.)
8. K.
Barboza, Heritage Advisor, Ministry of Tourism and Culture – Infrastructure
Ontario (Formerly Ontario Realty Corporation) – London Psychiatric Hospital
Lands Secondary Plan (O-7668).
(Referred to the
Built and Natural Environment Committee Stage for Consideration with Clause 26
of the 23rd Report of the Built and Natural Environment Committee.)
9. (a) B.
Smith, Station Manager, Rogers TV London – Summit Professionals Baseball LLC
(Frontier League Professional Baseball) License Agreement for Use of Labatt Park;
(b) J.
O’Neill, Commissioner IBL – Summit Professionals Baseball LLC (Frontier League
Professional Baseball) License Agreement for Use of Labatt Park;
(c) D.
J. Clark, Barrister & Solicitor – Summit Professionals Baseball LLC
(Frontier League Professional Baseball) License Agreement for Use of Labatt
Park;
(d) B.
Coste, Compressor Engineering Group – Summit Professionals Baseball LLC
(Frontier League Professional Baseball) License Agreement for Use of Labatt
Park;
(e) N.
E. Leppan, 45 Wilson Avenue – Summit Professionals Baseball LLC (Frontier
League Professional Baseball) License Agreement for Use of Labatt Park;
(f) J.
Ashton, E-mail – Summit Professionals Baseball LLC (Frontier League
Professional Baseball) License Agreement for Use of Labatt Park;
(g) C.
Chambers, E-mail – Summit Professionals Baseball LLC (Frontier League
Professional Baseball) License Agreement for Use of Labatt Park;
(h) K.
Chambers, E-mail – Summit Professionals Baseball LLC (Frontier League
Professional Baseball) License Agreement for Use of Labatt Park;
(i) M.
Lumley, London Badgers Baseball Organization – Summit Professionals Baseball
LLC (Frontier League Professional Baseball) License Agreement for Use of Labatt
Park;
(j) M.
Riffel, E-mail – Summit Professionals Baseball LLC (Frontier League
Professional Baseball) License Agreement for Use of Labatt Park;
(k) P.
Fernandes Wardhaugh, PhD, E-mail – Summit Professionals Baseball LLC (Frontier
League Professional Baseball) License Agreement for Use of Labatt Park;
(l) D.
Moreland, E-mail – Summit Professionals Baseball LLC (Frontier League
Professional Baseball) License Agreement for Use of Labatt Park;
(m) K.
L. Smyth, 290 Kiwanis Park Drive – Summit Professionals Baseball LLC (Frontier
League Professional Baseball) License Agreement for Use of Labatt Park;
(n) D.
Adams, 12 Kinnear Crescent – Summit Professionals Baseball LLC (Frontier League
Professional Baseball) License Agreement for Use of Labatt Park;
(o) S.
Gibson, E-mail – Summit Professionals Baseball LLC (Frontier League
Professional Baseball) License Agreement for Use of Labatt Park;
(p) L.
Hogarth, E-mail – Summit Professionals Baseball LLC (Frontier League
Professional Baseball) License Agreement for Use of Labatt Park;
(q) J.
Wunnink, The Better Way Lending Company Inc. – Summit Professionals Baseball
LLC (Frontier League Professional Baseball) License Agreement for Use of Labatt
Park;
(r) S.
Dart, President/Co-Owner, London Majors Baseball Corp. – Summit Professionals
Baseball LLC (Frontier League Professional Baseball) License Agreement for Use
of Labatt Park;
(s) A.
Wilkinson, E-mail – Summit Professionals Baseball LLC (Frontier League
Professional Baseball) License Agreement for Use of Labatt Park;
(t) Z.
Breault, E-mail – Summit Professionals Baseball LLC (Frontier League
Professional Baseball) License Agreement for Use of Labatt Park;
(u) A.
Gladysz, Marketing Manager, London Majors Baseball – Summit Professionals
Baseball LLC (Frontier League Professional Baseball) License Agreement for Use
of Labatt Park;
(v) T.
Park, Professor, Fanshawe College – Summit Professionals Baseball LLC (Frontier
League Professional Baseball) License Agreement for Use of Labatt Park;
(w) J.
Cressman, 957 Dalhousie Drive – Summit Professionals Baseball LLC (Frontier
League Professional Baseball) License Agreement for Use of Labatt Park;
(x) K.
R. Sewchand, E-mail – Summit Professionals Baseball LLC (Frontier League
Professional Baseball) License Agreement for Use of Labatt Park;
(y) R.
Chanderdat, Co-Owner, General Manager & Field Manager, London Majors
Baseball Club – Summit Professionals Baseball LLC (Frontier League Professional
Baseball) License Agreement for Use of Labatt Park;
(z) T.
Valcke, President & CEO, Canadian Baseball Hall of Fame & Museum –
Summit Professionals Baseball LLC (Frontier League Professional Baseball)
License Agreement for Use of Labatt Park;
(aa) A.
Sellars, E-mail – Summit Professionals Baseball LLC (Frontier League
Professional Baseball) License Agreement for Use of Labatt Park;
(bb) R.
Chanderat, Co-Owner, General Manager & Field Manager, London Majors
Baseball Club – Summit Professionals Baseball LLC (Frontier League Professional
Baseball) License Agreement for Use of Labatt Park;
(cc) J.
Lapp, Canadian Supervisor, Milwaukee Brewers Baseball Club – Summit
Professionals Baseball LLC (Frontier League Professional Baseball) License
Agreement for Use of Labatt Park;
(dd) N.
Laprise, 64 Guildwood Walk – Summit Professionals Baseball LLC (Frontier League
Professional Baseball) License Agreement for Use of Labatt Park;
(ee) T.
Chapman, E-mail – Summit Professionals Baseball LLC (Frontier League
Professional Baseball) License Agreement for Use of Labatt Park;
(ff) K.
Richardson, E-mail – Summit Professionals Baseball LLC (Frontier League Professional
Baseball) License Agreement for Use of Labatt Park;
(gg) E.
Collins, 1002-854 Commissioners Road East – Summit Professionals Baseball LLC
(Frontier League Professional Baseball) License Agreement for Use of Labatt
Park;
(hh) J.
Ouellette, E-mail – Summit Professionals Baseball LLC (Frontier League
Professional Baseball) License Agreement for Use of Labatt Park;
(ii) M.
Harvey, University of Western Ontario – Summit Professionals Baseball LLC
(Frontier League Professional Baseball) License Agreement for Use of Labatt
Park;
(jj) D.
Chapman, E-mail – Summit Professionals Baseball LLC (Frontier League
Professional Baseball) License Agreement for Use of Labatt Park;
(kk) T.
Pham, E-mail – Summit Professionals Baseball LLC (Frontier League Professional
Baseball) License Agreement for Use of Labatt Park;
(ll) D.
Mills, President & Owner, Barrie Baycats Baseball Club – Summit
Professionals Baseball LLC (Frontier League Professional Baseball) License
Agreement for Use of Labatt Park;
(mm) B.
Pegg, President, Kitchener Panthers Baseball Club – Summit Professionals
Baseball LLC (Frontier League Professional Baseball) License Agreement for Use
of Labatt Park;
(nn) S.
& J. Hubert – Summit Professionals Baseball LLC (Frontier League Professional
Baseball) License Agreement for Use of Labatt Park;
(oo) P.
Lytwynec, E-mail – Summit Professionals Baseball LLC (Frontier League
Professional Baseball) License Agreement for Use of Labatt Park;
(pp) Crow,
E-mail – Summit Professionals Baseball LLC (Frontier League Professional
Baseball) License Agreement for Use of Labatt Park;
(qq) R.
LaPensee, E-mail – Summit Professionals Baseball LLC (Frontier League
Professional Baseball) License Agreement for Use of Labatt Park; and
(rr) S.
Adlam, E-mail – Summit Professionals Baseball LLC (Frontier League Professional
Baseball) License Agreement for Use of Labatt Park.
(Referred
to the Community and Neighbourhoods Committee Stage for Consideration with
Clause 5 of the 16th Report of the Community and Neighbourhoods Committee.)
10. Mayor Fontana – One-Time Funding. (Referred to the
Finance and Administration Committee Stage for consideration with clause 13.)
1. 24th Report of the
Built and Natural Environment Committee
2. 24th Report of the
Finance and Administration Committee
Motion made by Councillor J.P. Bryant to Receive
for Information that the Finance and Administration Committee (FAC) heard a
verbal delegation and received the attached presentation from John
Fleming, Director, Land Use Planning and City Planner, G. Barrett,
Manager-Land Use Planning Policy and J. Yanchula, Manager-Community Planning
and Urban Design regarding the Downtown Vision, including a summary of the
Downtown Summit. The FAC requested that the presentation be made before the
Committee of the Whole at its meeting on October 4, 2011.
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Motion Passed
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Motion made by Councillor J.P. Bryant to
Approve that the Civic Administration BE DIRECTED to proceed to the next
phase of negotiations concerning the draft proposal submitted by the Tricar
Group for the lease of a parking garage at King Street and Ridout Street; it
being noted that the Finance and Administration Committee also received the attached
communications from J. MacDonald, Executive Director, Downtown London and R.
T. Usher, Chair, London Downtown Business Association and J. Carapella,
President, The Tricar Group regarding this matter.
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Motion made by Councillor J. Swan and
seconded by Councillor M. Brown to Amend clause 2 to read as follows: That
the Civic Administration BE DIRECTED to proceed to the next phase of
negotiations concerning the draft proposal submitted by the Tricar Group for
the lease of a parking garage at King Street and Ridout Street, SUBJECT TO
confirmation that the aforementioned proposal is in conformity with the City
Procurement Policy and confirmation that the proposal product is offered at a
competitive price and in the public interest; it being noted that the Finance
and Administration Committee also received the attached communications
from J. MacDonald, Executive Director, Downtown London and R. T. Usher,
Chair, London Downtown Business Association and J. Carapella, President, The
Tricar Group regarding this matter.
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Motion made by Councillor D. Henderson and
seconded by Councillor H. Usher to refer clause 2 back to Civic
Administration in order to obtain additional information, and to consider a
full Request for Proposal Process.
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At 5:34 p.m., the Mayor places Councillor
Hubert in the Chair, and takes a seat at the Council Board.
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The motion to refer is put.
Motion Failed
At 5:42 p.m., the Mayor resumes the Chair
and Councillor Hubert takes his seat at the Council Board.
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The motion to Amend clause 2 is put and
Passed.
The motion to Approve clause 2, as amended,
is put.
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Motion Passed
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Motion made by Councillor J.P. Bryant to
Approve that, on the recommendation of the City Treasurer, Chief Financial
Officer, the September 28, 2011 report entitled “Foreign Sub-Contractors” BE
RECEIVED for information.
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Motion Passed
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Motion made by Councillor J.P. Bryant to
Approve that, on the recommendation of the Chief Administrative Officer, the
following actions be taken with respect to the proposed Business Enterprise
Centre and Centre for Commercialization of Digital Interactive Game
Technology:
(a) the concept, as detailed in the
report of the Chief Administrative Officer, dated September 28, 2011, BE
ENDORSED in principle; and
(b) the Civic Administration BE
DIRECTED to enter into discussions with the proposed partner organizations to
develop a formal business case for the Municipal Council’s consideration as a
part of the broader Service London implementation strategy.
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Motion Passed
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Motion made by Councillor J.P. Bryant to
Approve that, on the recommendation of the Chief Administrative Officer,
further to the discussion of the Service Review Committee at its meeting on
August 31, 2011, the Service London initiative BE IDENTIFIED as a Council
priority and that $2.1 million from the Efficiency, Effectiveness and Economy
Reserve BE COMMITTED as a source of financing subject to the submission and
approval of a three-year implementation plan.
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Motion made by Councillor J.B. Swan and
seconded by Councillor M. Brown to Amend clause 5 in the fourth line by
replacing the number “$2.1” with the number “$2.3”, and to further amend by
adding after the words “Service London Initiatives” the words, “, to
accommodate both
corporate and community initiatives as may
be identified in the Consultant’s report,”.
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Motion to Amend Passed
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Motion made by Councillor J.P. Bryant and
seconded by Councillor M. Brown to Approve clause 5, as amended
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Motion Passed on a recorded vote, the
Members voting as follows:
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YEAS: J.F. Fontana, B. Polhill, J.B. Swan,
S. Orser, M. Brown, P. Hubert, D.G. Henderson, D. Brown, H.L. Usher, J.P.
Bryant, S.E. White (11)
NAYS: P. Van Meerbergen (1)
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Motion made by Councillor J.P. Bryant to
Approve that, on the recommendation of the Chief Human Resources Officer, the
September 28, 2011 report regarding the Corporate Human Rights Program, Code
of Conduct Program and Corporate Training Initiatives as of June 30, 2011 BE
RECEIVED for information.
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Motion Passed
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Motion made by Councillor J.P. Bryant to
Approve that, on the recommendation of the City Clerk, the revised attached
proposed by-law (Appendix “A”) to amend By-law No. A-39, as amended entitled
“A By-law respecting the Civic Administration” to change the titles of Chief
Administrative Officer and Deputy Chief Administrative Officer to City
Manager and Deputy City Manager, respectively BE INTRODUCED at the Municipal
Council meeting on October 3, 2011.
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Motion Passed
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Motion made by Councillor J.P. Bryant to
Approve that, on the recommendation of the Managing Director - Corporate
Assets, City Treasurer, Chief Financial Officer, the Director of Water and
City Engineer, and the Chief Technology Officer, the following actions be
taken regarding Corporate Asset Management:
(a) the September 28, 2011 status
report, and the Draft Scope of Work appended thereto, for Corporate Asset
Management implementation and the systemization of Tangible Capital Assets
reporting processes BE RECEIVED for information; and
(b) an initial 2011 Capital Budget
of $150,000 BE ESTABLISHED from the Operating Budget Contingency Reserve to
undertake a Request For Proposal (RFP) to engage a consultant to initiate the
first two Units of the Corporate Asset Management program; it being noted
that the funding for the remaining Units will be requested through the
Business Plan and 2012 Capital Budget process as required;
it being also noted that Corporate Asset
Management is an integrated set of processes to minimize the lifecycle costs
of owning, operating and maintaining assets, at an acceptable level of risk,
while continuing to deliver established levels of service.
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Motion Passed
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Motion made by Councillor J.P. Bryant to
Approve that, on the recommendation of the Director of Intergovernmental and
Community Liaison, the September 28, 2011 report regarding the 2011 Ontario
Provincial Election Candidate Questionnaire BE RECEIVED for information.
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Motion Passed
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Motion made by Councillor J.P. Bryant to
Approve that the following actions be taken with respect to Trade Agreements:
(a) on
the recommendation of the Director of Intergovernmental and Community
Liaison, the September 28, 2011 report on Trade Agreements BE RECEIVED for
information;
(b) the
attached communication from George Crowell, Economic and Trade
Committee Chair, London Chapter of the Council of Canadians, regarding Trade
Agreements BE REFERRED to the Director of Intergovernmental and Community
Liaison for review and report back at the Special Meeting of the Finance and
Administration Committee being held on October 3, 2011 as to appropriate
actions to be taken in response to the communication; it being noted that the
Finance and Administration Committee heard a verbal delegation from Mr.
Crowell with respect to this matter.
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Motion Passed
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Motion made by Councillor J.P. Bryant to
Approve that the September 28, 2011 report regarding the initiative supported
by the Senior Management Team (SMT) and the Fire Management Team, wherein a total
of 15 personal vacation days have been donated by management staff for prize
purposes as a fundraiser for the City of London’s United Way Campaign, BE
RECEIVED for information.
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Motion Passed
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Motion made by Councillor J.P. Bryant to
Approve that, on the recommendation of the Executive Director – Planning,
Environmental & Engineering Services, the September 28, 2011 report
regarding Downtown Parking Lots BE RECEIVED for information.
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Motion Passed
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Motion made by Councillor J.P. Bryant to
Approve that the Mayor’s Office BE ALLOCATED one-time funding in the amount
of $30,000 from the residual Local Government funding arising from the recent
governance restructuring, subject to the submission of full details at the
Municipal Council meeting of October 3, 2011, as to how those monies will be
spent.
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Motion Passed
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Motion made by Councillor J.P. Bryant to
Approve that the communication dated September 12, 2011, from D. Vandenberg,
with respect to the fee charged by the City of London for changes to the tax
roll arising from property transfers, BE REFERRED to the Civic Administration
for response to Mr. Vandenberg.
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Motion Passed
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Motion made by Councillor J.P. Bryant to
Receive for information, see clause #10.
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Motion Passed
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Motion made by Councillor J.P. Bryant to
Receive for information, see clause #7.
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Motion Passed
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Motion made by Councillor J.P. Bryant to
Receive for information that, on the recommendation of the Director of
Intergovernmental and Community Liaison, the attached added report
regarding the 2011 Ontario Provincial Election Candidate Questionnaire BE
RECEIVED for information.
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Motion Passed
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Motion made by Councillor J.P. Bryant to
Receive for information, see clause #2.
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Motion Passed
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Motion made by Councillor J.P. Bryant to
Receive for information that the Finance and Administration Committee (FAC)
heard a verbal delegation from the Managing Director, Corporate Assets and
received the attached presentation from J. Amoils, Managing Director,
Real Estate Management Consulting Services, with respect to options for City
Hall. The FAC also heard a presentation and received the attached
communication from A. Chakma, President and Vice Chancellor, the University
of Western Ontario (UWO), with respect to UWO’s interest in a future presence
in Downtown London. The FAC requested that Ms. Amoil’s presentation be made
before the Committee of the Whole at its meeting on October 4, 2011 and that
additional information be provided to assist the Municipal Council in better
understanding the current analyses relating to options for City Hall.
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Motion Passed
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The motion made by the Finance and
Administration to move in camera was noted.
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Finance and Administration Committee
Councillor Bryant presents the 24th Report
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At 6:01 p.m. the Mayor places Councillor
Hubert in the Chair and takes a seat at the Council Board.
At 6:05 p.m. the Mayor resumes the Chair, and
Councillor Hubert resumes his seat at the Council Board.
1.
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Update on Trade
Agreements
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Motion made by Councillor J.P. Bryant to
Approve that, on the recommendation of the Director of Intergovernmental and
Community Liaison, the following actions be taken with respect to Trade
Agreements:
(a)
the
following resolution regarding the Comprehensive Economic and Trade Agreement
with the European Union (CETA), BE ENDORSED:
Whereas the
Government of Canada and the European Union have been negotiating a trade
agreement known as the Comprehensive Economic and Trade Agreement (CETA);
And Whereas the
Canada-European Union relationship holds great potential for growing Canada’s
trade and collective prosperity;
And Whereas the
Council of Canadians London Chapter has provided City Council with
information and their concerns regarding CETA negotiations currently underway
between Canada and the European Union;
And Whereas the
Corporation of the City of London supports the guiding principles as set out
by the Federation of Canadian Municipalities (FCM) and endorsed by the
Association of Municipalities of Ontario (AMO);
Be it Resolved that
the Corporation of the City of London requests the Federal Government and the
Province of Ontario to continue to ensure that the municipal sectors’
interests are represented in the ongoing negotiations; and
That the federal
government’s negotiations ensure that the FCM guiding principles will be
fully reflected in any trade agreement reached between Canada and the
European Union; and
That the federal
and Ontario governments provide FCM and AMO with regular, detailed updates on
the status of the European Union trade negotiations to the fullest extent
possible.
This resolution be forwarded to the
Minister of International Trade; our local MPs, the Premier of Ontario, our
local MPPs, FCM, AMO and the London Chapter of the Council of Canadians.
(See Report attached.)
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Motion Passed
2.
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Jinshan Memorandum
of Understanding
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Motion made by Councillor J.P. Bryant to
Approve that, on
the recommendation of the Director of Intergovernmental and Community Liaison,
the Mayor BE AUTHORIZED to sign the attached Memorandum of
Understanding (MOU) with Chongqing Jinshan Science and Technology (Group) Co.,
Ltd.
Motion Passed
The Chair directs that the Report clause 3 be
noted.
Clause 3 reads as follows:
That the Finance and
Administration Committee (FAC) passed the following resolution prior to moving
in camera from 3:38 p.m. to 4:15 p.m.:
That the Finance and Administration
Committee move in camera to consider a matter pertaining to
employee matters including personal information about identifiable individuals,
including municipal employees with respect to employment related matters,
advice or recommendations of officers and employees of the Corporation
including communications necessary for that purpose and for the purpose of
providing instructions and directions to officers and employees of the
Corporation.
The FAC is submitting
a confidential report to the Municipal Council regarding this matter. (See
Confidential Appendix to the 24th Report of Finance and Administration
Committee enclosed for Council Members only.)
Motion made by Councillor P. Hubert and
seconded by Councillor D. Brown, that pursuant to section 7.3 of the Council
Procedure By-law, the order of business be changed to permit the consideration
of clause 27 of the 23rd Report of the Built and Natural Environment Committee
at this time.
Motion Passed
Motion made by Councillor B. Polhill to
Approve that, notwithstanding the recommendation of the Director of Land Use
Planning and City Planner, the application of KAP Holdings Inc relating to
the properties located at 186-188 Huron Street and 2 Audrey Avenue BE
REFERRED back to staff to continue to work with the developer and the
neighbourhood to determine a less-intense development that all parties can
agree to, and to report back to the Built and Natural Environment Committee,
by the end of the year with respect to this matter.
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Motion Failed on a recorded vote, the
Members voting as follows:
YEAS: S.E. White (1)
NAYS: J.F. Fontana, B. Polhill, J.B. Swan,
S. Orser, M. Brown, P. Hubert, D.G. Henderson, P. Van Meerbergen, D. Brown,
H.L. Usher, J.P. Bryant (11)
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Motion
made by Councillor B. Polhill and seconded by Councillor J.P. Bryant to
Approve that, on the recommendation of the Director of
Land Use Planning and City Planner, the following actions be taken with
respect to the application of KAP Holdings Inc relating to the properties
located at 186-188 Huron Street and 2 Audrey Avenue:
(a) the request to amend the Official Plan to change
the designation of the lands at 186-188 Huron Street and 2 Audrey Avenue FROM
Low Density Residential which allows single detached dwellings, semi-detached
dwellings, duplex dwellings, and converted dwellings (to a maximum of 2
dwelling units) TO a Policy for Specific Area (Chapter 10) to permit stacked
townhouses with a maximum of 56 bedrooms in addition to the permitted uses in
the Low Density Residential designation BE REFUSED for the following
reasons: the requested amendments are 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; ii) the requested amendments are not consistent with the
Residential Intensification policies of the Official Plan; iii) the requested
amendments are not consistent with the intent of the North London/Broughdale
Neighbourhood Special Official Plan Policies which exist in this area to
promote neighbourhood stability; iv) the requested amendments a constitute
“spot” designation for a site that is not unique and does not have any
special attributes which would warrant a site specific amendment; and, v) the
requested amendments are contrary to a decided matter of Council and an OMB
ruling; and,
(b) the request to amend Zoning By-law No. Z.-1 to
change the zoning of the lands at 186-188 Huron Street and 2 Audrey Avenue FROM
a Residential R1 Special Provision (R1-5(3)) Zone which permits one single
detached dwelling per lot subject to a special provision which restricts:
maximum floor area; maximum floor area ratio; the minimum rear yard depth;
and, the location of parking areas TO a Residential R5 Special Provision
(R5-7( )) Zone to permit Cluster Stacked Townhouse dwellings subject to a
special provision to: restrict the maximum number of bedrooms to 4 per
dwelling unit; reduce the minimum parking space requirements to permit a
total of 14 spaces; increase the maximum density to permit 82 units per
hectare; and, reduce the maximum front yard and exterior side yard setbacks
to 4.5 metres BE REFUSED for the following reasons: i) the requested
amendments are 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; ii) the
requested amendments are not consistent with the Residential Intensification
policies of the Official Plan; iii) the requested amendments are not
consistent with the intent of the special Zoning regulations which exist in
this area to regulate residential intensity; iv) the requested amendments
constitute “spot” zoning for a site that is not unique and does not have any
special attributes which would warrant a site specific amendment; and, v) the
requested amendments are contrary to a decided matter of Council and OMB
ruling;
it being noted that the Built and Natural
Environment Committee received communications opposing this matter from the
following:
·
M.
Gregory, 545 St. George Street, dated September 26, 2011; and,
·
D.
Bale, 776 Colborne Street, dated September 23, 2011;
it being
pointed out that at the public participation meeting associated with this
matter, the following individuals made an oral submission in connection
therewith:
·
W.
Pol, IBI Group, on behalf of the applicant – see attached
presentation.
·
R.
Langille, Associate Vice-President of Physical Plant and Capital Planning,
University of Western Ontario – advising that the University of Western
Ontario opposes this application; advising that the University of Western
Ontario is constructing a new 1,000 bedroom residence on campus; advising
that if the application is allowed, it will change the neighbourhood.
·
C.
Jacobs - expressing support for the application; advising that he worked on
the design of the project; indicating that the proposal allows more students
to walk to school; advising that good health habits can be more easily
encouraged at this age; indicating that fewer students driving will reduce
fossil fuels usage; suggesting that in the future people will be leasing from
private sectors; indicating that the University of Western Ontario is against
this proposal as they are in the business of student housing; advising that
most people deal with noise and traffic issues year round; indicating that
the Broughdale Neighbourhood tells the Planning Department what to do;
advising that Dundas Street has soup kitchens, methadone clinics and
prostitution; suggesting that Richmond Street should be six stories in height
and turned into a place that students can go for coffee; advising that
students use porches and large backyards for parties; advising that large
developers pay for security; advising that separate renters can’t afford
this; encouraging young people to walk; advising that he has the same waist
size that he had in 1978; advising that most clients don’t want to come to
London and suggesting that either you want to intensify or you don’t.
·
D.
Bale, 776 Colborne Street – expressing opposition to the application;
advising that it affects everyone in London and everyone across the Province;
advising that KAP Holdings has applied for an application that has been
turned down by the Planning Department, Council and the Ontario Municipal
Board; indicating that KAP Holdings puts up buildings that apply to the
regulations and flounts all regulations; indicating that KAP Holdings is not
a model developer that cares for what it does, it puts up buildings that are
an affront to the eye; and suggesting that Council send this application
back.
·
M.
Blosh, 43 Mayfair Drive – expressing opposition to the application;
indicating that the Planning Department does not jump when the Broughdale
Neighbourhood speaks; expressing a feeling of déjà vu; advising that the
study area is the applicants study area; advising that the area within a 10
minute walk is where most of the comments came from; advising that nothing in
the neighbourhood has changed; advising that she has lived in the
neighbourhood for 10 years; indicating that it is not a transient
neighbourhood; expressing frustration for something that she has to come to
City Hall for at midnight that the neighbourhood had to come out for 5 years
ago with 6 more bedrooms; indicating that the Zoning By-law and the Official
Plan are the same; advising that giving the ugly, old buildings to Habitat
for Humanity doesn’t justify the application; indicating that it is a self-inflicted
wound; indicating that to now use that this is going to look prettier, is the
same as earlier except that the buildings are going to be functional;
advising that this is not an issue of pretty buildings but an issue of
intensification; and advising that students have cars because they drive back
and forth to home, the grocery store and their jobs.
·
Resident,
434 Wilkins Street – expressing opposition to the application; advising that
she walks around in her area of the city; indicating that when she goes to
University, she will still be using a car, it does make that much difference;
advising that her grandmother lives down the street and that her
grandmother’s house has been egged; indicating that she would not live in one
of the buildings that KAP Holdings built on Huron Street and Audrey Avenue;
enquiring as to how you can fit that many houses into the small lots;
advising that growing up she is seeing the city become more urbanized; that
more houses are being built near Wharncliffe Road South and advising that she
has friends that attend University who live 5 to 6 people a house.
·
K.
Langs, 199 St. James Street – expressing opposition to the application;
advising that he is outside of the study area, but within the 10 minute
walking distance; advising that the residents were here in 2005 and that
there have not been significant changes to the neighbourhood; indicating that
the staff report says it all; indicating that to make an exception in the
middle is not right; requesting that the policies be followed; and indicating
that it is an R-1 zone, not an R-5 zone for a reason.
·
S.
Trosow, 43 Mayfair Drive – expressing opposition to the application;
indicating that the staff presentation is comprehensive; indicating that it
is a mixed neighbourhood with students and non-students living there;
advising that some of the policies that the city is undertaking are working;
advising that the University of Western Ontario is building more dormitories
that will have adequate parking and security; advising that the neighbourhood
is established and is not going downhill like it was; indicating that this is
not something that can be solved by a developer on his white horse;
requesting that spot zoning not be allowed; and advising that if you grant
this application, you will see many more.
·
R.
Millard, 193 Regent Street – expressing opposition to the application;
advising that he can see KAP Holdings handiwork from his living room;
indicating that allowing the application will exacerbate the noise, parking
and garbage problems and will pose a real possibility for social disorder;
advising that the students get together late at night; advising that this is
the thin edge of the wedge; indicating that if you can do this here, you can
do it anywhere; and requesting Council think about the public’s interests.
·
A.
Kaplansky, applicant – advising that the divisional court did not uphold the
Ontario Municipal Board decision.
|
Motion Passed on a recorded vote, the
Members voting as follows:
YEAS: J.F. Fontana, B. Polhill, J.B. Swan,
S. Orser, M. Brown, P. Hubert, D.G. Henderson, P. Van Meerbergen, D. Brown,
H.L. Usher, J.P. Bryant (10)
NAYS: S. Orser, S.E. White (2)
|
Pursuant to section 17.2 of the Council
Procedure By-law, Councillor D. Brown requests a separate vote on clause 4.
Motion made by Councillor B. Polhill to
Approve that, on the recommendation of the Managing Director – Corporate
Assets, the following actions be taken with respect to the winter maintenance
of various municipally owned facilities:
(a) the
bids submitted for the provision of winter maintenance services at the
various Municipal Facilities for each City Area (Areas I through XVII), for a
period of three (3) years, with an option to extend the contract for two
additional years BE ACCEPTED, as follows:
(i) Area
I - All Terrain Property Maintenance Inc., P.O. Box 655, Lambeth Station,
London, ON N6P 1P2;
(ii) Areas
II, VI, VIII, X, XIII and the Dump Truck and Loader costs for removal of
accumulated snow from locations - 1564242 Ontario Ltd. o/a CanSweep, 7927
Glendon Drive, P.O. Box 805, Mt. Brydges, ON N0L 1W0;
(iii) Areas
III, IV and XIV - Black Dog Outdoor Services, 5308 Whalen Line, Granton, ON
N0M 1V0;
(iv) Areas
V and XV - 4M Services, P.O. Box 223 Lambeth Station, London, ON N6P 1P9;
(v) Area
IX - Doug’s Snowplowing and Sanding Ltd., 540 First Street, London, ON N5V
1Z3;
(vi) Areas
VII, XI, except for Municipal Parking Lot #8, Areas XII, XVII, Master Meters
and Individual meters at Municipal Lot #3 - 1724830 Ontario Inc. o/a
Flandscape, 2509 Main Street, Lambeth, ON N6P 1P9; and,
(vii) Area
XVI and Municipal Parking Lot #8 - Marski Inc., o/a Wintergreen Grounds
Management Services, 354 Neptune Crescent, London, ON N6M 1A1;
(b) the
Civic Administration BE AUTHORIZED to undertake all the administrative acts
that are necessary in connection with these contracts; and,
(c) the
approval hereby given BE CONDITIONAL upon the Corporation entering into a
formal contract or having a purchase order, or contract record relating to
the subject matter of this approval.
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Motion Passed
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Motion made by Councillor B. Polhill to
Approve that, on the recommendation of the Acting Director, Roads &
Transportation, the attached proposed by-law (Appendix “A”) BE
INTRODUCED at the Municipal Council meeting to be held on October 3, 2011 for
the purpose of amending the Traffic and Parking By-law (P.S. 111), to address
traffic safety, operations and parking concerns relating to “No Parking”,
“Stop Signs”, “Yield Signs”, “Higher Speed Limits” and “Reserved Lanes”.
|
Motion Passed
|
Motion made by Councillor B. Polhill to
Approve that, notwithstanding the recommendation of the Acting Director,
Roads and Transportation, the Civic Administration BE DIRECTED to give
further consideration to the development of a Road Safety Strategy for London
with a report back at a future meeting of the Built and Natural Environment
Committee with this information.
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Motion Passed
|
Motion made by Councillor B. Polhill to
Approve That, on the recommendation of the Acting Director, Roads and
Transportation, the attached Draft Access Management Guidelines and
Transportation Impact Assessment Guidelines BE CIRCULATED to the London
Development Institute, the London Engineering & Area Planning
Consultants, the London Transit Commission, and other interested parties for
review and comment.
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Motion Passed
|
Motion made by Councillor B. Polhill to
Approve that, on the recommendation of the Director, Wastewater and
Treatment, the following actions be taken with respect to the Labatt sanitary
siphon cleaning & inspection:
(a) the
proposal submitted by PipeFlo Contracting Corp., 180 Chatham Street,
Hamilton, ON, in the amount of $515,472.00, excluding H.S.T., for the Labatt
Sanitary Siphon Cleaning & Inspection project BE ACCEPTED; it being noted
that PipeFlo met the minimum technical qualifications and was the lowest of
two submitted prices; it being also noted that the award is in accordance
with Section 12 of the Procurement of Goods and Services Policy;
(b) the
financing for this project BE APPROVED, as set out in the Sources of
Financing Report attached hereto as Appendix "A";
(c) the
Civic Administration BE AUTHORIZED to undertake all the administrative acts
that are necessary in connection with this project; and,
(d) the
approvals given herein BE CONDITIONAL upon the Corporation entering into a
formal contract or issuing a purchase order to the project.
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Motion Passed
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At 6:20 p.m. His
Worship the Mayor recognizes the following City of London Employees who have
achieved 25 years of service during 2011:
Chief
Administrative Office - James Paul Barber, Richard J. Barker, Lisa Dakin,
Anthony Holmes, Tom Karidas, Lou Anne Oldenhof, Cindy Verity
Fire Services -
William Comrie, Kevin S. Culbertson, Shawn M. Fitzgerald, Walter Linaric,
Andy Murray, David C. Robb, Kevin P. Payne
Planning,
Environmental & Engineering Services - Derrick Allen, Andrew Barta, Ian
Bensted, J-Paul Bere, Jake Blancher, Alastair Bruff, Micheal William Bushby,
Thomas Deziel, Mike Farrell, Brian Feeney, David S. Flitton, John Frey, Dell
Goulden, Michael Heaslip, Paul Langdon, Ken Longman, Dennis Molnar, Joe
Oliveira, Stephanie Poirier, Roger Richards, Randall Robinson, Steven
Robinson, Dale Root, Gordon Ross Jr., Tedd Tarkowski, Robert Gino Ticco,
Graziano Torresan, Edward E. Turner, Robert Watt, Douglas John Webster and
Darryl Wheatley.
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Councillor P. Hubert moves, seconded by
Councillor M. Brown, that Council recess. Motion Passed
The Council recesses at 6:32 p.m. and
reconvenes at 7:44 p.m. with all Members present except Councillors Armstrong,
Baechler and Branscombe.
Motion made by Councillor J.B. Swan and
seconded by Councillor S. Orser, that pursuant to section 7.3 of the Council
Procedure By-law, the order of business be changed to permit the consideration
of clause 5 of the 16th Report of the Community and Neighbourhoods Committee at
this time.
Motion Passed
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Community and Neighbourhoods Committee
Councillor Usher presents the 16th Report
|
Motion made by Councillor Usher to Approve that,
on the recommendation of the Director of Parks and Recreation, with the
concurrence of the Executive Director of Community Services, the attached
proposed By-law (Appendix A) BE INTRODUCED at the Municipal Council meeting
to be held on October 3, 2011, to:
a) approve
the revised attached Licence Agreement between the City of London and
Summit Professional Baseball LLC, for non-exclusive use of Labatt Park for
the period of November 1, 2011 to October 31, 2012;
b) delegate
to the Executive Director of Community Services, 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:
i) are
consistent with the requirements contained in the Agreement noted in (a)
above;
ii) do
not require additional funding, or are provided for in the City’s current
budget; and,
iii) 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; and,
c) authorize
the Executive Director of Community Services, or designate, to execute any
agreements approved under (a) or (b) above;
it being noted that the Community and
Neighbourhoods Committee (CNC) heard delegations from D. Martin, President,
General Manager, Summit Professional Baseball, and the attached
presentation from S. Dart, President, Owner and R. Chanderdat, General
Manager, Owner, London Majors Baseball. The CNC also received a
communication, dated September 27, 2011, as well as heard a verbal delegation
from J. O’Neill, Commissioner, Intercounty Baseball League, with respect to this
matter. (2011-A09-07)
|
Motion made by Councillor J.B. Swan and
seconded by Councillor D.G. Henderson to Amend clause 5 by adding two new
parts as follows:
subject to the
Agreement noted part (a)(i) being executed, the Civic Administration BE
DIRECTED to work with the London Majors to mitigate potential income loss
based on not having up to 9 Friday night home games as a result of the Summit
Baseball Group having first call on playing dates at Labatt Park; and
the
Civic Administration BE DIRECTED to consult with the neighbourhood to
determine what measures could be undertaken to address the concerns of the neighbourhood.
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Motion made by Councillor J.P. Bryant and
seconded by Councillor M. Brown to Refer clause 5 back to staff for a more
fulsome report on the potential impacts to the community and to London
baseball, in general.
Motion Failed on a recorded vote, the
Members voting as follows:
YEAS: M. Brown, P. Hubert, J.P. Bryant (3)
NAYS: J.F. Fontana, B. Polhill, J.B. Swan,
S. Orser, D.G. Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, S.E. White
(9)
|
The motion to amend clause 5 is put.
Motion Passed
|
The motion to adopt clause 5, as amended is
put.
|
Motion Passed on a recorded vote, the
Members voting as follows:
YEAS: J.F. Fontana, B. Polhill, J.B. Swan,
S. Orser, D.G. Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, S.E. White
(9)
NAYS: M. Brown, P. Hubert, J.P. Bryant (3)
|
Clause 5, as amended, reads as follows:
That, on the
recommendation of the Director of Parks and Recreation, with the concurrence
of the Executive Director of Community Services, the following actions be
taken with respect to the request of Summit Professional Baseball for the
development of a licence agreement for the use of Labatt Park:
(a) the
attached proposed By-law (Appendix A) BE INTRODUCED at the
Municipal Council meeting to be held on October 3, 2011, to:
(i) approve
the revised attached Licence Agreement between the City of London and
Summit Professional Baseball LLC, for non-exclusive use of Labatt Park for
the period of November 1, 2011 to October 31, 2012; and
(ii) delegate
to the Executive Director of Community Services, 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:
(A) are
consistent with the requirements contained in the Agreement noted in (a)
above;
(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 Executive Director of Community Services, or designate, to execute any
agreements approved under (a) or (b) above;
(b) subject
to the Agreement noted part (a)(i) being executed, the Civic Administration BE
DIRECTED to work with the London Majors to mitigate potential income loss
based on not having up to 9 Friday night home games as a result of the Summit
Baseball Group having first call on playing dates at Labatt Park; and
(c) the
Civic Administration BE DIRECTED to consult with the neighbourhood to
determine what measures could be undertaken to address the concerns of the
neighbourhood.
it being noted that the Community and
Neighbourhoods Committee (CNC) heard delegations from D. Martin, President,
General Manager, Summit Professional Baseball, and the attached
presentation from S. Dart, President, Owner and R.Chanderdat, General
Manager, Owner, London Majors Baseball. The CNC also received a
communication, dated September 27, 2011, as well as heard a verbal delegation
from J. O’Neill, Commissioner, Intercounty Baseball League, with respect to
this matter.
|
|
Built and Natural Environment Committee,
continued
|
Motion made by Councillor B. Polhill to
Refer back to the Civic Administration for additional consultation with the
affected property owners.
Motion Passed
Clause 6, as referred, reads as follows:
That, on the recommendation of the
Director, Wastewater and Treatment, the attached By-law (Appendix ‘A’)
BE INTRODUCED at the Municipal Council meeting to be held on October 3, 2011
to provide for the abandonment of drainage works in the City of London –
Stanton Municipal Main Drain, County Road #20 Drain, Branch ‘A’, Branch ‘A1’,
Branch ‘B’, Branch ‘B1’, Branch ‘D’ and Branch ‘G’, that are located in close
proximity to Fanshawe Park Road, Hyde Park Road and Gainsborough Road and
discharging to the Thames River.
|
|
7.
|
Innovation Park
Industrial Subdivision Phase 3 – Sanitary Sewer Extension – Contract Award –
Tender 11-91 (ID1168-3A and ID2058-3A)
|
|
|
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Motion made by Councillor B. Polhill to
Approve that, on the recommendation of the Director, Wastewater and
Treatment, the following actions be taken with respect to the award of a
contract for the Innovation Park Industrial Subdivision, Phase 3, Sanitary
Sewer Extension (Projects ID1168-3A and ID2058-3A):
(a) the
bid submitted by L82 Construction Ltd., 270 Huron Street, Suite A, London,
ON, N5V 5A7, in the amount of $554,715.58, excluding HST, for the above-noted
project, BE ACCEPTED; it being noted that the bid submitted by L82
Construction Ltd. Was the lowest of nine (9) bids received and meets the
City’s specifications and requirements in all areas;
(b) the
contract with AECOM, 410-250 York Street, Citi Plaza, London ON, N6A 6K2, BE
INCREASED by $81,312.00 to a revised upset limit of $1,613,877, excluding
HST, in order to carry out the resident inspection and contract
administration for the said project, in accordance with the estimate on file,
noting that this firm completed the engineering design, based upon the Fee
Guideline for Professional Engineering Services, 2006, recommended by the
Ontario Society of Professional Engineers; and in accordance with: Section
15.2 (g) of the Procurement of Goods and Services Policy;
(c) minor
future additional annual operating costs of $1,000 BE RECOGNIZED as a result
of this project noting that these costs are as a result of new infrastructure
installation and will be considered and accommodated within future Wastewater
& Treatment operating budgets;
(d) the
financing for this project BE APPROVED as set out in the Sources of Financing
Report, attached hereto as Appendix “A”;
(e) the
Civic Administration BE AUTHORIZED to undertake all the administrative acts
that are necessary in connection with these projects; and,
(f) the
approvals given herein BE CONDITIONAL upon the Corporation entering into a
formal contract or issuing a purchase order for this project and the
completion of the related land sale; and,
(g) the
Mayor and City Clerk BE AUTHORIZED to execute any contract or other
documents, if required, to give effect to these recommendations.
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Motion Passed
|
Motion made by Councillor B. Polhill to
Approve that, on the recommendation of the Executive Director, Planning,
Environmental and Engineering Services, the Civic Administration BE DIRECTED
to provide a response to the London Development Institute relating to
Development Charge Project Costs & City Services Reserve Fund Projects;
it being noted that the Built and Natural Environment Committee reviewed and
received a communication dated September 24, 2011, from J. Kennedy, London
Development Institute, with respect to this matter.
|
Motion Passed
|
Motion made by Councillor B. Polhill to
Approve that, on the recommendation of the Director of Planning, the
following actions be taken with respect to the supply, delivery and planting
of 2011 spring infill street trees (Tender T11-94):
(a) the
tender submitted by Kamarah Tree Farms, R.R. #1, 196312, Rd. 119, Lakeside,
Ontario N0M 2G0, in the amount of $130,875.00, excluding HST, BE ACCEPTED; it
being noted that Kamarah Tree Farms submitted the lowest of four bids and
meets all the tender terms, conditions and specifications;
(b) the
funding for this project BE APPROVED as set out in the Source of Financing
Report attached hereto as Appendix “A”;
(c) the
Civic Administration BE AUTHORIZED to undertake all the administrative acts
that are necessary in connection with this contract; and,
(d) the
approvals 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 these projects.
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Motion Passed
|
Motion made by Councillor B. Polhill to
Approve that, on the recommendation of the Director of Development Planning,
in response to the letter of appeal to the Ontario Municipal Board from
Marjorie Louise Orr, dated July 22, 2011 relating to the Provisional Decision
on Consent Application B.027/11 concerning property located at 290, 292 and
294 Wharncliffe Road South, the following actions be taken:
(a) the
Ontario Municipal Board BE ADVISED that Municipal Council supports current
wording of Condition No. 7 of the Provisional Consent Decision, which is
specifically objected by the applicant, which reads as follows:
“7.
That the Owner transfer, at no cost to the City, sufficient lands free of
encumbrances, save and except the buildings or steps of these dwelling units
to widen Wharncliffe Road South to a maximum width of 18.0 metres in
perpendicular width from the centerline of Wharncliffe Road South along the
entire frontage of the subject lands as determined by the City Engineer. The
reference plan describing the widening to be transferred must be pre-approved
by the City Engineer.”
(b) the
Ontario Municipal Board BE ADVISED that Municipal Council supports all other
conditions included in the Provisional Consent Decision; and,
(c) the
City Solicitor BE DIRECTED to provide legal and planning representation at
the Ontario Municipal Board hearing in support of the position of Municipal
Council.
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Motion Passed
|
Motion made by Councillor B. Polhill to
Approve that, on the recommendation of the Director of Development Planning
and the Managing Director of the Development Approvals Business Unit, the
following actions be taken with respect to the application of Highland Green
London Inc. relating to the properties located at 181 and 199 Commissioners
Road East:
(a) the
Approval Authority BE REQUESTED to approve a one (1) year extension to Draft
Plan Approval, submitted by Highland Green London Inc., prepared by ENG Plus
(Project No. 06.257), certified by J. Andrew Smith OLS, on December 18, 2007,
File No. 39T-08501, as red line amended, SUBJECT TO the revised conditions
contained in the attached Appendix “39T-08501-1”; and,
(b) the
Applicant BE ADVISED that the Director of Development Finance has projected
the attached claims and revenues information.
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Motion Passed
|
Motion made by Councillor B. Polhill to
Approve that, on the recommendation of the Director of Development Planning
and the Managing Director, Development Approvals Business Unit, the following
actions be taken with respect to amending the subdivision agreement between
The Corporation of the City of London and Foxhollow Developments Inc. for the
Foxfield Subdivision, situated on the north side of Fanshawe Park Road West,
west of Wonderland Road (Phase 3):
(a) the
attached Special Provisions to be contained in a Subdivision Amendment
Agreement between The Corporation of the City of London and Foxhollow
Developments Inc. for the Foxfield Subdivision, Phase 3 (39T-02505-3), BE
APPROVED;
(b) the
Mayor and the City Clerk BE AUTHORIZED to execute this Subdivision Amendment
Agreement and all documents required to fulfill its conditions; and,
(c) the
applicant BE ADVISED that the Director of Development Finance has estimated
the attached claims and revenues information.
|
Motion Passed
|
Motion made by Councillor B. Polhill to
Approve that, on the recommendation of the Director of Development Planning
and the Managing Director, Development Approvals Business Unit, the following
actions be taken with respect to amending the subdivision agreement between
The Corporation of the City of London and Foxhollow Developments Inc. for the
Foxfield Subdivision, situated on the north side of Fanshawe Park Road West,
west of Wonderland Road (Phase 4):
(a) the
attached Special Provisions to be contained in a Subdivision Amendment
Agreement between The Corporation of the City of London and Foxhollow
Developments Inc. for the Foxfield Subdivision, Phase 4 (39T-02505-4), BE
APPROVED;
(b) the
Mayor and the City Clerk BE AUTHORIZED to execute this Subdivision Amendment
Agreement and all documents required to fulfill its conditions; and,
(c) the
applicant BE ADVISED that the Director of Development Finance has estimated
the attached claims and revenues information.
|
Motion Passed
|
Motion made by Councillor B. Polhill to
Approve that, on the recommendation of the Director of Development Planning
and the Managing Director, Development Approvals Business Unit, the following
actions be taken with respect to amending the subdivision agreement between
The Corporation of the City of London and Foxhollow Developments Inc. for the
Foxfield Subdivision, situated on the north side of Fanshawe Park Road West,
west of Wonderland Road (Phase 5):
(a) the
attached Special Provisions to be contained in a Subdivision Amendment
Agreement between The Corporation of the City of London and Foxhollow
Developments Inc. for the Foxfield Subdivision, Phase 5 (39T-02505-5), BE
APPROVED;
(b) the
Mayor and the City Clerk BE AUTHORIZED to execute this Subdivision Amendment
Agreement and all documents required to fulfill its conditions; and,
(c) the
applicant BE ADVISED that the Director of Development Finance has estimated
the attached claims and revenues information.
|
Motion Passed
|
Motion made by Councillor B. Polhill to
Approve that, on the recommendation of the Director of Development Planning
and the Managing Director of the Development Approvals Business Unit, the
following actions be taken with respect to the application of Banman
Developments (Legendary) Inc. relating to the property located east of
Wharncliffe Road South at Legendary Drive:
(a) the
Approval Authority BE REQUESTED to approve a two (2) year extension to Draft
Plan Approval, submitted by Legend Developments Ltd., certified on June 24,
2003 by Murray Fraser, FKS Surveying Ltd., Drawing No. c-draftplan-sk3, SUBJECT
TO the revised conditions contained in the attached Appendix
“39T-02502-1”; and,
(b) the
Applicant BE ADVISED that the Director of Development Finance has projected
the attached claims and revenues information.
|
Motion made by Councillor J.B. Swan and
seconded by Councillor J.P. Bryant to Amend clause 15 in part (a) by
replacing the number two (2), with the number three (3).
Motion Passed
|
The motion to adopt clause 15, as amended,
is put.
Motion Passed
Clause 15, as amended, reads as follows:
That, on the recommendation of the Director
of Development Planning and the Managing Director of the Development
Approvals Business Unit, the following actions be taken with respect to the
application of Banman Developments (Legendary) Inc. relating to the property
located east of Wharncliffe Road South at Legendary Drive:
(a) the
Approval Authority BE REQUESTED to approve a three (3) year extension to
Draft Plan Approval, submitted by Legend Developments Ltd., certified on June
24, 2003 by Murray Fraser, FKS Surveying Ltd., Drawing No. c-draftplan-sk3,
SUBJECT TO the revised conditions contained in the attached Appendix
“39T-02502-1”; and,
(b) the
Applicant BE ADVISED that the Director of Development Finance has projected
the attached claims and revenues information.
|
Motion made by Councillor B. Polhill to
Approve that, notwithstanding the recommendation of the Director of Building
Controls, the request to amend and enforce the Sign & Canopy By-law for
Construction and Real Estate Advertising Signs BE DEFERRED to a future public
participation meeting of the Built and Natural Environment Committee.
|
Motion Passed
|
Pursuant
to section 17.2 of the Council Procedure By-law, Councillor D. Brown calls
for a separate vote on clause 17.
|
Motion made by Councillor B. Polhill to
Approve that, on the recommendation of the Transportation Advisory Committee,
the Civic Administration BE ASKED to explore funding opportunities to
implement transit priority measures through Transport Canada’s ecoMobility
Program, a program that is part of the Government of Canada’s ecoTransport
strategy to address greenhouse gas emissions and air pollution from transportation
sources; it being noted that the Transportation Advisory Committee held a
general discussion with respect to this matter.
|
Motion Passed
|
Motion made by Councillor B. Polhill to
Approve that, notwithstanding the recommendation of the Director of Land Use
Planning and City Planner, the application of EMCO Corporation relating to
the property located at 1100 and 1108 Dundas Street BE REFERRED back to staff
to facilitate the request of the applicant for:
(a) an
amendment to the Official Plan to add a Specific Area Policy (Chapter 10
policy) for the existing building at 1100 Dundas Street for office space,
excluding medical/dental office, to a maximum of 2,508 square metres (27,000
square feet); and for the existing building at 1108 Dundas Street for office
space, excluding medical/dental office, to a maximum of 6,224 square metres
(67,000 square feet) and to include a limited amount of commercial uses
including convenience stores, financial institutions, restaurants and
personal service establishments not exceeding a total of 1,000 square metres
(10,764 square feet); and,
(b) to
amend the Zoning By-law from a General Industrial (GI1) Zone to a General
Industrial Special Provision (GI1( ) Zone for the existing building at 1100
Dundas Street for office space, excluding medical/dental office, to a maximum
of 2,508 square metres (27,000 square feet); and for the existing building at
1108 Dundas Street for office space, excluding medical/dental office, to a
maximum of 6,224 square metres (67,000 square feet) and convenience store,
financial institution, restaurant and personal service establishment not
exceeding a total of 1,000 square metres (10,764 square feet);
it being pointed out that at the public
participation meeting associated with this matter, the following individual
made an oral submission in connection therewith:
• B.
Billings, on behalf of the applicant – expressing appreciation for the
handling of the application by the Civic Administration; advising that the
issue is with the amount of floor area recommended; indicating that EMCO
needs to remain viable and contribute to the community; advising that EMCO’s
primary tenant left in 2010 and that EMCO requires 30,00 square feet for
office space; and indicating that EMCO met with its neighbours on June 28,
2011 and there were no concerns expressed with what EMCO is recommending.
|
Motion made by Councillor P. Hubert and
seconded by Councillor J.P. Bryant to Amend clause 19 by deleting the words, “facilitate
the request of the applicant for:”; and replace with the words, “consider,
and further consult with the applicant regarding future possibilities”.
|
Motion to amend Failed
|
The motion to adopt clause 19 is put.
Motion Passed on a recorded vote, the
Members voting as follows:
YEAS: J.F. Fontana, B. Polhill, J.B. Swan,
S. Orser, D.G. Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, S.E. White
(9)
NAYS: M. Brown, P. Hubert, J.P. Bryant (3)
|
Motion made by Councillor B. Polhill to
Approve that, on the recommendation of the Director of Land use Planning and
City Planner, Planning Staff BE DIRECTED to initiate a review of the
provisions of the Z.-1 Zoning By-law to ensure that the Official Plan’s
office policies are being clearly and effectively implemented; it being noted
that the Built and Natural Environment Committee heard a verbal presentation
from S. Farhi, Farhi Holdings Corporation, with respect to this matter.
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Motion Passed
|
Motion made by Councillor B. Polhill to
Approve that, on the recommendation of the Director of Land Use Planning and
City Planner, based on the application of 1830150 Ontario Limited relating to
the property located at 580 Fanshawe Park Road East,
(a) the
attached, revised, proposed by-law BE INTRODUCED at the Municipal
Council meeting on October 3, 2011 to amend Zoning By-law No. Z.-1 to change
the zoning of the subject lands FROM an Automobile Service Station (SS2) Zone
which automotive uses, restricted TO a Holding Community Shopping Area
Special Provision (h-5*h-11*h*103-CSA3(_)) Zone which permits commercial
retail and service uses that serve the community and/or surrounding
neighbourhoods, a reduced number of parking spaces of 43 stalls whereas 67
are required, a reduced front yard setback of 0.0 metres from the ultimate
road allowance whereas 10 metres is required, a reduced lot depth of 38.1
metres whereas 50 is required, reduced loading spaces to 0 whereas 1 is
required, reduced distance of parking area located next to an ultimate road
allowance to 0m whereas 3m is required, reduced distance of a parking area
next to any side yard to 0m whereas 3m is required, reduced distance of a
parking area next to a rear yard to 0m whereas 3m is required, reduced
distance between a drive-through lane located in the interior side yard and
the property line to 0m whereas 3m is required; it being noted that the
holding (h-103) has been added to ensure that urban design is addressed at
site plan; it being also noted that the holding (h-11) has been added to
ensure the access arrangements are addressed at site plan; it being further
noted that the addition of the holding (h-11) will also ensure the orderly
development of lands and the adequate provision of municipal services, the
(h-11) symbol shall not be deleted until a development agreement and the
associated site plan, which provides for appropriate access arrangements to
the satisfaction of Council, is entered into with the City of London;
(b) the
site plan application BE CONSIDERED at a public participation meeting, with
all members of the condominium corporation located at 567 Fanshawe Park Road
East being notified; and,
(c) the
Civic Administration BE DIRECTED to review the traffic patterns at the
intersection of Fanshawe Park Road East and Adelaide Street;
it being
noted that the Built and Natural Environment Committee received
communications from the following with respect to this matter:
·
the
Urban Design Peer Review Panel Members, dated September 21, 2011; and,
·
A.
Soufan, York Developments, dated September 24, 2011;
it being
pointed out that at the public participation meeting associated with this
matter, the following individuals made an oral submission in connection
therewith:
·
D.
Young, Stantec Consulting, representing the applicant – see attached
presentation.
·
A.
Soufan, York Developments, applicant – advising that there will be two
garbage bins back-to-back and that the garbage will be picked up during
non-peak hours; advising that if two garbage pick-ups are needed, one will
occur in the morning and one will occur in the evening; indicating that the
garbage truck will use the drive-thru lane; and advising that merchandise
will be loaded and unloaded with a hand cart.
·
J.
Eakins, 21 – 567 Fanshawe Park Road East – advising that he lives in the
condominiums across from the subject site; expressing concern with respect to
traffic volume and the number of accidents in the area; enquiring as to how
loading and unloading of merchandise and garbage pickup will be handled;
indicating that there are a lot of variance requests; and expressing concern
with the increase in traffic volume if this request is approved.
·
J.
Cousins, Manager, Tim Horton’s, 564 Fanshawe Park Road East – advising that
the Tim Horton’s at 564 Fanshawe Park Road East has operated at that location
for 8 years; advising that the 0% setback does not allow for landscaping and
garbage pickup; advising that Tim Horton’s has a self-enclosed garbage area
for their store and that one garbage container won’t work for four
businesses; expressing concern with the elimination of the loading area;
indicating that when he adds up the number of parking spaces, he only counts
22; expressing concern with people parking in the Tim Horton’s parking lot
and walking over to the other businesses; indicating that the application for
site plan approval has not been applied for.
·
President,
Condominium Corporation, 567 Fanshawe Park Road East – indicating that he is
the President of the Condominium Corporation; advising that he was not
notified of the possible amendments and has had less than a week to review
the proposal; advising that he does not agree that the application concurs
with the Official Plan; expressing concerns with public safety; indicating
that he hasn’t seen a traffic study; advising that the picture of the
proposed buildings is beautiful and it is a great idea looking south onto
Fanshawe Park Road but it is a recipe for disaster; expressing concern with
the amount of traffic and recommending that Council visit the area at either
8:00 a.m. or 5:00 p.m.
|
Motion Passed
|
Motion made by Councillor B. Polhill to
refer consideration of clause 22 to the 24th Report of the Built and Natural
Environment Committee.
Motion Passed
|
Motion made by Councillor B. Polhill to
Approve that, on the recommendation of the Acting Director of Roads &
Transportation, the following actions be taken with respect to facilitating
the use of existing bus stops on the east side of Richmond Street between
York Street and Oxford Street East for a proposed late night (midnight to
3:00am) shuttle service that is to be operated Fridays, Saturdays and
Sundays:
(a) the
attached proposed by-law (Appendix “A”) BE INTRODUCED at the Municipal
Council meeting to be held on October 3, 2011 for the purpose of amending the
Traffic and Parking By-law (P.S. 111); and,
(b) the
Civic Administration BE AUTHORIZED to undertake all the administrative acts
that are necessary in connection with the by-law amendment noted in part (a)
above.
|
Motion Passed
|
Motion made by Councillor B. Polhill to
Refer clause 24 back to the Civic Administration for additional consultation
with area property owners with respect to the path access points and the
existing pathway policies.
Motion Passed
Clause 24, as referred back to Civic
Administration, reads as follows:
That, on the recommendation of the
Executive Director of Planning and Environmental Services, the revised Thames
Valley Parkway extension on the West del Bourne road allowance at Kains Road
project BE COMPLETED; it being noted that the revision is a narrower (2m
wide) asphalt pathway along the east side of the existing trees and enhanced
landscape buffering for adjacent neighbours who request it.
|
|
25.
|
Farhi Holdings Inc.
– Demolition Request – 764 Waterloo Street
|
|
|
|
Motion made by Councillor B. Polhill to
Approve that, on the recommendation of the Director, Land Use Planning and
City Planner, with the advice of the Heritage Planner, the request for the
demolition of the designated heritage property at 764 Waterloo Street BE
APPROVED, SUBJECT TO:
(a) the
consideration of the site plan application at a public participation meeting,
with members of the community being notified;
(b) the
owner of the subject property working with the City and the neighbours to
ensure that the property is remediated properly;
(c) as
required by the Ontario Heritage Act, consultation with the London Advisory
Committee on Heritage occur related to the drawings for the proposed dwelling
to be constructed at this location, if a demolition permit is issued;
(d) landscaping
to buffer the empty lot from the residential district to the north, until an
approved redevelopment proposal is in place; and,
(e) a
site plan application for the neighbouring property located at 754 Waterloo
Street.
|
Motion made by Councillor J.B. Swan and
seconded by Councillor B. Polhill to Amend in part (a) by adding the words
“for both 764 and 754 Waterloo Street” after the words “site plan
application” and amend part (b) by adding to the end, the following words,
“and that the property owner immediately south of the subject property be
included in the circulation for the public participation meeting associated
with the site plan process;”.
|
Motion Passed
|
The motion to adopt clause 25, as amended,
is put.
|
Motion Passed
|
Clause 25, as amended, reads as follows:
that, on the recommendation of the
Director, Land Use Planning and City Planner, with the advice of the Heritage
Planner, the request for the demolition of the designated heritage property
at 764 Waterloo Street BE APPROVED, SUBJECT TO:
(a) the
consideration of the site plan application for both 764 and 754 Waterloo
Street at a public participation meeting, with members of the community being
notified;
(b) the
owner of the subject property working with the City and the neighbours to
ensure that the property is remediated properly and that the property owner
immediately south of the subject property be included in the circulation for
the public participation meeting associated with the site plan process;
(c) as
required by the Ontario Heritage Act, consultation with the London Advisory
Committee on Heritage occur related to the drawings for the proposed dwelling
to be constructed at this location, if a demolition permit is issued;
(d) landscaping
to buffer the empty lot from the residential district to the north, until an
approved redevelopment proposal is in place; and,
(e) a
site plan application for the neighbouring property located at 754 Waterloo
Street;
it being
noted that the Built and Natural Environment Committee received the following
communications from the following, opposed to this matter:
·
E.
V. Newman, 875 Hellmuth Avenue, dated September 26, 2011;
·
B.
K. Richter, 875 H75 Hellmuth Avenue, dated September 26, 2011;
·
D.
G. Kennedy, 1016 Wellington Street, dated September 25, 2011;
·
G.
Hinton, by e-mail, dated September 25, 2011;
·
K.
Dube, 784 Hellmuth Avenue, dated September 25, 2011;
·
A.
Strong, 772 Hellmuth Avenue, dated September 25, 2011;
·
J.
Thompson, 766 Hellmuth Avenue, dated September 25, 2011;
·
N.
Thompson, 287 St. James Street, dated September 25, 2011;
·
J.
& D. Goldman, by e-mail, dated September 24, 2011;
·
M.
Loft, 784 Wellington Street, dated September 26, 2011;
·
I.
Haldane, 890 Waterloo Street, dated September 24, 2011;
·
M.
Parks, Chair, Bishop Hellmuth Community Association, dated September 26,
2011;
·
M.
White, by e-mail, dated September 26, 2011;
·
T.
Kane-Callender, 779 Waterloo Street, dated September 26, 2011; and,
·
D.
Crockett, Integrated Vice-President, Facilities Management, St. Joseph’s
Health Care;
it being
pointed out that at the public participation meeting associated with this
matter, the following individuals made an oral submission in connection
therewith:
·
S.
Farhi, Farhi Holdings Inc., applicant – advising that he has a track record
of preserving heritage properties; indicating that he owns over 100 buildings
in the City of London; indicating that it is a lovely neighbourhood that
people should be proud of; and advising that he hired an engineer to examine
the building.
·
M.
Ference, NA Engineering Associates Inc. – advising that she was asked by the
applicant to go through the building in January, 2011; advising that the home
had not been heated or taken care of; advising that they took a cursory look
at the first, second and basement levels; advising that the roof has leaked
for a number of years, the lath and plaster are coming down there is damage
done to the floor joists, the building was used as a business, the interior
has been reworked, the basement may have been used as an apartment, the
mantels from the fireplace have been ripped out, there are holes in the
walls, the mechanical and electrical services have been damaged, the
foundation is a multi-brick foundation and there was evidence of water and
ice coming through the foundation and there is mold; advising that she looked
at the exterior of the building when the snow melted and there are a lot of
cracks in the mortar joints and the chimney; expressing concern with the
evidence of people breaking in and causing further damage; advising that
animals have been getting in as there are animal carcasses and skeletons;
indicating that the building has been neglected for years; suggesting that
the renovations may not have been completed; noting there are bricks missing
and the property is dangerous.
·
M.
Parks, Bishop Hellmuth Community Association – see attached
presentation.
·
E.
Newman, 875 Hellmuth Avenue – advising that due to the lateness of the hour,
neighbours with children are unable to attend; advising that they were
attracted to the neighbourhood by the architecture; advising that each house
has a unique history; indicating that once a house is destroyed, the heritage
is gone; and requesting that if the house is demolished, that whatever is
built in its place resembles the building that is there now.
·
A.
Marcotullio, 766 Waterloo Street – expressing support for the demolition;
advising that he is the former owner of the property and that the building
has been boarded up for a decade and a half; advising that the building poses
a threat to his family; and advising that people breakin, in the middle of
the night.
·
C.
Scott-Barre, 774 Hellmuth Avenue – advising that she is the fourth generation
of her family to live in her home; advising that she was active in the
designation of the Bishop Hellmuth Heritage Conservation District; advising
that she has toured the building at 764 Waterloo Street and that the house is
sorely neglected; advising that there has been nothing done to preserve the
dignity of the heritage house; advising that the neighbourhood is blessed
with some of the most beautiful heritage features in the city; advising that
the municipality does not have a stellar record of preservation; and asking
the Committee to make a decision they can be proud of; and indicating that
the building has not been secured.
·
P.
Dillon, 876 Hellmuth Avenue – advising that he has lived in his house for 20
years; advising that he had extensive renovations done to his property and he
knows about the costs and potential of renovating a heritage property;
indicating that it is too early to prejudge by allowing demolition at this
time; indicating that demolition should not be allowed until a definitive
site plan has been received; expressing considerable fear that the next sign
will have a Tim Horton’s sign over it; advising that there is the potential
for a domino effect up the block; advising that he doesn’t begrudge Mr. Farhi
for what he does; asking to hold Mr. Farhi to his pledge to preserve heritage
property and that if the building can’t be preserved, to get public input.
·
B.
Richter, 875 Hellmuth Avenue – advising that he moved to London one year ago
and bought specifically in a Heritage Conservation District; advising that he
chose the Bishop Hellmuth Heritage Conservation District as there are no
newer buildings in the District; noting that they didn’t chose the West
Woodfield Heritage Conservation District as it has some newer buildings that
are not in keeping with the District; indicating that he thought the
character and density of the neighbourhood were protected; indicating that
the neighbourhood hasn’t had much chance to discuss this matter; suggesting
that the developer should have knocked on doors in the neighbourhood;
indicating that there are a number of vacant commercial properties in the
Richmond Street and Oxford Street area and creating more commercial space
will create more of a problem.
·
J.
Colvin, 859 Waterloo Street – advising that he purchased the property at 861
Waterloo Street, which was in bad shape; advising that he had to replace the
chimney, and the eaves trough and soffit on one side; indicating that he
invites people to see what can be done; and asking Council to think carefully
before allowing people to demolish their homes.
·
J.
Chapman, 103 Elmwood Avenue – advising that there is no land assembly
happening here and that engineers are licensed and are not hired to say what
you want them to say.
·
M.
Pundaky, Farhi Holdings Inc. – indicating that he walks through the
properties that Mr. Farhi purchases; indicating that people are making
assumptions about the future and future development; advising that the
property has been neglected for 16 years; advising that the utilities have
been turned off for 6 years; advising that their main concern is the
structure and the health and safety of the neighbours; indicating that they
have cut the landscaping to deter vandalism; and indicating that City
restrictions, by-laws and the building code do not allow them to build
whatever they want.
·
G.
Brumitt, Farhi Holdings Inc. – advising that she has managed various
properties during her career, including Ontario Realty Corporation
properties; advising that the property is beyond saving; recommending that
the Building Division and Planning Division determine what the impact is on
the neighbourhood; and suggesting that because certain aspects of the
property are worthy of heritage doesn’t mean that the entire property is
worth saving.
·
S.
Trosow, 43 Mayfair Drive – expressing opposition to the application;
expressing frustration at watching people being attacked; advising that
property owners that allow their properties to fall into disrepair should not
be rewarded; indicating that the developer should have been fined; and
requesting the applicant to come in with a site plan after working with the
neighbourhood.
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|
26.
|
Infrastructure
Ontario (Formerly Ontario Realty Corporation) – London Psychiatric Hospital
Lands Secondary Plan (O-7668)
|
|
|
|
Motion made by Councillor B. Polhill to
Approve that, on the recommendation of the Director of Land Use Planning and
City Planner, the following actions be taken with respect to the application
of Infrastructure Ontario (formerly Ontario Realty Corporation), for an
Official Plan Amendment to change existing land use designations and to adopt
a Secondary Plan, integrated with a Municipal Class Environmental Assessment
(EA) Study, Schedule “B” for Storm/Drainage and Stormwater Management (SWM)
Servicing Works, for the London Psychiatric Hospital Lands, municipally
described as 840 and 850 Highbury Avenue North and 1414 and 1340 Dundas
Street, and lands without a municipal address located east of 850 Highbury
Avenue North and bounded by the Canadian Pacific and Canadian National
Railways:
(a)
the
Psychiatric Hospital Lands Municipal EA Study, Schedule “B” for
Storm/Drainage and SWM Servicing Works (Stantec, September 14, 2011), attached
hereto as Appendix “B”, BE ACCEPTED; it being noted that the required control
of the estimated peak flows and velocities that would determine the size of
the proposed Storm/Drainage and SWM Servicing Works have been deferred to the
functional design stage as identified by the Ministry of the Environment
(MOE);
(b)
using
an integrated approach, combining the Planning Act and the Environmental
Assessment Act processes, the proposed by-law attached
hereto as Appendix “A” BE INTRODUCED at the Municipal Council meeting on
October 3, 2011 to:
(i)
amend Chapter
20 - Secondary
Plans, by adding “London Psychiatric Hospital Secondary Plan” to the list of
Secondary Plans adopted by Council in Section 20.2 i) of the Official Plan
for the City of London;
(ii)
amend
Chapter 20 – Secondary Plans, by adding Section 20.4 – London Psychiatric
Hospital Secondary Plan, to the Official Plan for the City of London;
(iii)
change
the designation of the subject lands on Schedule A – Land Use, FROM the
“Regional Facility” and “Light Industrial” designations, TO the
“Multi-family, High Density Residential”, “Multi-family, Medium Density
Residential”, “Office/ Residential”, “Regional Facility” and “Open Space”
designations;
(iv)
amend
Schedule B1 – Natural Heritage Features, to delineate an “Unevaluated
Wetland”;
(v)
amend
Schedule C – Transportation Corridors, to add the Secondary Collector Road
Network; and,
(vi)
amend
Schedule D – Planning Areas, to add “Secondary Plans” to the legend, change
“Planning Area Name” in the legend to “Planning Area\Secondary Plan Name” and
delineate a new Planning Area to the map entitled “London Psychiatric Hospital”;
(c)
the
request to amend the Official Plan to change the designation of the subject
lands FROM the “Regional Facility” and “Light Industrial” designations, TO
the “Multi-family, Medium Density Residential”, “Live-Work”, “Mixed Use”,
“Main Street Commercial Corridor”, “Office Area”, “Regional and Community
Facility”, “Open Space – Parkland”, “Open Space – Heritage”, “Open Space –
Environmental”, and “Open Space – Stormwater Management” designations, and to
add Secondary
Plan policies to the Official Plan to guide the redevelopment of the subject
lands, and provide new schedules to address such matters as secondary plan
designations, neighbourhood areas, building heights, street hierarchy,
pedestrian and cycling routes, cultural heritage framework, urban design
areas and priorities, BE REFUSED for the following reasons:
(i)
text
changes to the proposed Secondary Plan were required to address the
resolution of such key issues as the conservation of cultural heritage,
parkland dedication, the transportation system and network, and permitted
land uses and urban design and land use control criteria;
(ii)
City
staff have recommended a two-tier land use designation approach, which
employs land use designations existing in the Official Plan and introduces
new land use designations at the Secondary Plan level, that are to be read in
conjunction with the existing Official Plan schedules and text;
(iii)
minor
changes to the schedules in the proposed Secondary Plan were required to
reconfigure the designation boundaries; modify the road, pedestrian and
cycling networks, modify building heights, add permitted traffic turning
movements, expand the cultural heritage framework to include trees on both
sides of the curvilinear road, identify a significant vista, establish the
areas of influence for noise and vibration adjacent to an existing industrial
use, and identify the preferred solution for storm/drainage and stormwater
management servicing works; and,
(iv) text
changes are recommended to the proposed Secondary Plan to create a standard
format for all future Secondary Plans, to create new land use designations at
the Secondary Plan level, and to use a policy format and terminology that is
more consistent with the City of London Official Plan;
it being noted that the Built and Natural
Environment Committee received a communication dated September 14, 2011 from
V. Labreche, Labreche Patterson & Associates Inc., with respect to this
matter;
it being
pointed out that at the public participation meeting associated with this
matter, the following individuals made an oral submission in connection
therewith:
·
B.
Malpass, Elmwood Lawn Bowling Club, 14 – 284 Wonderland Road South - advising
that he has attended all of the meetings; indicating that lawn bowling has
been carried on by the Fairmont Bowling Club at this site for over 90 years;
advising that they hold local and national lawn bowling tournaments; advising
that their members range in age from 17 to 90; indicating that bowlers that
attend tournaments stay in hotels and eat at area restaurants; indicating
that the Bowling Club installed new flood lights, and new greens in the last
year; expressing opposition to the designation for their location as they
would have to find a new location; advising that the Elmwood Lawn Bowling
Club is hosting the 2012 Ontario Pairs Tournament; indicating that they have
a large investment in their facilities and that they wish to remain at the
same location; advising that moving their facilities to the north will cost
several hundred thousand dollars; indicating that he has not been contacted
by the Civic Administration or MHBC and requesting that their location not be
moved.
·
W.
Wake, 597 Kildare Road – expressing pleasure with the protection of the six
chimneys to accommodate the chimney swifts; advising that the chimney swifts
are protected both provincially and federally; and indicating that the
largest reason for the chimney swift decline is the lack of food as they eat
insects from wetlands and environmentally significant areas.
·
B.
Thompson, 196 Ryan Avenue – expressing support for the plan and indicating
that it has taken into consideration the neighbourhoods around it; requesting
that the Open Space area be developed into a park; requesting that this not
be developed piece meal; asking that the Lawn Bowling Club be kept in its
current location; and request that the developers build something that is
inventive in size, shape and area around the Lawn Bowling Club.
·
C.
Wiebe, MHBC Planning – advising that this has process has taken almost 3
years and has been an interesting process; advising that she has been
contacted by a cultural heritage expert who is attending a conference in
October and asked for permission to tell the conference about this Plan;
advising that there has been a lot of collaboration; noting that the surplus
will be between $9,000,000 and $15,000,000 and will generate a tremendous
economic impact to the City; advising that the Lawn Bowling Club is situated
close to Dundas Street and the proposal is to shift the Lawn Bowling Club to
the central part of the plan and indicating that final decisions have not
been made.
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Motion Passed
|
Motion made by Councillor B. Polhill to
Approve that, on the recommendation of the Managing Director of Development
Approvals Business Unit and Director of Development Planning, the following
actions be taken with respect to the application submitted by Sifton
Properties Limited relating to the properties located at 2178 & 2270
Highbury Avenue North:
(a) the
request to amend the Official Plan to change the designation of the subject
property from “Urban Reserve, Community Growth” and “Agriculture” to “Low
Density Residential” and to move the Urban Growth Boundary to include a small
portion of the lands within the Urban Growth Area BE REFUSED for the
following reasons:
(i) expansion
of the Urban Growth Boundary is not permitted outside of comprehensive review
of the Official Plan;
(ii) it
is not consistent with the Provincial Policy Statement; and,
(iii) it
is not consistent with the policies of the Official Plan;
(b) the
request to amend Zoning By-law No. Z.-1 to change the zoning of the subject
property from a Open Space (OS5) Zone which permits conservation lands and
conservation works and a Residential R1 (R1-4) Zone which permits to a
Residential R6 Special Provision (R6-2(___)) Zone to permit cluster housing
in the form of single detached dwellings at a maximum density of 15 units per
hectare and a maximum height of 10.5 metres with a special provision to
permit a reduced interior side yard of 1.2 metres and reduced density of 15
units per hectare, and an Open Space Special Provision (OS1(__)) Zone to
permit a public park/trail corridor extension with a special provision for 0
metre lot frontage onto a public road and reduced lot area of 1600 square
metres BE REFUSED for the following reasons:
(i) is
not consistent with the Provincial Policy Statement;
(ii) it
does not conform with the policies of the Official Plan;
(iii) the
requested zone would not appropriately implement the proposed lot structure
of the associated draft plan submitted by the applicant; and,
(iv) it
does not maintain the natural heritage linkage to the wetland;
(c) the
Approval Authority BE ADVISED that at the public participation meeting of the
Built and Natural Environment Committee held with respect to this matter, the
following issues were raised by the public with respect to the following:
(i) the
proximity to the wetland;
(ii) the
location being where children play;
(iii) the
narrow streets; and
(iv) the
volume of traffic;
(d) staff
BE REQUESTED to review the ESA designation of Block 60, Registered Plan
33M-601 in the upcoming Official Plan update commencing in 2011;
it being noted that
the Built and Natural Environment Committee received a communication, dated
September 23, 2011, from A. McCloskey, Ministry of Natural Resources, with
respect to this matter;
it being
pointed out that at the public participation meeting associated with this
matter, the following individuals made an oral submission in connection
therewith:
·
B.
Card, Barrister & Solicitor, representing the applicant – requesting that
the Council refer the matter back to the Civic Administration to allow
presentations from Mr. P. Maschellin, Dr. Epp and Ms. Zunte; advising that
the refusal of the application is incorrect; indicating that it is easy for
people to look at the land link, but the link doesn’t function for the
conveying of water because of the bump in the middle; indicating that the
linkage identified is unusable; expressing concern with the planning impact;
advising that there are 6 bullet points where Staff were able to say good
things about the application; the staff report indicates that the proposal
provides housing for land that is not needed; advising that in the Ontario
Municipal Board decision, Mr. Stephanko said it shouldn’t move the Official
Plan boundary; indicating that it does not constitute affordable housing,
that other projects aren’t rejected because they are not affordable housing
projects; advising that there are a number of issues that do not seem to be
of clear, analytical thought; advising that there are no merits for grounds
for rejection; advising that the wetland is to be protected; advising that
narrow streets are something that the city favours in order to hamper speed;
and requesting the application be sent back until the Council can hear
presentations from Mr. P. Maschellin, Dr. Epp and Ms. Zunte.
·
Resident,
1562 Privet Place – advising that when they purchased their property two and
a half years ago, that the proposition was not listed on the map; indicating
that the proposal puts more cars in an area where children play; indicating
that the streets are very narrow and that this is a high traffic area;
advising that when he sits on his deck, he can see the birds fly to the
water; advising that he has seen deer, coyotes and turtles in the direct line
of the proposed development; and indicating that 74 houses are being built
that use one exit and now 40 more houses are proposed to be built that would
use the same exit.
·
D.
McCluskey, 1524 Privet Place – advising that they bought their property, at a
premium, for the proximity to the wetland; indicating that the developer has
advertisements on Highbury Avenue listing “back to nature” and now the
developer wants to take that away; indicating that you can barely get thee
cars across and enquiring as to how a fire truck would get down the road.
·
A.
Hajjar, 1510 Privet Place – advising that he bought their property, at a
premium, because of the wetland and the court; indicating that the streets
are narrow; advising that if cars are parked on the side of the road, that an
ambulance could not pass through; and agreeing with his neighbours comments.
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Motion Passed
|
Motion made Councillor J.B. Swan to Approve
that the Civic Administration BE ASKED to report back with the amount of
resources, the proposed budget and the timelines that are necessary to
complete the Great Near-Campus Neighbourhoods Planning Amendments, by the end
of the year;
it being noted that the Built and Natural
Environment Committee received a communication, dated September 22, 2011,
from S. Levin, President, Orchard Park/Sherwood Forest Ratepayers, with
respect to this matter.
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Motion Passed
|
Motion made by Councillor B. Polhill to
Approve that clause 1 of the 10th Report of the London Advisory Committee on
Heritage BE REFERRED to the Civic Administration for consideration.
Clause 1, as referred, reads as follows:
That the following actions be taken with
respect to the Cultural Heritage Report provided by N. Tausky, Heritage
Consultant, relating to the buildings in the South Street Hospital Complex;
it being noted that the London Advisory Committee on Heritage (LACH) noted
Ms. Tausky’s report provides a detailed description of the evolution of the
South Street campus, clearly establishes the cultural heritage significance
of the site, is supported by extensive and detailed research, including
relevant photos, and provides a strong case for the retention of aspects of
the site to provide a material reference to remind Londoners and visitors of
the importance of this site within the development of the community; it being
further noted that with the various changes in London’s health history
occurring at this time (ie. the decommissioning of the LPH site, the move to
the Westminster campus and the projected renovations at St. Joseph’s
Hospital), it is appropriate to consider how to place the South Street
complex into the context of the medical and social history of London:
(a)
the
Inventory of Heritage Resources BE AMENDED to change the Priorities of
the following buildings:
(i)
Medical
School as a Priority 1;
(ii) Nurses
Residence as a Priority 1; it being noted that the Nurses Residence is the
last one in existence;
(iii) Colborne
Street Building as a Priority 1;
(iv) Main
Building (North Wing) as a Priority 2; and,
(v)
War
Memorial Children’s Hospital as a Priority 1;
(b) the
Inventory of Heritage Resources BE AMENDED to include the following
properties:
(i)
the
Old Surgical Building as a Priority 1; and,
(ii) the Old
Isolation Building as a Priority 1;
(c) the
heritage features of the Nurses Residence BE RETAINED and BE
INCORPORATED in the new structure;
(d) the
exterior walls on the east, south and west sides of the buildings BE
RESTORED to their original condition, with necessary alterations being
made to achieve greater accessibility for disabled persons;
(e) the
following BE RETAINED and BE RESTORED:
(i)
vestibules
in the Nurses’ Residence and the former Medical School;
(ii)
the
reception halls in the Nurses’ Residence and the former Medical School;
(iii)
the
auditorium in the former Medical School;
(iv)
the
sunrooms in the former War Memorial Children’s Hospital;
it being noted that
where the lowered ceilings cut across windows, the original ceiling heights
should be restored;
(f) the
Colborne Building, on the south side of South Street, BE PRESERVED,
including the original doors, door and window surrounds and fire protection
equipment;
(g) the
art deco features in the North Wing of the Main Building BE PRESERVED
and BE INCORPORATED into a new development;
(h) the
buildings in the South Street Hospital Complex for which conservation is now
anticipated or for which conservation may be considered in the future BE
PROTECTED by:
(i)
keeping
the buildings tenanted;
(ii)
installing
a good security system;
(iii)
all
necessary repairs being completed to prevent water infiltration and to
provide adequate ventilation; and,
(iv)
preventing
the removal of any original or significant features of the relevant
buildings;
(i)
the
Civic Administration and a qualified restoration architect BE REQUESTED
to prepare a detailed conservation plan for each building to be conserved;
(j)
if
any of the buildings listed in part (a), above, are not conserved, the
building BE THOROUGHLY documented, including complete photographic
documentation of the building’s older features and with measured drawings
that indicate as much as can be discerned of the original layout, where such
drawings do not already exist;
(k)
the
streetscape, within the study area north of South Street, and any conserved
buildings within the study area south of South Street, BE GIVEN
consideration to designation as a Heritage Cultural Landscape or a Heritage
Conservation District;it being noted that the SoHo area has applied to become
a Heritage Conservation District;
(l)
a
form of interpretation, such as a passive park, a small museum, interpretive
signage, commemorative works of art, memorial walls or paving stones, BE
INSTALLED as a means of commemorating the history and importance of the
hospital;it being noted that the Thames Valley River Master Plan will be
installing plaques along the Thames River;
(m) the
three properties on the north side of South Street and the southwest corner
of Colborne Street and South Street BE CONSERVED;
(n) the entrance pavilion in the
yellow brick building BE CONSERVED;
(o) the
Municipal Council BE ACKNOWLEDGED for recognizing the significance of
this area; and,
(p) N.
Tausky BE THANKED for her excellent work on the Cultural Heritage
Report;
it being noted that the London Advisory
Committee on Heritage received the comments from its Stewardship
Sub-Committee with respect to this matter.
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Motion Passed
|
Motion made by Councillor B. Polhill to
Approve that, on the recommendation of the London Advisory Committee on
Heritage, the London Fire Fighters’ Association BE REQUESTED to give
consideration to the inclusion of Daniel Sullivan’s name to the Firefighters
Monument for the following reasons:
• Mr.
Sullivan was a firefighter with the Hook and Ladder Company who was killed in
the Hyman Tannery fire;
• a state funeral was ordered and
paid for by the City of London Fire Department; and,
• Mr.
Sullivan is included on the previous Firefighters Monument (erected in 1856,
originally located at the former McCormick Building and moved to the Mount Pleasant
Cemetery in 1875);
it being noted that the London Advisory
Committee on Heritage heard a verbal presentation from J. O’Neil, on behalf
of the Heritage Property Monitoring Sub-Committee, with respect to this
matter.
|
Motion Passed
|
Motion made by Councillor B. Polhill to
Approve that, on the recommendation of the London Advisory Committee on
Heritage, with the concurrence of the Director of Land Use Planning and City
Planner, with the advice of the Heritage Planner, the Heritage Alteration
Permit Application of M. Hyland requesting permission for exterior additions
to the heritage property located at 63 Elmwood Avenue East BE APPROVED; it
being noted that the Heritage Planner has reviewed the proposed additions and
has advised that the impact of such alteration on the heritage features of
this property is negligible; it being also noted that the London Advisory
Committee on Heritage heard a verbal presentation from M. Hyland with respect
to this matter.
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Motion Passed
|
Pursuant to section 17.2 of the Council
Procedure By-law, Councillor J.P. Bryant requests a separate vote on clause 33.
Motion made by Councillor B. Polhill to
Approve that clause 4 of the 10th Report of the London Advisory Committee on
Heritage BE REFERRED to the public participation meeting relating to the
proposed demolition of the property located at 764 Waterloo Street:Clause 4,
as referred, reads as follows:
(a) the
Director of Building Controls and Chief Building Official BE ADVISED that the
London Advisory Committee on Heritage (LACH) does not oppose the demolition
of the property located at 764 Waterloo Street; it being noted that the LACH
was advised that the Bishop Hellmuth Community Association has not had an
opportunity to review and respond to the proposed demolition; it being also
noted that there will be a public participation meeting at the Built and Natural
Environment Committee at its meeting held on September 26, 2011, with respect
to this matter; and,
(b) as
required by the Ontario Heritage Act, the LACH BE CONSULTED on drawings for
the proposed dwelling to be constructed at this location if a demolition
permit is issued;
it being noted that the LACH heard verbal
presentations with respect to this matter from the following:
• J. Chapman, Jim Chapman
Holdings Incorporated;
• N. Aroutzidis, NA Engineering
Associates Inc.;
• M. Ferenc, NA Engineering Associates
Inc.;
• M. Pundaky, Farhi Holdings
Corporation;
• A. Marcotullio, 766 Waterloo
Street; and,
• S. Farhi, Farhi Holdings
Corporation;
it being also noted that the LACH received
the following communications with respect to this matter:
• a
communication dated September 13, 2011 from M. Parks, Bishop Hellmuth
Community Association;
• a
communication dated July 28, 2011 and photographs of the house, from M.
Ferenc, NA Engineering Associates Inc.
|
Motion Passed
|
Motion made by Councillor B. Polhill to Approve
that, on the recommendation of the London Advisory Committee on Heritage, on
the recommendation of the Stewardship Sub-Committee, notice of the Municipal
Council’s intention to designate the property located at 5 Paddington Avenue
to be of cultural, historical and architectural value or interest BE GIVEN
for the attached reasons under the provisions of subsection 29(3) of
the Ontario Heritage Act, R.S.O., 1990, c.0.18; it being noted that the owner
of the subject property (C. & S. Mayberry) has concurred with the above
recommendation, with the understanding that the land to be included in the
designation will be as shown on the assessment roll.
|
Motion Passed
|
Motion made by B. Polhill to Approve that,
on the recommendation of the London Advisory Committee on Heritage, on the
recommendation of the Stewardship Sub-Committee, notice of the Municipal
Council’s intention to designate the property located at 719-721 Dundas
Street to be of cultural, historical and architectural value or interest BE
GIVEN for the attached reasons under the provisions of subsection
29(3) of the Ontario Heritage Act, R.S.O., 1990, c.0.18; it being noted that
the owner of the subject property (S. Langer/Unity Project for Relief of
Homelessness in London) has concurred with the above recommendation, with the
understanding that the land to be included in the designation will be as
shown on the assessment roll.
|
Motion Passed
|
Motion made by Councillor B. Polhill to
Approve that the Civic Administration BE ASKED to determine how to strengthen
the monitoring of heritage buildings to ensure that demolition by neglect
does not occur.
|
Motion Passed
|
The Chair directs that the following report
clauses be noted:
That the Built and Natural Environment
Committee reviewed and received an information report from the City Solicitor
with respect to Renewable Energy Projects.
|
|
38.
|
Veterans Memorial
Parkway Noise Study
|
|
|
|
That the Built and Natural Environment
Committee (BNEC) reviewed and received the following with respect to the
Veterans Memorial Parkway Noise Study:
(a) an information report from the
Acting Director of Roads and Transportation; and,
(b) a
communication, dated September 22, 2011, from Councillor W. J. Armstrong; it
being noted that the BNEC took no action with respect to the request.
|
That the Built and Natural Environment
reviewed and received an information report from the Director, Wastewater and
Treatment, with respect to the Thames River water quality.
|
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40.
|
6th Report of TAC
|
|
|
|
That the Built and Natural Environment
Committee reviewed and received clauses 2 to 13 of the 6th Report of the
Transportation Advisory Committee from its meeting held on September 6, 2011.
|
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41.
|
10th Report of
EEPAC
|
|
|
|
That the Built and Natural Environment
Committee reviewed and received the 10th Report of the Environmental and Ecological
Planning Advisory Committee from its meeting held on September 15, 2011.
|
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42.
|
10th Report of LACH
|
|
|
|
That the Built and Natural Environment
Committee heard a verbal presentation from J. O’Neil, Vice-Chair, London
Advisory Committee on Heritage (LACH) and reviewed and received clauses 7 to
18, inclusive, of the 10th Report of the LACH from its meeting held on
September 14, 2011. (See Report attached.)
|
|
43.
|
Disclosure of
Pecuniary Interest – Councillor Polhill
|
|
|
|
That Councillor W. J. Polhill disclosed a
pecuniary interest in clause 29 of this report having to do with the Great
Near-Campus Neighbourhoods Planning Amendments by indicating that his son is
on the Committee of Adjustment.
|
That Councillor D. Brown disclosed the
following pecuniary interests, with this report:
(a) clause
4, having to do with the access management and transportation impact
assessment guidelines, by indicating that her employer has a contract with
the London Transit Commission;
(b) clause
17, having to do with the 6th Report of the Transportation Advisory
Committee, by indicating that her employer has a contract with the London
Transit Commission;
(c) clause
23, having to do with the University of Western Ontario Student Union Late
Night Shuttle Service by indicating that her employer may bid on the
contract; and,
(d) clause
24, having to do with the application of 1209571 Ontario Limited relating to
the properties located at 485, 495, 503, 517 and 519 York Street by
indicating that her employer’s place of business is within 250 metres.
|
|
45.
|
Disclosure of
Pecuniary Interest – Councillor White
|
|
|
|
That Councillor S. White disclosed a
pecuniary interest in clause 41 of this report having to do with clause 8 of
the 10th Report of the London Advisory Committee on Heritage relating to
Beaufort Street, Irwin Street, Gunn Street and Saunby Street Neighbourhood
Planning Options, by indicating that her employer owns property and has an
office that Councillor White occasionally works out of, on Gunn Street.
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|
Built and Natural Environment Committee
Councillor Polhill presents the 24th Report
|
1.
|
1209571 Ontario
Limited – 485, 495, 503, 517 and 519 York Street
|
Motion made by Councillor B. Polhill to
Approve t
That, on the recommendation of the Director of Land Use
Planning & City Planner, the following actions be taken with respect to the
application of 1209571 Ontario Limited relating to the properties located at
485, 495, 503, 517, and 519 York Street:
(a)
the
proposed by-law attached hereto as Appendix "A" BE INTRODUCED at the Municipal Council meeting on October 3, 2011 to amend the Official Plan to
add a special policy to section 4.4.2.11 of the Official Plan – Specific
Auto-Oriented Commercial Corridors – for the lands on the south side of York
Street, between Maitland Street and William Street, to permit Service
Office uses in addition to the list of permitted uses described in section
4.4.2.4 of the Official Plan; and,
(b) the
proposed by-law attached hereto as Appendix "B" BE INTRODUCED at the Municipal Council meeting on October 3, 2011 to amend Zoning By-law No.
Z.-1 (in conformity with the Official Plan, as amended in part (a) above) to
change the zoning of the property located at 519 York Street FROM a Restricted
Service Commercial (RSC2/RSC4) Zone which permits Animal clinics,
Automobile rental establishments, Automobile repair garages, Automobile sales
and service establishments, Automobile supply stores; Automotive uses,
restricted; Bulk beverage stores, Dry cleaning and laundry depots, Liquor,
beer and wine stores, Pharmacies, Convenience stores, Day care centres,
Duplicating shops Financial institutions, Florist shops, Personal service
establishments TO a Restricted Service Commercial Special Provision
(RSC2/RSC4( )) Zone to add ‘service office’ with a maximum gross
floor area of 2000 m2 to the list of above permitted uses.
Motion Passed
2.
|
Cedar Hollow
Developments Limited & Auburn Homes Inc. – Cedarhollow Subdivision, Phase
2
|
Motion made by Councillor B. Polhill to
Approve that, on
the recommendation of the Director of Development Planning and the Managing
Director, Development Approvals Business Unit, the following actions be taken
with respect to entering into a subdivision agreement between The Corporation
of the City of London and Cedar Hollow Developments Limited and Auburn Homes
Inc. for the subdivisions of land over Part of Lots 4 through 20, both
inclusive and Part of Unnamed Roadway, Registered Plan No. 120(c), in the City
of London, County of Middlesex, situated on the south side of Fanshawe Park
Road East, east of Highbury Avenue North:
(a)
the
attached Special Provisions to be contained in a Subdivision
Agreement between The Corporation of the City of London and Cedar Hollow
Developments Limited and Auburn Homes Inc. for the Cedarhollow Subdivision,
(39T-03518) BE APPROVED;
(b)
the
Mayor and the City Clerk BE AUTHORIZED to execute this Agreement, any amending
agreements and all documents required to fulfill its conditions;
(c)
a
maximum amount of $80,000, for the park pathway and park amenities
project being constructed by the Owner on behalf of the City, as noted in
Clause (c) of the Special Provisions, noted in part (a), above, BE APPROVED as
set out in the Source of Financing Report attached hereto as
Schedule “A”; and,
(d) the
applicant BE ADVISED that the Director of Development Finance has estimated the
attached Revenues and Claims;
it being noted that
the Built and Natural Environment Committee reviewed and received the attached
communication dated September 30, 2011 from the Manager, Development Planning,
with respect to this matter.
Motion Passed
3.
|
Uplands North
Stormwater Management (SWM) Facility B2
|
Motion made by Councillor B. Polhill to
Approve that, on
the recommendation of the Director, Wastewater and Treatment, Planning,
Environmental and Engineering Services, the following action BE TAKEN with respect to the award
of a contract for the construction of the Uplands North Stormwater Management
(SWM) Facility B2 works:
(a) the
bid submitted by C.H. Excavating Ltd., in the amount of $936,576.47, including
contingency, excluding H.S.T., for the construction of the Uplands North SWM
Facility B2, BE
ACCEPTED; it being pointed out that the bid submitted by C.H. Excavating was
the lowest of seven (7) bids received and meets the City's specifications and
requirements in all areas;
(b) AECOM,
250 York Street, Suite 410, London, ON, N6A 6K2 BE INCREASED by $184,964 to
carry out the Inspection and General Construction Administration ($100,964) and
monitoring program ($84,000) for the adjacent wetland for the Uplands North SWM
Facility B2,
it being noted that this increases the original upset limit to $325,283
excluding HST, noting that this firm completed the engineering design, based upon
the Fee Guideline for Professional Engineering Services, 2006, recommended by
the Ontario Society of Professional Engineers; and in accordance with Section
15.2 (g) of the Procurement of Goods and Services Policy;
(c) the
financing for this work BE APPROVED as set out in the Sources of Financing
Report attached hereto as Appendix "A";
(d) the
Civic Administration BE AUTHORIZED to undertake all the administrative acts
that are necessary in connection with this work;
(e) the
approval given herein BE CONDITIONAL upon the Corporation receiving all lands
required for the Uplands North Stormwater Management Facility B2 from 2047790
Ontario Inc.;
(f) the
approval given herein BE CONDITIONAL upon the Corporation entering into a
formal contract with the consultant for the work; and,
(g) the
Mayor and City Clerk BE AUTHORIZED to execute any contract or other documents,
if required, to give effect to these recommendations.
Motion Passed
The Chair directs that the following report
clause be noted:
4.
|
London Taxi Association - Alternative Proposed
Taxi/Limousine Taxi By-law
|
That Councillor D.
Brown disclosed a pecuniary interest in clause 1 of this report having to do with the
application of 1209571 Ontario Limited relating to the properties located at
485, 495, 503, 517 and 519 York Street by indicating that her employer’s place
of business is within 250 metres.
Motion made by Councillor H. Usher to
Approve that the communication, dated September 2011, from the London Taxi
Association, with respect to a proposed alternative taxi/limousine by-law, BE
REFERRED to the Civic Administration for consideration with the review of the
Taxi/Limousine By-law.
|
Motion Passed
|
Motion made by Councillor H. Usher to Approve
that, on
the recommendation of the Director of Social and Community Support Services,
with the concurrence of the Executive Director of Community Services, the
following actions be taken with respect to reducing the cost of
cashing Government of Ontario cheques and simplifying access to mainstream
financial services:
(a)
the
policy issues and recommendations, outlined in the Report, dated September 27,
2011, from the Director of Social and Community Support Services, with
the concurrence of the Executive Director of Community Services, BE RECEIVED by the
Municipal Council;
(b)
the
Mayor BE REQUESTED to write a letter to the Minister of Community and Social
Services, providing this report; and:
i)
advocating
for changes within the provincial ministries to simplify and integrate the
process for accessing government identification for those on social assistance;
and,
ii)
recommending
the development of indemnity agreements between the Province and mainstream
financial service providers, similar to what other provinces and the Federal
Government have done;
(c)
the
Mayor BE REQUESTED to write a letter to the Commission for the Review of Social
Assistance, copying this report and the letter noted in (b) above, for their
consideration of these actions in their final report to the government in June
2012; it being noted that these recommendations address the Commission’s
direction to provide improved system integration and to identify areas of
federal-provincial interaction related to social assistance; and,
(d)
the
Director of Social and Community Support Services BE DIRECTED to:
i)
continue
monitoring actions being taken by the City of Toronto in their review of
contracted electronic banking services for those receiving Ontario Works;
ii)
advocate
with senior provincial social services administration for a more comprehensive
provincial review of options and actions that support simplified access to
mainstream financial services for social assistance recipients; and,
iii)
continue
internal
actions with service delivery staff and community agency partners to support
access to direct bank deposits and access to mainstream financial services,
including access to necessary identification.
Motion Passed
Motion made by Councillor H. Usher to
Approve that, notwithstanding the recommendation of the Director of Building
Controls and Chief Building Official, NO ACTION BE TAKEN AT THIS TIME with
respect to the proposed by-law to approve the demolition of the building
located at 339 Commissioners Road West; it being noted that the property
owner has agreed to comply with the demolition order.
|
Motion Passed
|
Motion made by Councillor H. Usher to
Approve that, on the recommendation of the Director of Environmental Programs
and Solid Waste, the following actions be taken with respect to requesting
expressions of interest for a partner to develop landfill gas and potentially
other biogas feedstock, utilization projects:
(a) the
Civic Administration BE AUTHORIZED to prepare a Request for Expressions of
Interest (REOI) for a partner to develop the above-noted projects with the
City of London;
(b) the
Civic Administration BE AUTHORIZED to undertake all the administrative acts
that are necessary in connection with this matter; and,
(c) the
Civic Administration BE DIRECTED to report back to the appropriate Standing
Committee on the outcome of the REOI.
|
Motion Passed
|
Motion made by Councillor H. Usher to
Approve that, on the recommendation of the Executive Director of Planning,
Environmental and Engineering Services, with the advice of the City Planner
and the Manager of Urban Forestry, the following action be taken with respect
to the Emerald Ash Borer Strategy:
(a) the
Emerald Ash Borer Strategy as outlined in the Consultant’s report, dated
September 2011, entitled “Emerald Ash Borer Strategy”, BE ADOPTED;
(b) the
implementation strategy and associated funding as shown in the following
table, BE ENDORSED IN PRINCIPLE and BE FORWARDED to the Services Review
Committee and Municipal Council for consideration as part of the 2012 Budget
process; and,
Table
1. Recommended EAB Management Strategy Program and Costs (in thousands of
dollars)
YEAR
|
Treat-ment
|
Removal (Streets and Manicured Mark Areas)
|
Removal (Wooded Park Areas)
|
Inventory and Survey (Wooded Park Areas)
|
Risk Inspect-ions (Wooded Park Areas)
|
Restoration and Rehabilitat-ion (Wooded
Park Areas)
|
Plant 2:1 (Streets and Manicur-ed Park
Areas)
|
Coordination (Admini-stration, Education)
|
TOTAL
|
2012
|
|
184
|
145
|
50
|
|
|
715
|
100
|
1194
|
2013
|
109
|
187
|
145
|
50
|
|
30
|
751
|
100
|
1372
|
2014
|
|
191
|
145
|
|
20
|
30
|
828
|
100
|
1314
|
2015
|
115
|
195
|
145
|
|
20
|
30
|
828
|
100
|
1433
|
2016
|
|
199
|
145
|
|
20
|
30
|
869
|
|
1263
|
2017
|
122
|
203
|
145
|
|
|
30
|
912
|
|
1412
|
2018
|
|
207
|
145
|
|
|
30
|
1007
|
|
1389
|
2019
|
130
|
211
|
145
|
|
|
30
|
1005
|
|
1521
|
2020
|
|
215
|
145
|
|
|
30
|
1056
|
|
1446
|
2021
|
137
|
219
|
145
|
|
|
30
|
1108
|
|
1639
|
2022
|
|
|
|
|
|
|
|
|
0
|
2023
|
146
|
|
|
|
|
|
|
|
146
|
2024
|
|
|
|
|
|
|
|
|
0
|
2025
|
155
|
|
|
|
|
|
|
|
155
|
TOTALS
|
914
|
2011
|
1450
|
100
|
60
|
270
|
9079
|
400
|
14284
|
(c) the
Civic Administration BE DIRECTED to explore potential sources of financing
and revenues for this initiative, and assess the impact should Municipal
Council advance with a 1:1 vs 3.2 vs. 2:1 planting ratio; and review this
information and the financial impacts with the Services Review Committee;
it being noted that the Community
Neighbourhoods Committee heard the attached presentation from the
Manager of Urban Forestry, with respect to this matter.
|
Motion Passed
|
Motion made by Councillor H. Usher to
Approve that, on the recommendation of the Fire Chief of the London Fire
Department, with the concurrence of the Executive Director of Community
Services, the Manager of Purchasing and Supply and the Chief Technology
Officer, the following actions be taken with respect to the Business
Intelligence Program;
(a) the
quotation submitted by Intergraph Canada Ltd, 250-7070 Mississauga Road,
Mississauga, ON, L5N 7G2, for the supply and installation of London Fire
Business Intelligence for Public Safety at their proposed price of $129,093,
HST extra, BE ACCEPTED;
(b) the
quotation submitted by Intergraph Canada Ltd, 250-7070 Mississauga Road,
Mississauga, ON, L5N 7G2, for the supply and installation of London Fire
Incident Analyst at their proposed price of $38,000, HST extra, BE ACCEPTED;
(c) the
quotation submitted by Intergraph Canada Ltd, 250-7070 Mississauga Road,
Mississauga, ON, L5N 7G2, for Phase 2 of the implementation of London Fire
Incident Analyst at their proposed price of $55,000, HST extra, BE ACCEPTED;
(d) the
financial funding for this purchase can BE ACCOMODATED within the 2011 Fire
Department Budget;
(e) the
Civic Administration BE AUTHORIZED to undertake all the administrative acts
that are necessary in connection with this purchase; and,
(f) 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.
|
Motion Passed
|
Motion made by Councillor H. Usher to
Approve that the attached communication, dated September 26, 2011,
from Councillor H. L. Usher, with respect to the recent banana hurling
incident at the John Labatt Centre, BE FORWARDED to the London Diversity and
Race Relations Advisory Committee, the London Police Services and the London
Urban Services Organization (LUSO), requesting that they provide a statement
or recommendation to the City of London indicating that such behavior in
London is not tolerated; it being noted that the Community and Neighbourhoods
Committee heard a verbal delegation from Councillor H. L. Usher, with respect
to this matter.
|
Motion Passed
|
Motion made by Councillor H. Usher to
Approve that the attached communication, dated September 26, 2011,
from Councillor H. L. Usher, with respect to the incident whereby a
transgendered individual was banned from the Trail’s End Farmers Market, BE
FORWARDED to the London Diversity and Race Relations Advisory Committee, the
London Police Services and the London Urban Services Organization (LUSO),
requesting that they provide a statement or recommendation to the City of
London indicating that such behavior in London is not tolerated; it being
noted that the Community and Neighbourhoods Committee heard a verbal
delegation from Councillor H. L. Usher, with respect to this matter..
|
Motion Passed
|
The Chair directs that the following report
clauses be noted:
That the Community and Neighbourhoods
Committee reviewed and received the 6th Report of the London Housing Advisory
Committee from its meeting held on September 14, 2011. (See Report attached.)
|
That the Community and Neighbourhoods
Committee reviewed and received the 9th Report of the London Diversity and
Race Relations Advisory Committee from its meeting held on September 15,
2011. (See Report attached.)
|
That the Community and Neighbourhoods
Committee reviewed and received an information report, dated September 27,
2011, from the Director of Social and Community Support Services, with the
concurrence of the Executive Director of Community Services, with respect to
an update on the Ontario Works caseload for May to August 2011.
|
That the Community and Neighbourhoods
Committee (CNC) reviewed and received an information report, dated September
27, 2011, from the Director of Social and Community Support Services, with
the concurrence of the Executive Director of Community Services, with respect
to the Ontario Works participant profile for July 2011; it being noted that
the CNC received revised pages 17 and 23 of the above-noted report.
|
That the Community and Neighbourhoods
Committee reviewed and received an information report, dated September 27,
2011, from the Director, of Environmental Programs and Solid Waste, with
respect to an update on the Rethink Energy London, Online Citizen Engagement
Pilot Project.
|
That the Community and Neighbourhoods
Committee reviewed and received an information report, dated September 27,
2011, from the Director, of Environmental Programs and Solid Waste, with
respect to a status update on addressing the public comments and direction
for expanding the scope of animal welfare initiatives.
|
That the Community and Neighbourhoods
Committee reviewed and received a communication, dated August 2011, from the
Ministry of Citizenship and Immigration, with respect to the June Callwood
Outstanding Achievement Award for Voluntarism in Ontario.
|
Motion made by Councillor M. Brown and
seconded by Councillor J. B. Swan that pursuant to section 17.3 of the
Council Procedure By-law, the actions of the Municipal Council taken at its
meeting of September 19, 2011, related to the adoption of clause 11 of the
21st Report of the Finance and Administration Committee, concerning the
establishment of the Investment and Economic Prosperity Committee BE
RECONSIDERED.
|
Motion Failed
|
Motion made by Councillor M. Brown to
Approve that
the following Council Members BE APPOINTED to the Investment and Economic
Prosperity Committee for the term December 1, 2011 to November 30, 2012:
Councillor
D. Brown
Councillor
M. Brown
Councillor
S. Orser
Councillor
W. J. Polhill
Councillor
J. B. Swan (Chair)
Councillor
P. Van Meerbergen
|
Motion Passed
|
Motion made by Councillor M. Brown to Approve
that the following actions be taken with respect to the Utility Services
Model:
(a) London
Hydro and Civic Administration BE DIRECTED to prepare a draft business
structure model that addresses the following:
(i) guiding
principles;
(ii) the
public interest;
(iii) labour
and employment issues;
(iv) public
engagement;
(v) governance
structure; and
(b) the
Civic Administration BE DIRECTED to submit the business structure model
outlined in (a) above, to a future Committee of the Whole meeting, prior to
the end of 2011;
it being noted that the Committee of the
Whole heard a verbal delegation and received the attached presentation
from Vinay Sharma, Chief Executive Officer, London Hydro and Pat McNally,
Executive Director, Planning, Environmental and Engineering Services with
respect to the Utility Service Model.
|
Motion made by Councillor H. Usher and
seconded by Councillor J.B. Swan to Amend clause 2 by adding the following
new parts to part (a):
“(vi) relationship
with constituents;
(vii) cost
implications including the proposed salaries of reporting heads;".
|
Motion Passed
Motion made by Councillor M. Brown and
seconded by Councillor J.B. Swan to Amend clause 2 by adding the additional
part to part (a):
“(viii) all
regulatory and process issues;”.
Motion
Passed
The motion to adopt clause 2, as amended is
put.
|
Motion Passed
Clause 2, as amended, reads as follows:
that the following actions be taken with
respect to the Utility Services Model:
(a) London
Hydro and Civic Administration BE DIRECTED to prepare a draft business
structure model that addresses the following:
(i) guiding
principles;
(ii) the
public interest;
(iii) labour
and employment issues;
(iv) public
engagement;
(v) governance
structure;
(vi) relationship
with constituents;
(vii) cost
implications including the proposed salaries of reporting heads; and
(viii) all
regulatory and process issues;
(b) the
Civic Administration BE DIRECTED to submit the business structure model
outlined in (a) above, to a future Committee of the Whole meeting, prior to
the end of 2011;
it being noted that the Committee of the
Whole heard a verbal delegation and received the attached presentation
from Vinay Sharma, Chief Executive Officer, London Hydro and Pat McNally,
Executive Director, Planning, Environmental and Engineering Services with
respect to the Utility Service Model.
|
Motion made by Councillor M. Brown to
Approve that the following actions be taken with respect to a City of London
Growth Plan:
(a) the
Civic Administration BE DIRECTED to prepare a City of London Growth Plan,
concurrent with the 2011 Official Plan Review Process, linking it with the
economic prosperity strategy and other Master Plans studies being undertaken
by the Civic Administration;
(b) the
Civic Administration BE DIRECTED to initiate discussions with surrounding
municipalities and the province, to solicit participation in the preparation
of a Southwestern Ontario Growth Plan; and
(c) prior
to initiating the project described in (b) above, the Civic Administration BE
DIRECTED to report back on the resource requirements and associated costs of
the project and to identify a source of financing to address these costs;
it being noted that the Committee of the
Whole heard a verbal delegation and received the attached presentation
from John Fleming, Director, Land Use Planning and City Planner with respect
to City of London Growth Plan.
|
Motion Passed
|
Motion made by Councillor M. Brown to
Approve That the Civic Administration BE DIRECTED to present the Growth
Management Implementation Strategy (GMIS), including key performance
indicators, at a Public Participation Meeting to be held at the October 17,
2011 Built and Natural Environment Committee Meeting;
it being noted that the Committee of the
Whole heard a verbal delegation and received the attached presentation
from David Ailles, Managing Director, Development Approvals Business Unit
with respect to the Growth Management Implementation Strategy.
|
Motion Passed
|
Motion made by Councillor M. Brown to
Approve that the following actions be taken with respect to the Southwest
Area Plan, noting that references should be to the “Greenway Pollution
Control “Plant”, as follows:
(a) the
Civic Administration BE DIRECTED to amended Policy 2.6.4.1.(iv) of the
Official Plan to:
(i) replace
references to “Southside Pollution Control Plan” with “ultimate servicing
solution”;
(ii) recognize
that interim additional wastewater capacity is available from the Greenway
Pollution Control Plant to provide for the development of additional lands in
the Southwest Area, in advance of the ultimate servicing solution;
(iii) add
a policy to identify the trigger for the additional capacity to be made
available at the Greenway Pollution Control Plant for additional development,
including a requirement that the Growth Management Implementation Strategy be
revised to reflect the additional works, and that the works also be
identified in the Development Charges update;
(b) the
Civic Administration BE DIRECTED to amend the Servicing Strategy for the
Southwest Area Plan to include the following recommended Three Phase
Servicing Strategy identified on the attached schedule entitled
“Preferred Option Overlay”:
(i) Phase 1
– Committed Servicing;
(ii) Phase 2
– Additional Capacity created at the Greenway Pollution Control Plant;
(iii) Phase
3 – Ultimate Servicing Solution/Future Development; and,
(c) the
Civic Administration BE DIRECTED to revise the Southwest Area Plan, to be
presented at a Public Participation Meeting in December 2011, to include the
following matters:
(i) the
Three Phase Servicing Strategy referred to in clause (b) above;
(ii) ongoing
landowner and public consultation;
(iii) address
and resolve outstanding Council direction (environmental issues,
Wharncliffe/Wonderland/Exeter triangle and Wonderland Gateway/extent and
amount of industrial land); and,
(iv) refine
the Preferred Land Use Plan, including the amount and form of “mixed use
development”;
it being noted that the Committee of the
Whole heard a verbal delegation and received the attached presentation
from Gregg Barrett, Manager lll, Land Use Planning and Policy with respect to
the Southwest Area Plan Update.
|
Motion Passed
|
Motion made by Councillor M. Brown to
Approve that the Civic Administration BE DIRECTED to review the
recommendations submitted by Robin Panzer with respect to the “Industrial
Strategy Update” and report back to a future Committee of the Whole with
respect to this matter;
it being noted the Committee of the Whole
heard a verbal delegation and received the attached presentation from
Rob Panzer, Consultant to the Chief Administrative Officer, with respect to
Industrial Land Strategy.
|
Motion Passed
|
The Chair directs that the following report
clauses be noted:
That the Committee of the Whole (CW)
received a communication dated September 11, 2011, from Andrew Tankus,
resigning his appointment to the Accessibility Advisory Committee. The CW
accepted the resignation with regret and asked the Mayor to forward a letter
of appreciation to Mr. Tankus.
|
That the Committee of the Whole (CW)
referred the resignation of Councillor Swan from the Middlesex-London Health
Unit to the September 23, 2011 Committee of the Whole.
|
The Committee of the Whole (CW) held a
recorded vote on the appointments to the Investment and Economic Prosperity
Committee. The motion carried, the Members voting as follows:
YEAS: Mayor Fontana, Councillors Polhill,
Swan, Orser, Henderson, Van Meerbergen, D. Brown and White. (8)
NAYS: Councillors Baechler, M. Brown, Usher
and Bryant. (4)
|
That the Committee of the Whole move in
camera to consider the following:
(a) A
matter pertaining to advice subject to solicitor-client privilege concerning
reporting relationships and the delivery of legal services; and
(b) A
matter pertaining to instructions and directions to officers and employees of
the Corporation pertaining to a potential acquisition of land; reports or
advice or recommendations of officers and employees of the Corporation
pertaining to a proposed acquisition of land; commercial and financial
information supplied in confidence pertaining to the proposed acquisition the
disclosure of which could reasonably be expected to, prejudice significantly
the competitive position or interfere significantly with the contractual or
other negotiations of the Corporation, result in similar information no
longer being supplied to the Corporation where it is in the public interest
that similar information continue to be so supplied and result in undue loss
or gain to any person, group, committee or financial institution or agency;
commercial, information relating to the proposed acquisition that belongs to
the Corporation that has monetary value or potential monetary value;
information concerning the proposed acquisition whose disclosure could
reasonably be expected to prejudice the economic interests of the
Corporation or its competitive position; information concerning the proposed
acquisition whose disclosure could reasonably be expected to be injurious to
the financial interests of the Corporation; and instructions to be applied to
any negotiations carried on or to be carried on by or on behalf of the
Corporation concerning the proposed acquisition.
The Committee of the Whole is submitting a
confidential report to the Municipal Council regarding this matter. (See
Confidential Appendix to the 28th Report of Committee of the Whole enclosed
for Council Members only.)
|
Motion made by Councillor M. Brown to
Approve that the Mayor BE REQUESTED to ask Councillor S. Orser to consider
the appointment to the London-Middlesex Health Unit for the term December 1,
2012 to November 30, 2014. The Committee of the Whole accepted Councillor
Swan’s resignation with regret.
|
Motion Passed
|
Motion made by Councillor M. Brown to
Approve that the following actions be taken with respect to the Council’s
Draft Strategic Plan:
(a) the
Council Draft Strategic Plan as presented to the Committee of the Whole at
its meeting on September 20, 2011 BE ACCEPTED IN PRINCIPLE;
(b) the
words “Imagine the Opportunities” contained in the vision statement BE
REPLACED with the words “A City of Opportunity”;
(c) the
Civic Administration BE DIRECTED to continue to refine the Draft Plan, based
on the input received from Members of Council; and
(d) the
Civic Administration BE DIRECTED to present a revised Draft Plan to the
October 4, 2011 Committee of the Whole meeting;
it being noted that the Committee of the
Whole heard a verbal delegation and received the attached presentation
from the Chief Administrative Officer with respect to the Council’s Strategic
Plan.
|
Motion Passed
|
BY-LAWS TO BE READ A FIRST, SECOND AND
THIRD TIME:
|
Motion made by Councillor P. Van Meerbergen
and seconded by Councillor S. Orser to Introduce the following Bills:
Bill
No. 398, By-law No. A.-
|
|
A by-law to confirm the proceedings of the
Council Meeting held on the 3rd day of October, 2011. (City Clerk)
|
Bill
No. 400, By-law No. A.-
|
|
A by-law to authorize and approve a Licence
Agreement between Summit Professional Baseball LLC and The Corporation of the
City of London; and to authorize the Executive Director of Community
Services, or designate, to execute the Agreement. (5/16/CNC)
|
Bill
No. 401, By-law No. A.-
|
|
A by-law to ratify, confirm and approve
various agreements between Hewlett-Packard Financial Services Canada Company
(HPFS) and The Corporation of the City of London for the leasing of computer
equipment; and to authorize the Mayor and City Clerk to execute the
agreements. (6/14/FAC)
|
Bill
No. 402, By-law No. A-39-
|
|
A by-law to amend By-law A-39 entitled, “A
by-law respecting the Civic Administration” to change the titles of “Chief
Administrative Officer” and “Deputy Chief Administrative Officer” to “City
Manager” and “Deputy City Manager”, respectively. (7/23/FAC)
|
Bill
No. 403, By-law No. C.P.-
|
|
A by-law to exempt from Part Lot Control,
lands located north of Shore Road, east of Westdel Bourne, being part of
Block 6 on Registered Plan No. 33M-429, in the City of London and County of
Middlesex. (10/16/PC-2001)
|
Bill
No. 404, By-law No. C.P.-1284(rp)-
|
|
A by-law to amend the Official Plan for the
City of London, 1989 Relating to lands located at 840 and 850 Highbury Avenue
North and 1414 and 1340 Dundas Street, and lands without municipal address
east of 850 Highbury Avenue North and bounded by the Canadian Pacific and
Canadian National Railways, in the City of London. (26/23/BNEC)
|
Bill
No. 406, By-law No. PS-111-
|
|
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.” (2/23/BNEC)
|
Bill
No. 408, By-law No. S.-
|
|
A by-law to lay out, constitute, establish
and assume certain reserves in the city of London as public highway. (As part
of Lawson Road, east of Sandbar Street; and As part of Reeves Avenue, east of
Sandbar Street) (Chief Surveyor)
|
Bill
No. 409, By-law No. Z.-1-112044
|
|
A by-law to amend By-law No. Z.-1 to rezone
an area of land located at 580 Fanshawe Park Road East. (21/23/BNEC)
|
Bill
No. 411
By-law
No. A.-6725-285
|
|
A by-law to authorize an Agreement of Purchase and Sale between
The Corporation of the City of London and Ross Holdings of London Limited,
for the disposition of property located at 1851 Pension Lane, and to
authorize the Mayor and City Clerk to execute the Agreement. (2/30/CW)
|
Bill
No. 413
By-law
No. C.P.-1284(rq)-287
|
|
A
by-law to amend the Official Plan for the City of London, 1989 relating 485,
495, 503, 517 and 519 York Street. (1/24/BNEC)
|
Bill
No. 414
By-law
No. Z.-1-112045
|
|
A by-law to amend By-law No. Z.-1 to rezone an area of land
located at 519 York Street. (1/24/BNEC)
|
Motion made by Councillor D. Brown and
seconded by Councillor P. Hubert to Approve first reading of Bill No. 398 and
Bill No.’s 400 to 414, excluding Bill No. 405 and 412.
|
Motion Passed
|
Motion made by Councillor B. Polhill and
seconded by Councillor D. Brown to Approve second reading of Bill No. 398 and
Bill No.’s 400 to 414, excluding Bill No. 405 and 412.
|
Motion Passed
|
Motion made by Councillor H.L. Usher and
seconded by Councillor P. Hubert to Approve third reading and enactment of
Bill No. 398 and Bill No.’s 400 to 414, excluding Bill No. 405 and 412.
|
Motion Passed
The following Bills are passed and enacted
as by-laws of The Corporation of the City of London:
|
Bill
No. 398, By-law No. A.-
|
|
A by-law to confirm
the proceedings of the Council Meeting held on the 3rd day of October, 2011.
(City Clerk)
|
Bill
No. 400, By-law No. A.-
|
|
A by-law to
authorize and approve a Licence Agreement between Summit Professional
Baseball LLC and The Corporation of the City of London; and to authorize the
Executive Director of Community Services, or designate, to execute the
Agreement. (5/16/CNC)
|
Bill
No. 401, By-law No. A.-
|
|
A by-law to ratify,
confirm and approve various agreements between Hewlett-Packard Financial
Services Canada Company (HPFS) and The Corporation of the City of London for
the leasing of computer equipment; and to authorize the Mayor and City Clerk
to execute the agreements. (6/14/FAC)
|
Bill
No. 402, By-law No. A-39-
|
|
A by-law to amend
By-law A-39 entitled, “A by-law respecting the Civic Administration” to
change the titles of “Chief Administrative Officer” and “Deputy Chief
Administrative Officer” to “City Manager” and “Deputy City Manager”,
respectively. (7/23/FAC)
|
Bill
No. 403, By-law No. C.P.-
|
|
A by-law to exempt
from Part Lot Control, lands located north of Shore Road, east of Westdel
Bourne, being part of Block 6 on Registered Plan No. 33M-429, in the City of
London and County of Middlesex. (10/16/PC-2001)
|
Bill
No. 404, By-law No. C.P.-1284(rp)-
|
|
A by-law to amend
the Official Plan for the City of London, 1989 Relating to lands located at
840 and 850 Highbury Avenue North and 1414 and 1340 Dundas Street, and lands
without municipal address east of 850 Highbury Avenue North and bounded by
the Canadian Pacific and Canadian National Railways, in the City of London.
(26/23/BNEC)
|
Bill
No. 406, By-law No. PS-111-
|
|
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.” (2/23/BNEC)
|
Bill
No. 408, By-law No. S.-
|
|
A by-law to lay
out, constitute, establish and assume certain reserves in the city of London
as public highway. (As part of Lawson Road, east of Sandbar Street; and As
part of Reeves Avenue, east of Sandbar Street) (Chief Surveyor)
|
Bill
No. 409, By-law No. Z.-1-112044
|
|
A by-law to amend
By-law No. Z.-1 to rezone an area of land located at 580 Fanshawe Park Road
East. (21/23/BNEC)
|
Bill
No. 411
By-law
No. A.-6725-285
|
|
A by-law to authorize an Agreement of Purchase and Sale between
The Corporation of the City of London and Ross Holdings of London Limited,
for the disposition of property located at 1851 Pension Lane, and to
authorize the Mayor and City Clerk to execute the Agreement. (2/30/CW)
|
Bill
No. 413
By-law
No. C.P.-1284(rq)-287
|
|
A
by-law to amend the Official Plan for the City of London, 1989 relating 485,
495, 503, 517 and 519 York Street. (1/24/BNEC)
|
Bill
No. 414
By-law
No. Z.-1-112045
|
|
A by-law to amend By-law No. Z.-1 to rezone an area of land
located at 519 York Street. (1/24/BNEC)
|
MOTION FOR IN CAMERA SESSION
|
a)
|
A matter pertaining
to instructions and directions to officers and employees of the Corporation
pertaining to a proposed disposition and/or 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 disposition and/or
acquisition of land; financial information supplied in confidence pertaining
to the proposed disposition and/or acquisition of land, the disclosure of
which could reasonably be expected to, prejudice significantly the
competitive position or interfere significantly with the contractual or other
negotiations of the Corporation, result in similar information no longer
being supplied to the Corporation where it is in the public interest that
similar information continue to be so supplied, and result in undue loss or
gain to any person, group, committee or financial institution or agency;
commercial information relating to the proposed disposition and/or
acquisition of land that belongs to the Corporation that has monetary value
or potential monetary value; information concerning the proposed disposition
and/or acquisition of land whose disclosure could reasonably be expected to
prejudice the economic interests of the Corporation or its competitive
position; information concerning the proposed disposition and/or acquisition
of land whose disclosure could reasonably be expected to be injurious to the
financial interests of the Corporation; and instructions to be applied to any
negotiations carried on or to be carried on by or on behalf of the
Corporation concerning the proposed disposition and/or acquisition of land.
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b)
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A matter pertaining
to 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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c)
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A matter pertaining
to instructions and directions to officers and employees of the Corporation
pertaining to a proposed acquisition or disposition of land; advice that is
subject to solicitor-client privilege, including communications necessary for
that purpose; reports or advice or recommendations of officers and employees
of the Corporation pertaining to a proposed or pending acquisition or
disposition of land; commercial and financial information supplied in
confidence pertaining to the proposed acquisition or disposition the
disclosure of which could reasonably be expected to, prejudice significantly
the competitive position or interfere significantly with the contractual or
other negotiations of the Corporation, result in similar information no
longer being supplied to the Corporation where it is in the public interest
that similar information continue to be so supplied, and result in undue loss
or gain to any person, group, committee or financial institution or agency;
commercial, information relating to the proposed acquisition or disposition
that belongs to the Corporation that has monetary value or potential monetary
value; information concerning the proposed acquisition or disposition whose
disclosure could reasonably be expected to prejudice the economic interests
of the Corporation or its competitive position; information concerning the
proposed acquisition or disposition 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 or
disposition.
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d)
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A matter pertaining
to a proposed or pending acquisition of land by the municipality related to
the proposed Business Enterprise Centre/Centre for Commercialization of
Digital Interactive Game Technology.
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e)
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A matter pertaining
to litigation commenced by Zerin Development Corporation in the Ontario
Superior Court of Justice bearing Court File No. 07-CV346265PD3 in respect of
lands municipally located at 303 Commissioners Road West; advice that is
subject to solicitor-client privilege, including communications necessary for
that purpose regarding litigation commenced by Zerin Development Corporation
in the Ontario Superior Court of Justice bearing Court File No.
07-CV346265PD3 in respect of lands municipally located at 303 Commissioners
Road West; and for the purpose of giving directions to employees of the
municipality.
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f)
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A matter pertaining
to advice subject to solicitor-client privilege concerning reporting
relationships and the delivery of legal services
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g)
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A matter pertaining to
employee matters including personal information about identifiable
individuals, including municipal employees, labour relations with respect to
employment related matters, advice or recommendations of officers and
employees of the Corporation including communications necessary for that
purpose and for the purpose of providing instructions and directions to
officers and employees of the Corporation.
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h)
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A matter pertaining
to instructions and directions to officers and employees of the Corporation
pertaining to a proposed acquisition or disposition of land; advice that is
subject to solicitor-client privilege, including communications necessary for
that purpose; reports or advice or recommendations of officers and employees
of the Corporation pertaining to a proposed or pending acquisition or
disposition of land; commercial and financial information supplied in
confidence pertaining to the proposed acquisition or disposition the
disclosure of which could reasonably be expected to, prejudice significantly
the competitive position or interfere significantly with the contractual or
other negotiations of the Corporation, result in similar information no
longer being supplied to the Corporation where it is in the public interest
that similar information continue to be so supplied, and result in undue loss
or gain to any person, group, committee or financial institution or agency;
commercial, information relating to the proposed acquisition or disposition
that belongs to the Corporation that has monetary value or potential monetary
value; information concerning the proposed acquisition or disposition whose
disclosure could reasonably be expected to prejudice the economic interests
of the Corporation or its competitive position; information concerning the
proposed acquisition or disposition 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 or
disposition.
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Motion Passed
The Council rises and goes into Committee of
the Whole, in camera, at 9:38 p.m. with all Members present except Councillors
Armstrong, Baechler and Branscombe.
At 9:58 p.m. all staff leave, except C.
Saunders, J.A. Fielding, B. Westlake-Power, V. McAlea Major, J.P. Barber and M.
Hayward.
The Committee rises and Council resumes in
regular session at 10:36 p.m.
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Committee of the Whole
Councillor P. Hubert presents the 30th
Report
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Present: Mayor J.F. Fontana, Councillors B.
Polhill, J.B. Swan, S. Orser, M. Brown, P. Hubert, D.G. Henderson, P. Van
Meerbergen, D. Brown, H.L. Usher, J.P. Bryant, S.E. White, C. Saunders (City
Clerk)
Also Present: J.A. Fielding, P. Johnson, T.
Dobbie, M. Hayward, P. McNally, V. McAlea Major, J.P. Barber, G.T. Hopcroft, T.
Johnson, J. Fleming, J. Braam and B. Warner
1.
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Property
Acquisition – Offer from Prosperity Developments Inc. – 1315 Bradley Avenue
West
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Motion made by Councillor P. Hubert to
Approve That,
on the recommendation of the Managing Director - Corporate Assets and the
Manager, Parks Planning and Design, on the advice of the Manager Realty
Services, the following actions be taken:
(a) the offer submitted by
Prosperity Developments Inc. to sell to the City land municipally known as
1315 Bradley Avenue, located on the south side of Bradley Avenue, further
described as Concession 2, Part Lot 18, Parts 2 and 3, Reference Plan
33R-17488, in the City of London, containing an area of approximately 9.44
acres (3.822 hectares), for the purpose of a woodlot acquisition, for the sum
of $52,000.00, BE ACCEPTED, subject to the following condition:
(i) the City agreeing to accept
title to the subject property subject to a storm sewer easement in favour of
the Vendor;
(b) future
additional operating costs of $3,000.00, BE APPROVED, as a first priority
commitment from available assessment growth in 2012, subject to final budget
approval;
(c) the
financing for this acquisition BE APPROVED as set out in the Source of
Financing Report attached hereto as Appendix “A”.
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Motion Passed
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2.
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Failed Municipal
Tax Sale Property – 1851 Pension Lane
|
Motion made by Councillor P. Hubert to
Approve That,
on the recommendation of the Managing Director - Corporate Assets, on the
advice of the Manager Realty Services, with respect to the property described
as Plan 155, Part Lot 6, Reference Plan 33R-7611, Part of Part 4, municipally
known as 1851 Pension Lane, the Civic Administration BE AUTHORIZED to take
the following actions in accordance with the Council approved policy for the
procedures for properties which do not sell at Municipal Tax Sales:
(a) VEST
the property described as Plan 155, Part Lot 6, Reference Plan 33R-7611, Part
of Part 4;
(b) the
subject property BE DECLARED SURPLUS; and
(c) the
offer submitted by Ross Holdings of London Limited to purchase the subject
property from the City, for the sum of $151,000.00, BE ACCEPTED.
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Motion Passed
|
Motion made by and seconded by to Approve that
pursuant to Section 17.4 of the Council Procedure By-law, leave be given for
discussion and debate and the making of a substantive motion with respect to
clauses 1 and 2 of the 30th Report of the Committee of the Whole.
1.
|
Property
Acquisition – Offer from Prosperity Developments Inc. – 1315 Bradley Avenue
West
|
Motion made by Councillor P. Hubert to
Approve That,
on the recommendation of the Managing Director - Corporate Assets and the
Manager, Parks Planning and Design, on the advice of the Manager Realty
Services, the following actions be taken:
(a) the offer submitted by
Prosperity Developments Inc. to sell to the City land municipally known as
1315 Bradley Avenue, located on the south side of Bradley Avenue, further
described as Concession 2, Part Lot 18, Parts 2 and 3, Reference Plan
33R-17488, in the City of London, containing an area of approximately 9.44
acres (3.822 hectares), for the purpose of a woodlot acquisition, for the sum
of $52,000.00, BE ACCEPTED, subject to the following condition:
(i) the City agreeing to accept
title to the subject property subject to a storm sewer easement in favour of
the Vendor;
(b) future
additional operating costs of $3,000.00, BE APPROVED, as a first priority
commitment from available assessment growth in 2012, subject to final budget
approval;
(c) the
financing for this acquisition BE APPROVED as set out in the Source of
Financing Report attached hereto as Appendix “A”.
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2.
|
Failed Municipal
Tax Sale Property – 1851 Pension Lane
|
Motion made by Councillor P. Hubert to
Approve That,
on the recommendation of the Managing Director - Corporate Assets, on the
advice of the Manager Realty Services, with respect to the property described
as Plan 155, Part Lot 6, Reference Plan 33R-7611, Part of Part 4, municipally
known as 1851 Pension Lane, the Civic Administration BE AUTHORIZED to take
the following actions in accordance with the Council approved policy for the
procedures for properties which do not sell at Municipal Tax Sales:
(a) VEST
the property described as Plan 155, Part Lot 6, Reference Plan 33R-7611, Part
of Part 4;
(b) the
subject property BE DECLARED SURPLUS; and
(c) the
offer submitted by Ross Holdings of London Limited to purchase the subject
property from the City, for the sum of $151,000.00, BE ACCEPTED.
|
Motion Passed
Motion made by Councillor Hubert to Approve
the following recommendations:
1. That, on
the recommendation of the Managing Director - Corporate Assets and the
Manager, Parks Planning and Design, on the advice of the Manager Realty
Services, the following actions be taken:
(a) the offer submitted by
Prosperity Developments Inc. to sell to the City land municipally known as
1315 Bradley Avenue, located on the south side of Bradley Avenue, further
described as Concession 2, Part Lot 18, Parts 2 and 3, Reference Plan
33R-17488, in the City of London, containing an area of approximately 9.44
acres (3.822 hectares), for the purpose of a woodlot acquisition, for the sum
of $52,000.00, BE ACCEPTED, subject to the following condition:
(i) the City agreeing to accept
title to the subject property subject to a storm sewer easement in favour of
the Vendor;
(b) future
additional operating costs of $3,000.00, BE APPROVED, as a first priority
commitment from available assessment growth in 2012, subject to final budget
approval;
(c) the
financing for this acquisition BE APPROVED as set out in the Source of
Financing Report attached hereto as Appendix “A”.
|
2. That, on
the recommendation of the Managing Director - Corporate Assets, on the advice
of the Manager Realty Services, with respect to the property described as
Plan 155, Part Lot 6, Reference Plan 33R-7611, Part of Part 4, municipally
known as 1851 Pension Lane, the Civic Administration BE AUTHORIZED to take
the following actions in accordance with the Council approved policy for the
procedures for properties which do not sell at Municipal Tax Sales:
(a) VEST
the property described as Plan 155, Part Lot 6, Reference Plan 33R-7611, Part
of Part 4;
(b) the
subject property BE DECLARED SURPLUS; and
(c) the
offer submitted by Ross Holdings of London Limited to purchase the subject
property from the City, for the sum of $151,000.00, BE ACCEPTED.
|
Motion made by Councillor P. Hubert and
seconded by Councillor J.B. Swan to Introduce the following Bills:
Bill No. 412
By-law No. A.-6726-286
|
A by-law to authorize an Agreement of Purchase and Sale between
The Corporation of the City of London and Prosperity Developments Inc., for
the acquisition of property located at 1315 Bradley Avenue West, for the
consideration of $52,000.00 and to authorize the Mayor and City Clerk to
execute the Agreement. (1/30/CW)
|
Motion made by Councillor P. Hubert and
seconded by Councillor S. Orser to Approve first reading of Bill No. 412.
|
|
Motion Passed
|
|
Motion made by P. Hubert and seconded by
Councillor D. Brown to Approve second reading of Bill No. 412.
|
|
Motion Passed
|
|
Motion made by Councillor H.L. Usher and
seconded by Councillor B. Polhill to Approve third reading and enactment of
Bill No. 412.
|
|
Motion Passed
The following is passed and enacted as a
by-law of The Corporation of the City of London:
|
|
Bill No. 412
By-law No. A.-6726-286
|
A by-law to authorize an Agreement of Purchase and Sale between
The Corporation of the City of London and Prosperity Developments Inc., for
the acquisition of property located at 1315 Bradley Avenue West, for the
consideration of $52,000.00 and to authorize the Mayor and City Clerk to
execute the Agreement. (1/30/CW)
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XIV
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ADJOURNMENT
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|
|
|
|
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Motion moved by Councillor J.P. Bryant and
seconded by Councillor P. Hubert to Adjourn.
Motion Passed
The meeting adjourned at 10:39 p.m.
______________________________________
Joe Fontana, Mayor
______________________________________
Catharine Saunders,
City Clerk