|
|
Council
MINUTES
7TH
Meeting
|
|
|
April 10 and 11,
2012
|
|
|
|
The
Council meets in Regular Session in the Council Chambers this day at 5:00 PM.
|
|
|
|
PRESENT: Mayor J.F. Fontana, B. Polhill,
W.J. Armstrong, J.B. Swan, S. Orser, J.L. Baechler, N. Branscombe, M. Brown,
P. Hubert, D.G. Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, J.P.
Bryant, S.E. White and C. Saunders (City Clerk).
ALSO PRESENT: T.L. Dobbie, J. Braam, R.L.
Fair, M. Hayward, W. Abbot, J.P. Barber, G. Belch, J. Edward, J.M. Fleming, E.
Gamble, G.T. Hopcroft, J. Kobarda, G. Kotsifas, B. Kritchker, J. Logan, S.
Maguire, V. McAlea Major, D. Mounteer, L.M. Rowe, R. Sharpe, M. Turner, B.
Warner, R. Welker and B. Westlake-Power.
|
|
At
the beginning of the Meeting all Members are present except Councillor Swan.
|
Councillor
Swan enters the meeting at 5:01 PM.
|
3.
|
At 6:40 PM His
Worship the Mayor and Members of Council welcome and recognize the following
representatives of the Students' Councils from Western University, Huron
University College, Brescia University College, King's University College, Society
of Graduate Students and Fanshawe College, as well as the community
contributions made by students attending London's post-secondary educational
institutions: Andrew Forgione, President, and Adam Fearnal, President-Elect
(University Students' Council, Western University), Giampiero De Pasquale,
President and Vivek Prabhu, President-Elect (Huron University College
Students' Council), Meagan Zettler, President and Jazmyn Jansen,
President-Elect (Brescia University College Students' Council), Barshan Quadry,
President and David Ennett, President-Elect (King's Univerity College
Students' Council), Saidur Chowdhury, President and Christopher Shirreff,
President-Elect (Society of Graduate Students, Western University) and
Veronica Barahona, President and Zach Dodge, President-Elect (Fanshawe
Student Union).
|
|
4.
|
The Municipal Council holds a moment of
silence in recognition of the passing of Eric Townsend, President, CUPE Local
107, and extends its condolences to Mr. Townsend’s family.
|
Councillor N. Branscome discloses a pecuniary
interest in clause 16 of the 11th Report of the Finance and Administrative
Services Committee, having to do with a tender for the Westminster Outdoor Pool
and Bathhouse Upgrades, by indicating that the proponent is currently doing a
construction project for her spouse’s company.
|
Motion made by Councillor P. Van Meerbergen
and seconded by Councillor B. Polhill to Approve the Minutes of the Sixth
Meeting held on March 20 and 21, 2012.
|
|
Motion Passed
YEAS: J.F. Fontana, B. Polhill, W.J.
Armstrong, J.B. Swan, S. Orser, J.L. Baechler, N. Branscombe, M. Brown, P.
Hubert, D.G. Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant,
S.E. White (15)
|
None.
|
Motion made by Councillor P. Van Meerbergen
and seconded by Councillor D. Brown to Approve that Council rise and convene
as the Approval Authority at 5:24 PM pursuant to the provisions of the Expropriations
Act, R.S.O. 1990, c. E. 26, as amended, for the purpose of considering
Communication 1 from the Managing Director – Corporate Assets, dealing with
the proposed expropriation of lands for the Southdale Road West Road Widening
Project, between Wharncliffe Road South and Wonderland Road South.
|
|
Motion Passed
YEAS: J.F. Fontana, B. Polhill, W.J.
Armstrong, J.B. Swan, S. Orser, J.L. Baechler, N. Branscombe, M. Brown, P.
Hubert, D.G. Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant,
S.E. White (15)
|
|
Motion
made by Councillor H.L. Usher and seconded by Councillor D. Brown that, on
the recommendation of the Managing Director - Corporate Assets, on the advice
of the Manager Realty Services, with respect to the expropriation of lands
for the Southdale Road West Road Widening Project between Wharncliffe Road
South and Wonderland Road South, the following actions be taken:
a)
The
Council of The Corporation of the City of London, as approving authority
pursuant to the Expropriations Act, R.S.O. 1990, c. E.26, as
amended, HEREBY APPROVES the proposed expropriation of land
on Southdale Road West, as described in Appendix “A” attached hereto, in the
City of London, County of Middlesex, it being pointed out that the reasons
for making this decision are as follows:
i)
the
subject lands are required by The Corporation of the City of London for the reconstruction
and widening of Southdale Road West between Wharncliffe Road South and
Wonderland Road South;
ii)
the
design of the road improvements will address existing and future traffic
needs and facilitate safe and efficient movement of traffic; and
iii)
the
design is in accordance with the Environmental Assessment Study for the
Southdale Road West Widening Project accepted by Council on October 26, 2009;
b) a
certificate of approval BE ISSUED in the prescribed form; and
c) it
BE NOTED that no request for a Hearing of Necessity was received from any property
owner for property that is required for the project.
|
|
Motion Passed
YEAS: J.F. Fontana, B. Polhill, W.J.
Armstrong, J.B. Swan, S. Orser, J.L. Baechler, N. Branscombe, M. Brown, P.
Hubert, D.G. Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant,
S.E. White (15)
|
|
Motion made by Councillor B. Polhill and
seconded by Councillor S. Orser to Approve that the Approval Authority
adjourn and reconvene as the Municipal Council.
|
|
Motion Passed
YEAS: J.F. Fontana, B. Polhill, W.J.
Armstrong, J.B. Swan, S. Orser, J.L. Baechler, N. Branscombe, M. Brown, P.
Hubert, D.G. Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant,
S.E. White (15)
|
The
Municipal Council reconvenes at 5:30 PM.
|
Motion
made by Councillor B. Polhill and seconded by Councillor J.B. Swan that, on
the recommendation of the Managing Director - Corporate Assets, on the advice
of the Manager Realty Services, with respect to the expropriation of lands
for the Southdale Road West Road Widening Project between Wharncliffe Road
South and Wonderland Road South, the following actions be taken:
a) The Council of The Corporation
of the City of London, as approving authority pursuant to the Expropriations
Act, R.S.O. 1990, c. E.26, as amended, HEREBY APPROVES the
proposed expropriation of land on Southdale Road West, as described in
Appendix “A” attached hereto, in the City of London, County of Middlesex, it
being pointed out that the reasons for making this decision are as follows:
i)
the
subject lands are required by The Corporation of the City of London for the
reconstruction and widening of Southdale Road West between Wharncliffe Road
South and Wonderland Road South;
ii)
the
design of the road improvements will address existing and future traffic
needs and facilitate safe and efficient movement of traffic; and
iii)
the
design is in accordance with the Environmental Assessment Study for the
Southdale Road West Widening Project accepted by Council on October 26, 2009;
b) a
certificate of approval BE ISSUED in the prescribed form; and
c) it
BE NOTED that no request for a Hearing of Necessity was received from any property
owner for property that is required for the project.
|
|
Motion Passed
YEAS: J.F. Fontana, B. Polhill, W.J.
Armstrong, J.B. Swan, S. Orser, J.L. Baechler, N. Branscombe, M. Brown, P.
Hubert, D.G. Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant,
S.E. White (15)
|
|
Motion made by Councillor B. Polhill and
seconded by Councillor P. Van Meerbergen to Approve that, on the
recommendation of the Managing Director - Corporate Assets, on the advice of
the Manager Realty Services, with respect to the approval by the Council of
The Corporation of the City of London, as approving authority of the proposed
expropriation of lands for the Southdale Road West Road Widening Project
between Wharncliffe Road South and Wonderland Road South, the following
actions be taken:
a) the
proposed expropriation by-law attached as Appendix ‘B’ BE INTRODUCED at the
Municipal Council meeting on April 10, 2012, by The Corporation of the City
of London as expropriating authority, with respect to the lands described in
Appendix ‘A’ attached hereto;
b) the
Civic Administration BE AUTHORIZED AND DIRECTED to prepare a plan or plans showing
the lands to be expropriated for registration in the appropriate registry, or
land titles office, pursuant to the Expropriations Act; and.
c) the
Civic Administration BE AUTHORIZED AND DIRECTED to execute and serve the
notice of expropriation required by the Expropriations Act and such notices
of possession that may be required to obtain possession of the expropriated
lands.
|
|
Motion Passed
YEAS: J.F. Fontana, B. Polhill, W.J.
Armstrong, J.B. Swan, S. Orser, J.L. Baechler, N. Branscombe, M. Brown, P.
Hubert, D.G. Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant,
S.E. White (15)
|
|
Motion made by Councillor D. Brown and
seconded by Councillor S. Orser to Receive the communication dated April 4,
2012 from A. Oudshoorn, M. McAlpine, B. Gibson, N. Soave, S. Levin, K.
Labonte and S. Quigley regarding Clause 23 of the 8th Report of the Planning
and Environment Committee, pertaining to Properties Located at 73, 77, 81 and
91 Southdale Road East (OZ-7943), for information.
|
|
Motion Passed
YEAS: J.F. Fontana, B. Polhill, W.J.
Armstrong, J.B. Swan, S. Orser, J.L. Baechler, N. Branscombe, M. Brown, P.
Hubert, D.G. Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant,
S.E. White (15)
|
None.
1. 9th
Report of the Planning and Environment Committee
Councillor
B. Polhill presents.
Motion made by Councillor
B. Polhill to Approve clauses 1 to 4.
No
pecuniary interests are disclosed.
|
That the following actions be taken with
respect to the 3rd and 4th Reports of the Advisory Committee on the
Environment from their meetings held on February 1, 2012 and March 7, 2012:
a) the
Civic Administration BE REQUESTED to provide the Advisory Committee on the
Environment (ACE) with continued updates with respect to the Highbury
Planning Initiative; it being noted the ACE reviewed and received the status
report and an updated report will be presented at its March meeting;
b) that clauses 2 through 5,
inclusive, of the 3rd Report of the ACE, BE RECEIVED; and,
c) that clauses 1 through 8,
inclusive, of the 4th Report of the ACE, BE RECEIVED.
|
|
That the following actions be taken with
respect to the 3rd and 4th Reports of the Environmental and Ecological
Planning Advisory Committee (EEPAC) from their meetings held on February 16,
2012 and March 15, 2012:
a) that
clauses 1 through 8, inclusive, of the 3rd Report of the EEPAC, BE RECEIVED;
and,
b) that clauses 1 through 9, inclusive,
of the 4th Report of the EEPAC, BE RECEIVED.
|
|
That, notwithstanding the recommendation of
the Director of Land Use Planning and City Planner, the request to amend the
Official Plan land use designation and Zoning By-law for lands located at
1331-1369 and 1364-1420 Hyde Park Road BE REFERRED to the April 16, 2012
Planning and Environment Committee (PEC) meeting to permit an opportunity for
the Hyde Park Community Association, the Civic Administration and the
applicant to further discuss the proposal and to report back to the PEC with
the results of the discussion. (2012-D11-04/D26-03)
|
|
The motion to Approve clauses 1 to 4 is
put.
Motion Passed
YEAS: J.F. Fontana, B. Polhill, W.J.
Armstrong, J.B. Swan, S. Orser, J.L. Baechler, N. Branscombe, M. Brown, P.
Hubert, D.G. Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant,
S.E. White (15)
|
Motion
made by Councillor B. Polhill to approve claues 5 to 10.
|
That, the decision of the Ontario Municipal
Board relating to the appeals submitted by David Langill (on behalf of W.B.H.
Somerset, London Inc.), Brad Bain (on behalf of Linda Brand), and John McNair
(on behalf of Timbercreek Asset Management Inc and Homestead Land Holdings
Ltd), relating to an application for an amendment to the Zoning By-law No.
Z.-1, which was passed by the Municipal Council, respecting properties
located at 1235, 1237, 1245, 1247, and 1253 Richmond Street, BE RECEIVED.
(2012-D11-08)
|
|
That, on the recommendation of the Director,
Land Use Planning and City Planner, the appeal to the Ontario Municipal
Board, submitted by Robert Malpass, President of the Fairmont Lawn Bowling
Club, on behalf of the Fairmont Lawn Bowling Club, relating to Official Plan
Application No. O-7668 respecting the London Psychiatric Hospital Secondary
Plan described as 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, BE
RECEIVED. (2012-D11-05)
|
|
That, on the recommendation of the Director
of Land Use Planning and City Planner, the following candidates BE APPROVED
for the positions listed below on the Urban Design Peer Review Panel:
a) Mike Barker – Landscape
Architect;
b) Gerald Gallacher – Architect;
and,
c) Michael McLean – Architect.
(2012-G03-00)
|
|
That, on the recommendation of the Senior
Planner, Development Services Planning, based on the application of Domus
Developments (London) Inc. relating to the property located at 280 Callaway
Drive, the attached proposed by-law BE INTRODUCED at the Municipal Council
meeting to be held on April 10, 2012 to amend Zoning By-law No. Z.-1, (in
conformity with the Official Plan), to change the zoning of the 280 Callaway
Drive FROM a Holding Residential R4/R6 Special Provision (h-5 h-99 h-100
R4-3/R6-5(23)) Zone TO a Residential R4/R6 Special Provision (R4-3/R6-5(23))
Zone, to remove the h-5, h-99 and h-100 holding provisions from these lands.
(2012-D11-07)
|
|
Motion Passed
YEAS: J.F. Fontana, B. Polhill, W.J.
Armstrong, J.B. Swan, S. Orser, J.L. Baechler, N. Branscombe, M. Brown, P.
Hubert, D.G. Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant,
S.E. White (15)
|
|
That, on the recommendation of the Director
of Building Controls, the report dated March 26, 2012, relating to 2011
building permit fees collected and the costs of the administration and
enforcement of the Building Code Act and regulations, BE RECEIVED; it being
noted that the Civic Administration will report to the Planning and
Environment Committee in the Spring of 2012 regarding building permit fees
and any adjustments that may be warranted. (2012-D06-00)
|
|
That, on the recommendation of the Senior
Planner, Development Services Planning, the following actions be taken with
respect to entering into a subdivision agreement between The Corporation of
the City of London and Drewlo Holdings Inc., for the subdivisions of land,
over Part of Lot 21, Registrar’s Compiled Plan No. 1028, (Geographic Township
of London), City of London, County of Middlesex, situated on the east side of
Wonderland Road North, north of Fanshawe Park Road West, municipally referred
to as 1812 Wonderland Road North:
a) the
attached, revised, Special Provisions to be contained in a Subdivision
Agreement between The Corporation of the City of London and Drewlo Holdings
Inc. for the Hickory Heights Subdivision (39T-06510) BE APPROVED;
b) the
financing for this project BE APPROVED in accordance with the “Sources of
Financing Report” provided as Appendix ‘A’ to the associated staff report,
dated March 26, 2012;
c) the
Mayor and the City Clerk BE AUTHORIZED to execute the subject Subdivision
Agreement, any amending agreements and all documents required to fulfill its
conditions; and,
d) the
financing for the project BE APPROVED in accordance with the “Estimated
Claims and Revenues Report” provided as Appendix ‘B’ to the associated staff
report, dated March 26, 2012. (2012-D26-02)
|
|
The motion to Approve clauses 5 to 10 is
put.
Motion Passed
YEAS: J.F. Fontana, B. Polhill, W.J.
Armstrong, J.B. Swan, S. Orser, J.L. Baechler, N. Branscombe, M. Brown, P.
Hubert, D.G. Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant,
S.E. White (15)
|
Motion
made by Councillor B. Polhill to Approve clauses 11 to 14.
|
That, on the recommendation of the Senior
Planner, Development Services Planning, based on the application of 2047790
Ontario Ltd (Z Group) relating to a portion of the property located at 530
Sunningdale Road East, the attached proposed by-law BE INTRODUCED at the
Municipal Council meeting to be held on April 10, 2012 to amend Zoning By-law
No. Z.-1, (in conformity with the Official Plan), to change the zoning of the
subject lands FROM a Holding Residential R1 (h.R1-2) Zone; a holding
Residential R1 (h.R1-3) Zone; and a holding R1 Special Provision (h.R1-3(7))
Zone TO a Residential R1 (R1-2) Zone; a Residential R1 (R1-3) Zone; and
Residential R1 Special Provision (R1-3(7)) Zone to remove the “h” holding
provision. (2012-D26-06)
|
|
That the following actions be taken with
respect to the 4th Report of the London Advisory Committee on Heritage from
its meeting held on March 14, 2012:
a) Stewardship Sub-Committee
meeting on February 29, 2012:
i) the
Heritage Planner BE ASKED to forward the attached Statement of Significance,
for the property located at 498 Dufferin Avenue, to the owner for signature;
ii) a
London Built Heritage Resources Evaluation BE COMPLETED for the application
submitted by Romlex International Inc. for the property located at 203
Sherwood Avenue; and,
iii) the
listed property located at 1451 Wharncliffe Road South BE EXAMINED as it is in
a state of significant deterioration;
b) the
Heritage Alteration Permit application of D. Russell, requesting permission
for alterations to the exterior doors and windows to the designated heritage
property located at 531 Colborne Street BE APPROVED; it being noted that the
Heritage Planner has reviewed the proposed changes and has advised that the
impact of such alteration on the heritage features of the property,
identified in the Reasons for Designation is negligible;
c) the
Heritage Alteration Permit application of A. Mitchell & A. Schneider,
requesting permission for a roof alteration to the designated heritage
property located at 845 Dufferin Avenue BE APPROVED; it being noted that the
Heritage Planner has reviewed the proposed changes and has advised that the
impact of such alteration on the heritage features of the property identified
in the Reasons for Designation is negligible; it being also noted that the
London Advisory Committee on Heritage heard verbal presentations from A.
Mitchell and A. Schneider, with respect to this matter;
d) the
Civic Administration BE ADVISED that the London Advisory Committee on
Heritage (LACH) supports the Downtown Heritage Conservation District Plan; it
being noted that the LACH received the Downtown London Heritage Conservation
District Plan, March 2012, and heard a verbal presentation from C. Parker,
Senior Planner, with respect to this matter;
e) 1576 Richmond Street North:
i) the
residence located at 1576 Richmond Street North BE ADDED to the Inventory of
Heritage Resources, as a Priority 1 listing;
ii) the
Heritage Planner BE ASKED to advise the property owner of the addition of the
property on the Inventory of Heritage Resources; and,
iii) the
communication, dated March 23, 2012 from M. Doornsbosch, Zelinka Priamo Ltd.
BE RECEIVED; and,
f) that clauses 6 through 18,
inclusive, BE RECEIVED;
it being noted that the Planning and
Environment Committee heard a verbal presentation from Joe O’Neil, Acting
Chair, LACH, with respect to these matters.
|
|
That the following actions be taken with
respect to the 2nd Report of the Trees and Forests Advisory Committee (TFAC)
from its meeting held on February 22, 2012:
a) Forestry Services Strategic
Review Recommendations Timetable – January, 2012:
i) the
Division Manager of Transportation and Roadside Operations BE INVITED to a
future meeting of the Trees and Forests Advisory Committee (TFAC) to provide
an update related to the current process and information system related to
the recommendations of the Forestry Services Strategic Review; and,
ii) the
Civic Administration BE REQUESTED to review the priority of item 63 of the
Forestry Services Strategic Review recommendations timetable, which states,
“Management should conduct a financial analysis to determine the adequacy of
the annual budget amount received from London Hydro”, to be accomplished as
soon as possible, recognizing there is a potential income source for the tree
programs;
it being noted
that the TFAC reviewed and received a communication, dated January 2012, and
heard a verbal delegation from I. Listar, Manager, Urban Forestry, with
respect to this matter;
b) Heritage Trees:
i) the
Civic Administration BE REQUESTED to consider the development of a Heritage
Tree Program in its 2013 Work Plan, and submit a business case, if necessary,
to the 2013 Budget to support the Work Plan;
ii) in
addition to part i) above, the Civic Administration BE REQUESTED to consider
the start of a Heritage Tree Program using simple and low cost methods with
assistance from the Trees and Forests Advisory Committee (TFAC);
iii) the
protection of heritage trees BE CONSIDERED in the current Official Plan
Review process; and,
iv) the
above-noted report BE REFERRED to the London Advisory Committee on Heritage,
for additional consideration;
it being noted that
the TFAC heard a verbal report from S. Rowland, Urban Forestry Planner, with
respect to this matter; and,
c) that clauses 3 through 6,
inclusive, BE RECEIVED;
it being noted that the Planning and
Environment Committee heard a verbal presentation from Bill Gilmore, Chair,
TFAC, with respect to these matters.
|
|
That, the following actions be taken with
respect to the site plan approval application of Ayerswood Development Corp.
relating to the property located at 940 Springbank Drive:
a) a
special public participation meeting of the Planning and Environment
Committee BE HELD on Tuesday, April 24, 2012 at 7:00 p.m.; and,
b) the Civic Administration BE
DIRECTED to provide the following:
• standard
site plan approval clauses;
• any
exceptions that have been made; and,
• at
which stage of the process the exemptions were made;
it being noted that the Planning and
Environment Committee received communications, dated February 21 and March
26, 2102, from A.R. Patton, Patton Cormier and Associates, with respect to
this matter. (2012-D25-00)
|
|
Motion made by Councillor J.L. Baechler and
seconded by Councillor J.B. Swan to Amend clause 14 by adding at the end of
part a) the words “, with the Civic Administration to make every reasonable
effort to give notice to members of the public who have spoken or made
written submissions at previous public participation meetings regarding this
matter,” and by adding a fourth bullet point in part b) to read “any other
outstanding information which has previously been requested;”.
|
|
Motion Passed
YEAS: J.F. Fontana, B. Polhill, W.J.
Armstrong, J.B. Swan, J.L. Baechler, N. Branscombe, M. Brown, P. Hubert, D.G.
Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant, S.E. White
(14)
NAYS: S. Orser (1)
|
|
The motion to Approve clauses 11 to 14, as
amended is put.
|
|
Motion Passed
YEAS: J.F. Fontana, B. Polhill, W.J.
Armstrong, J.B. Swan, S. Orser, J.L. Baechler, N. Branscombe, M. Brown, P.
Hubert, D.G. Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant,
S.E. White (15)
|
Motion
made by Councillor B. Polhill to Approve clauses 15 to 20.
|
That the communication dated February 29,
2012 from J. Sennema, Z Group, with respect to the Wickerson Heights
subdivision (33M-514) assumption status being held in abeyance BE REFERRED to
the Civic Administration for consideration. (2012-D26-06)
|
|
That, on the recommendation of the Manager,
Development Planning, the following actions be taken with respect to the site
plan approval application of the Diocese of London relating to the property
located at 806 Victoria Street:
a) the
Approval Authority BE ADVISED that there were no issues raised at the public
participation meeting of the Planning and Environment Committee with respect
to the site plan approval application for the construction of 274 crypts,
including one storage room;
b) the
Approval Authority BE ADVISED that the Municipal Council supports the
approval of the attached Site Plan, Landscape Plan and Elevations; and,
c) the
financing for the project BE APPROVED in accordance with the “Claims and
Revenues Report” provided as Schedule “A” to the associated staff report,
dated March 26, 2012. (2012-D25-00)
|
|
That, on the recommendation of the Director
of Land Use Planning and City Planner, based on the application of Khawar
Hanif relating to the property located at 844 Wonderland Road South, the
attached proposed by-law BE INTRODUCED at the Municipal Council meeting to be
held on April, 10, 2012 to amend Zoning By-law No. Z.-1, (in conformity with
the Official Plan), to change the zoning of the subject lands FROM a
Restricted Office/Convenience Commercial (RO1/CC) Zone, which permits
medical/dental offices, offices, convenience service establishments without a
drive-through facility, convenience stores without a drive-through facility,
financial institutions without a drive-through facility, and personal service
establishments without a drive-through facility TO a Restricted
Office/Convenience Commercial Special Provision (RO1/CC(__)) Zone, which
allows for the above uses and a pharmacy use without a drive through, and
which prohibits a methadone clinic and methadone dispensary use; it being
pointed out that there were no oral submissions made at the public participation
meeting held in connection with this matter. (2012-D11-04)
|
|
That, on the recommendation of the Director
of Land Use Planning and City Planner, based on the application of Angela and
Dino Ciccone relating to the property located at 681 Highbury Avenue North,
the attached proposed by-law BE INTRODUCED at the Municipal Council meeting
to be held on April 10, 2012 to amend Zoning By-law No. Z.-1, (in conformity
with the Official Plan), to change the zoning of the subject lands FROM a
Highway Service Commercial (HS) Zone, which permits animal hospitals;
automotive uses, restricted; convenience stores; duplicating shops; financial
institutions; personal service establishments; restaurants; video rental
establishments; and brewing on premises establishments TO a Highway Service
Commercial Special Provision (HS( )) Zone, to permit a retail fishing supply
and service store as an additional permitted use; it being pointed out that
there were no oral submissions made at the public participation meeting held
in connection with this matter. (2012-D11-02)
|
|
That, on the recommendation of the Director
of Land Use Planning and City Planner, based on the application of Organic
Choice Bagging Company relating to the property located at 1671 Fanshawe Park
Road West, the attached proposed by-law BE INTRODUCED at the Municipal
Council meeting to be held on April 10, 2012 to amend Zoning By-law No. Z.-1,
(in conformity with the Official Plan), to extend the existing temporary use
zone for the rear portion of the subject site, for a period of not more than
three years from the date of the passing of the by-law, for an outdoor self
storage area in conjunction with a self-storage establishment; it being noted
that the proposed outdoor self-storage area for the rear of the lands is to
be permitted in conjunction with the proposed self-storage establishment for
the front of the lands, and is all subject to site plan approval;
it being pointed out that at the public
participation meeting associated with this matter, the following individual
made an oral submission in connection therewith:
• Kristina
White, 828 Commissioners Road West – expressing support for the
recommendation. (2012-D11-06)
|
|
That, on the recommendation of the Manager,
Development Planning, the following actions be taken with respect to the site
plan approval application of 1830150 Ontario Limited relating to the property
located at 580 Fanshawe Park Road East:
a) the
Approval Authority BE ADVISED that at the public participation meeting of the
Planning and Environment Committee with respect to the site plan approval
application to permit the construction of a one-storey, 566.15 m2, multi-unit
commercial building with a drive-through, issues were raised with respect to
the safety of pedestrians walking on the sidewalk on Fanshawe Park Road East
and the potential intersection of traffic entering or exiting the two
adjacent drive-throughs;
b) the
Approval Authority BE ADVISED that the Municipal Council supports the
approval of the attached, revised, Site Plan for a one-storey, 566.15m2,
multi-unit commercial building with a drive-through; and,
c) the
financing for the project BE APPROVED in accordance with the “Claims and
Revenues Report” provided as Schedule “A” to the associated staff report,
dated March 26, 2012;
it being
pointed out that at the public participation meeting associated with this
matter, the following individuals made oral submissions in connection
therewith:
·
Ali
Soufan, York Developments, applicant – advising that he submitted a revised
plan to the Civic Administration earlier today; advising that four of the
five items that were raised have been addressed; indicating that the building
envelope reduction cannot be done; advising that a pedestrian walkway has
been added due north from the main spine; indicating that the bike rack has
been moved from the rear of the building to the front of the building;
advising that the proposed tenants have a standard template that fits their
equipment and seating; advising that he has closed the direct access onto
Fanshawe Park Road so that the current access that exists today is the only
access; and advising that there is sufficient site distance between the two
drive-throughs.
·
Charles
Scollard, #32–567 Fanshawe Park Road East, President, Condominium Corporation
– advising that he expressed the concerns of the Condominium Corporation to
the Built and Natural Environment Committee in September, 2011; advising that
they have serious safety concerns; advising that not all issues have been
addressed; advising that there are two properties adjacent to each other with
drive-throughs and both have the same peak times; advising that one line of
cars exiting one drive-through will be intersecting the line of cars from the
other drive-through; advising that in one short section, there are seven
entrances and/or exits onto Fanshawe Park Road East; advising that, even
without the proposed development, people have to go around cars that block
the sidewalk; advising that it is not unusual to be blocked several times;
enquiring as to whether or not a traffic study was ever completed for the
area; indicating that traffic is an issue; and advising that safety is the
main concern.
|
|
Motion made by Councillor N. Branscombe and
seconded by Councillor J.L. Baechler to Refer clause 20 back to the Civic
Administration to complete their review and confirm that all outstanding
concerns have been addressed.
|
|
Motion Failed
YEAS: W.J. Armstrong, J.L. Baechler, N.
Branscombe, M. Brown, P. Hubert, J.P. Bryant (6)
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 Approve clauses 15 to 20 is put.
Motion
Passed
YEAS: J.F. Fontana, B. Polhill, W.J.
Armstrong, J.B. Swan, S. Orser, M. Brown, P. Hubert, D.G. Henderson, P. Van
Meerbergen, D. Brown, H.L. Usher, J.P. Bryant, S.E. White (13)
NAYS:
J.L. Baechler, N. Branscombe. (2)
Motion
made by Councillor B. Polhill to Approve clauses 21 to 27.
|
That, on the recommendation of the
Director, Land Use Planning and City Planner, the following actions be taken
with respect to the application of United Church Council of Middlesex
Presbytery, relating to the property located at 1461 Huron Street:
a) the
attached proposed by-law BE INTRODUCED at the Municipal Council meeting to be
held on April 10, 2012, to amend Zoning By-law No. Z.-1, (in conformity with
the Official Plan), to change the zoning of the subject property FROM a
Holding Neighbourhood Facility Special Provision (h*NF (2)) Zone, which
permits a church or elementary school TO a Holding Neighbourhood Facility
Special Provision/Residential R8 Bonus (h*h-5*NF (2)/R8-4*B-( )) Zone, to
permit the above listed uses and an apartment building, with a density of 81
units/ha (25 units) and maximum height of 13 metres (3 storeys); and,
b) a
public site plan meeting be held; it being noted that the bonusing provision
would permit a density on the site of 81 units per hectare, in return for the
provision of affordable housing units, in accordance with Section 12.2.2 of
the Official Plan, and to ensure the following urban design features:
i)
site
the building in general alignment with property lines and prevailing setbacks
of adjacent buildings;
ii) provide
landscaping which:
• incorporates
a hard surface forecourt with fixed seating that defines the building’s main
entrance and corner lot location;
• integrates
stone salvaged from the demolished church;
• defines
private outdoor amenity areas with hard surfaced terraces and fence-wall
privacy screens for all at-grade residential units; and,
• minimizes
the need for extensive watering;
iii) provide
a building which:
• clearly
expresses a base, middle, and top (roof) on all elevations, predominantly
using masonry materials;
• uses
variations in massing, materials, scaling and architectural features to
identify the north façade and entrance as the front of the building and the
south façade and entrance as a service egress; and,
• employs
ample glazing to distinguish stairwell forms from the residential units and
maximize visibility for security purposes;
it being noted that site plan approval is
required and the bonus provisions of the by-law will be implemented through a
development agreement between the City and the applicant;
it being
pointed out that at the public participation meeting associated with this
matter, the following individual made an oral submission in connection
therewith:
- Reverend Doug McKenzie – expressing
support for the application.
|
|
That, on the recommendation of the
Director, Land Use Planning and City Planner, the following actions be taken
with respect to the application of Brescia University College relating to the
southwest portion of the property municipally known as 1285 Western Road, on
the lands immediately to the west of Brescia Lane, south of Ramsay Road:
a) the
attached proposed by-law BE INTRODUCED at the Municipal Council meeting to be
held on April 10, 2012, to amend the Official Plan to change the designation
of the subject lands FROM a Low Density Residential designation TO a Regional
Facility designation to permit a limited range of institutional type uses
that are directly or indirectly related to the operations of Brescia
University College;
b) the
attached proposed by-law BE INTRODUCED at the Municipal Council meeting to be
held on April 10, 2012, to amend Zoning By-law No. Z.-1, (in conformity with
the Official Plan, as amended in part a), above), to change the zoning of the
northern portion of the subject lands FROM a Residential R1 (R1-10) Zone
which permits single detached dwellings TO a Holding Regional Facility
Special Provision (h-( )•RF( )) Zone, to permit adult secondary schools;
ancillary residential and/or hostels and accommodations, together with
permitted uses in this zone; churches; commercial parking structures and/or
lots; commercial schools; community colleges; day care centres; elementary
schools; emergency care establishments; hospitals; institutional uses;
libraries; nursing homes; private schools; recreational buildings; secondary
schools; and, universities with a minimum west interior side yard depth of
6.0 metres, subject to a holding provision to ensure the orderly development
of the lands and that development takes a form compatible with the adjacent land
uses; it being noted that an agreement shall be entered into with the City of
London specifying the necessary works required for the development of the
subject lands, based on the submission of the following studies: lot grading
plan, storm water servicing plan, landscape plan, and a site plan, as well as
the requirement for sufficient securities to cover the works identified in
these plans, to be provided to the satisfaction of The City of London; and,
c) the
Site Plan Approval Authority BE REQUESTED to consider the following design
issues through the site plan process:
• vehicular
ingress and egress access limited to Brescia Lane;
• tree
preservation;
• retention
of the existing row of mature cedars on the west side of the subject lands
and enhancement by the planting of an additional row of cedars, within the
6.0 metre west interior side yard;
• appropriate
drainage patterns; and,
• full
cut-off lighting, to reduce glare to the adjacent residential properties;
it being also noted
that the Planning and Environment Committee received the following
communications with respect to this matter:
·
a
communication, dated March 20, 2012, from Professor Emeritus Arthur Jutan;
and,
·
a
communication, dated March 22, 2012, from Mardelle and Paul Bishop, 282 Ramsay
Road, et. al.;
it being
pointed out that at the public participation meeting associated with this
matter, the following individual made an oral submission in connection
therewith:
·
Sandy
Levin, 59 Longbow Road – expressing support for the application.
|
|
That, notwithstanding the recommendation of
the Director Land Use Planning and City Planner, the following actions be
taken with respect to the application of Sean Eden relating to the property
located at 73, 77, 81, and 91 Southdale Road East and 3021 and 3033 White Oak
Road:
a) the
attached proposed by-law BE INTRODUCED at the Municipal Council meeting to be
held on April 10, 2012 to amend the Official Plan FROM Auto Oriented
Commercial Corridor and Multi Family Medium Density Residential TO
Neighbourhood Commercial Node and a Neighbourhood Commercial Node Special
Policy;
b) the
attached proposed by-law BE INTRODUCED at the Municipal Council meeting to be
held on April 10, 2012 to amend Zoning By-law No. Z.-1, (in conformity with
the Official Plan, as amended in part (a), above), to change the zoning of
the subject property FROM a Residential R1 (R1-10) Zone which, permits single
detached dwellings, a Neighbourhood Facility (NF) Zone, which permits
churches and an Urban Reserve (UR4) Zone which permits existing uses TO a
Holding Neighbourhood Shopping Area Special Provision (h*h-11*h-63*h-103*NSA4
(_)) Zone, which permits retail commercial uses such as grocery stores, personal
service establishments, restaurants, financial institutions to a maximum
total gross floor area of 6000 m2 with a special provision to allow for
automobile sales and service uses along the Southdale Road East frontage to a
maximum depth of 50m and subject to holding provisions to ensure that a
development agreement be entered into with the City, appropriate access
arrangements are provided to the satisfaction of Council, implementation of
all noise attenuation and design mitigating measures as recommended in a
noise assessment report acceptable to the City, and to ensure that urban
design matters are addressed at site plan review;
c)
the
following design objectives be addressed through a site plan and development
agreement before the h-103 holding provision is lifted:
·
higher
design standard through the site plan approval process and through the
application of the Commercial Urban Design Guidelines;
·
discouragement
of large, front yard surface parking areas, and drive through locations;
·
encourage
street-oriented development;
·
introduce
a higher standard of landscaping;
·
incorporate
accessible pedestrian connections to transit facilities and to adjacent
neighbouring residential areas;
·
massing
and architecture within the node should provide for:
§ articulated facades
and rooflines;
§ accented main entry
points;
§ use of glazing and
other façade treatments along sidewalk areas;
§ weather protection
features; and,
·
street
setbacks be minimized by placing smaller, single or multi-tenant buildings
near the sidewalk and along arterial roads and increasing, as much as
possible, the street frontage of this nodal development to assist in framing
the prominent corner of Southdale Road East and White Oak Road;
d)
pursuant
to Section 34(17) of the Planning Act, as determined by the Municipal
Council, no further notice BE GIVEN in respect of the proposed by-law
as the proposed amendment was included in the description of the previous
legal notice for this application;
it being also noted that the Planning and
Environment Committee received a communication, dated March 24, 2012, from A.
Soufan, York Developments, with respect to this matter;
it being
pointed out that at the public participation meeting associated with this
matter, the following individual made an oral submission in connection
therewith:
·
Ali
Soufan, York Developments, applicant – commending staff for their work on
this matter, as he and staff have been back and forth on this application for
quite a few months; advising that the gap has been narrowed to a specific use,
rather than commercial use; advising that the property is located on the
southwest corner of Southdale Road and White Oaks Road; indicating that west
of the site is a used car dealership; indicating that the property located at
35 Southdale Road has been approved for a new Mercedes dealership; advising
that he doesn’t have a prospective client for this site and he would like to
leave some flexibility for the ultimate user; maybe a combination of auto use
and retail; expressing agreement with Mr. C. Smith on staff’s position;
indicating that he disagrees with staff trying to restrict the auto use
special provision; indicating that it makes sense to keep the auto use
relating to sales and service, but not a car wash; advising that the site
plan stage will drill down the level of detail required.
|
|
Motion made by Councillor J.P. Bryant and
seconded by Councillor N. Branscombe to Refer clause 23 to a public
participation meeting of the Planning and Environment Committee, with
appropriate notice, for the purpose of receiving public input regarding the
proposed by-laws.
|
|
Motion Passed
YEAS: W.J. Armstrong, J.B. Swan, S. Orser,
J.L. Baechler, N. Branscombe, M. Brown, P. Hubert, P. Van Meerbergen, D.
Brown, H.L. Usher, J.P. Bryant, S.E. White (12)
NAYS: J.F. Fontana, B. Polhill, D.G.
Henderson (3)
|
|
Motion made by Councillor N. Branscombe and
seconded by Councillor P. Hubert to Approve reconsideration of the referral
of clause 23.
|
|
Motion Passed
YEAS: J.F. Fontana, B. Polhill, W.J.
Armstrong, J.B. Swan, S. Orser, J.L. Baechler, N. Branscombe, M. Brown, P.
Hubert, D.G. Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant,
S.E. White (15)
|
|
Motion made by Councillor J.P. Bryant and
seconded by Councillor B. Polhill to Amend clause 23 to include a new part e)
to refer the proposed special provision to allow for automobile sales and
service uses along the Southdale Road East frontage to a maximum depth of 50m
back to the Director of Land Use Planning and City Planner to undertake the
necessary steps to hold a further public participation meeting on this
matter, with appropriate notice, with no additional application fee
being required in connection with the special provision under consideration.
|
|
Motion Passed
YEAS: J.F. Fontana, B. Polhill, W.J. Armstrong,
J.B. Swan, S. Orser, J.L. Baechler, N. Branscombe, M. Brown, P. Hubert, D.G.
Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant, S.E. White
(15)
|
|
That, on the recommendation of the
Director, Land Use Planning and City Planner, the Civic Administration BE
DIRECTED to refer the Draft Urban Design Guidelines to the following review
processes:
a) Official Plan Review;
b) Transportation Master Plan;
c) Culture Plan; and,
d) Urban Forestry Plan.
it being also noted that the Planning and
Environment Committee received a communication, dated March 2, 2012, from S.
Cornwell, London Area Planning Consultants, with respect to this matter;
it being
pointed out that at the public participation meeting associated with this
matter, the following individual made an oral submission in connection
therewith:
·
Don
McKinnon, 71 Acorn Place – expressing concern about a fatal flaw in the urban
design plan, that the people in the affected area(s) are not consulted;
indicating that people talk about wonderful ideas, such as the storage
facility on Fanshawe Park Road East; indicating that it looks lovely on
paper; advising that when you build close to the road, light from the
building becomes a problem; advising that he has talked about light pollution
before; suggesting that the person who is designing the building hasn’t seen
what they are building at night; advising that now 10 homes in the area have
been devalued; advising that no one talked to the affected property owners for
input into what the applicant was proposing; indicating that some things look
great on paper and sometimes it falls down when you see what is there;
advising that anyone that has been there and seen the results, shake their
head; advising that the last time they did this, it had media coverage;
suggesting that the flaw has to be identified; requesting that the people who
are directly involved are talked to; enquiring as to what is a consultant;
indicating that someone from 20 miles away with a laptop can be a consultant;
indicating that a consultant can be an expert, build a dam and that doesn’t
mean that it will work; requesting that a plan be put in place before
anything is done; advising that the taxpayers are the meat of the city;
suggesting that in this case, the matter has been to the Committee, the
standards set have not been met and let’s use some teeth; suggesting that
this be put in place before any consulting is commenced; and advising that if
you build a 30 foot building and fill it with light, people are going to be
affected.
|
|
That, on the recommendation of the Director
of Development Planning, the following actions be taken with respect to the
site plan approval application by Grand River Contracting Inc. relating to
the property located at 215 Fanshawe Park Road West:
a) the
Approval Authority BE ADVISED that at the public participation meeting of the
Planning and Environment Committee with respect to the site plan approval
application for the construction of a commercial medical building, issues
were raised with respect to isotopes, radiation, flooding and traffic volume;
b) the
Approval Authority BE ADVISED that the Municipal Council supports the
approval of the attached Site Plan for a commercial medical building; and,
c) the
financing for the project BE APPROVED in accordance with the “Claims and
Revenues Report” provided as Schedule “A” to the associated staff report,
dated March 26, 2012;
it being
pointed out that at the public participation meeting associated with this
matter, the following individuals made oral submissions in connection
therewith:
·
D.
Conley, applicant – expressing appreciation to L. McDougall for the thorough
presentation; advising that he has been working with staff on this
application for some months; and advising that the request for the security
gate is impractical as the doctor(s) may need to see patients after hours.
·
Chris
Callahan, 2145 Quarrier Road, on behalf of the Richmond Street-Sunningdale
Road Community Association – expressing concerns about the volume of traffic.
·
David
Grice, 24-475 McGarrell Drive – advising that his property is immediately
behind the development; indicating that he has worked at Ontario Hydro for 30
years; expressing concern with the new information being provided about
isotopes; advising that he will be meeting with the Fire Department to
determine whether or not they have the necessary instruments to deal with
radiation fuels; advising that with all the things that are happening around
the world with radiation and nuclear sites, companies are getting more
controls from their governments; advising that his main concern is that his
house is directly behind the building; advising that the ground is clay and
there are flooding issues (see attached photographs); enquiring as to
whether or not there will be increased flooding by putting up a wall;
advising that he is not asking to stop the development, just asking the
builder to be careful; advising that this is a vacant land condominium;
advising that his neighbours sump pump runs constantly; asking that when the
builder comes in that he finds the drain before he starts digging; expressing
appreciation to the staff at City Hall who have been nice to him; and asking
if the trees can be changed to a different species, possibly red maples.
·
Stephanie
Loomer, 26 Derwent Road – advising that she has met with representatives of
the Transportation Division to discuss the traffic concerns on the street and
received assistance; advising that this is still going to be a very busy
corner; indicating that the driveway of the medical building is right across
the street; expressing concern with people entering and exiting the parking
lot; advising that this will only exacerbate the situation; advising that
this is a dangerous corner and that this will only make it more complicated.
·
Councillor
M. Brown on behalf of B. Davis, Masonville Ratepayers Association – advising
that Mr. Davis provided the staff with a communication dated February 24,
2012 and that the Association’s position has not changed; enquiring about the
potential for a speed hump, changing the radius of the turn at Fanshawe Park
Road and Derwent Road or a pork chop traffic measure.
|
|
That, on the recommendation of the Director
of Land Use Planning and City Planner, based on the direction given by
Municipal Council at its meeting held on November 21, 2007 and the subsequent
Official Plan review by the City of London relating to the creation of a
Downtown Heritage Conservation District, the following actions be taken:
a) the
attached, revised, proposed by-law BE INTRODUCED at the Municipal Council
meeting to be held on April 10, 2012 to designate the Downtown Heritage
Conservation District under Part V (Section 41.(1)) of the Ontario Heritage
Act; (Secretary’s Note: the Downtown Heritage Conservation District Plan is
available for viewing in the City Clerk’s Office);
b) the
attached, revised, proposed by-law BE INTRODUCED at the Municipal Council
meeting to be held on April 10, 2012 to amend Section 13.3.5
(Implementation- Heritage Conservation District Plans), amend Section 13.3.8
(Specific Heritage Conservation Districts) of the Official Plan to identify,
add a character statement and add policies to include the Downtown Heritage
Conservation District, amend Section 19.2.2 (Guideline Documents) of the
Official Plan, to include the Downtown Heritage Conservation Plan as a
guideline document and amend Chapter 13 (Properties of Cultural Heritage
Value or Interest Policies) to add a new Figure 13-5 to guide property owners
and development activity within the boundaries of the District;
c) the
Planning staff BE DIRECTED to review the Official Plan policies and zoning
by-law regulations which apply to the Downtown to ensure they do not conflict
with the provisions of the Downtown Heritage Conservation District Plan;
d) that
Planning staff BE DIRECTED to review the possible implementation of a
Development Permit System, form based code or other approach, to address the
enhancement or retention of heritage resources;
e) the
Planning staff BE DIRECTED to continue to pursue the identification and
designation of significant heritage structures under Part IV of the Ontario
Heritage Act and apply the Heritage (HER) Zone to these structures where
appropriate;
f) the Heritage Planner BE
DIRECTED to be an active review participant in the Official Plan
amendment, zoning by-law amendment, site plan approval, minor variance and/or
building permit processes within the boundaries of the Downtown HCD;
g)
the
Urban Design Review Panel BE DIRECTED to use the heritage conservation
guidelines contained in the HCD Plan and/or Downtown Urban Design Guidelines
to review proposals within the District;
h) the
consultant’s recommendations on specific heritage features (eg. Facades,
roofs, landscaping etc.) BE REVIEWED AND BE INCORPORATED into the
proposed Downtown Design Guidelines;
i) the Heritage Conservation
District Plan BE USED during the consideration of incentive program
application review; and,
j)
that
the Municipal Council is satisfied that the notice of public participation
meeting, dated March 7, 2012, conforms with the requirements of Section
41.1.(7) of the Ontario Heritage Act and that no further notice BE
GIVEN with respect to the proposed Downtown Heritage Conservation
District;
it being noted that the Planning and
Environment Committee received a communication, dated March 23, 2012, from J.
Kennedy, President, London Development Institute, with respect to this
matter;
it being
pointed out that at the public participation meeting associated with this
matter, the following individual made an oral submission in connection
therewith:
·
Dan
Young, Stantec – introducing the other members of the team, being Mike Baker,
Sylvia Baird and Ed Vandermaarl; advising that there were two phases to the
project, with the first phase being the background study and phase two being
the preparation of the plan; advising that the original study area removed
the existing West Woodfield Heritage Conservation District, and moved the
west boundary further west to include Harris Park and Eldon House; advising
that, in the Plan, there are three heritage character statements, a number of
conservation principles, such as the intent of preserving the historic
context of downtown, the preservation of the traditional setting, and
preservation of original decoration and fittings; advising that the Plan
includes the Heritage Conservation District guidelines, including what it
means to the average person who owns land downtown.
·
Mike
Baker, Historian – advising that the District contains buildings and sites
that contribute to the significance of the downtown; indicating that, in the
past, the role of the downtown was as the cities and regions economic service
centre; advising that the downtown was developed by labourers, immigrants and
their descendants’; advising that most of owners who worked downtown lived in
what is now the West Woodfield Heritage Conservation District; advising that
it is remarkable for a city to have three districts that represent so much
history; advising that, on the maps, each colour represents a different
ranking; for example, red/blue are the most important from a heritage
assessment; significant landscape forms and elements developed within the
district marked in black; the most interesting features of landscapes are
marked in grey (which are the alleyways); noting that, in some cases, due to
demolition, some alleyways are out in the open; yellow reflects commercial
buildings; orange reflects residential buildings; industrial section in light
red and civic institutional in dark red; traffic patterns, sidewalks,
setbacks all have implications for street furniture and plantings; advising that
a large part of the Plan is made up of a matrix, with each one assigned with
designation such as heritage, non-heritage, infill; identifying that it is
mainly structures built after the development period; noting that within the
assessment there is a ranking system with definitions for each assignment;
indicating that the chart at the top is significant as it indicates how each
of the buildings in the Heritage Conservation District work in terms of
requirements for retention or replacement; noting that A’s and B’s are
buildings that have highest heritage significance, C’s and D’s are of less
concern and replacement is expected in some cases, following the Urban Design
Guidelines; advising that there are four classifications of landscape
categories, including setbacks between buildings, boulevards and buildings;
providing an example of an ‘A’ level on the screen; noting that you can see
the address, assignment, description (name of building – if one has been
found), approximate date of construction, and the character defining
elements; showing a picture of 199 Queens Avenue, which is located beside a
large church at the corner of Clarence Street; noting that none of the
buildings in picture exist today; also noting that 199 Queens Avenue is one
of the few residences still standing; advising that few features are still
retained and that Mr. Hiscox had to demolish two houses to build this house;
providing an example of a ‘B’ ranking; noting that it is one of the few
industrial structures that still exist downtown; also noting that the third
floor has been lost; however, all window shapes and all windows still exist;
and providing an example of a ‘C’ ranking where more of details have been
lost.
|
|
That, on the recommendation of the Senior
Planner, Development Planning, the following actions be taken with respect to
the application of Foxwood Developments (London) Inc., relating to the
property located at 1602 Sunningdale Road West:
a) an
amendment to the Fox Hollow Community Plan BE APPROVED at the Municipal
Council meeting to be held on April 10, 2012 to change the designation of
certain portions of lands within this plan FROM Low Density Residential TO
Multi-Family, Medium Density Residential; and FROM Multi-Family Medium
Density Residential TO Multi-Family High Density Residential; FROM Low
Density Residential TO Community Facility and TO ADD a new secondary
collector road connection to Sunningdale Road, as shown on the attached Appendix
“A”;
b) the
attached proposed by-law BE INTRODUCED at the Municipal Council meeting to be
held on April 10, 2012 to amend certain portions of the Official Plan as
follows:
• FROM
Low Density Residential TO Multi-Family, Medium Density Residential, to allow
for multiple-attached dwellings such as row houses or cluster houses;
low-rise apartment buildings; rooming and boarding houses; emergency care
facilities; converted dwellings; and small-scale nursing homes, rest homes
and homes for the aged;
• FROM
Multi-Family Medium Density Residential TO Multi-Family High Density
Residential to permit low-rise and high-rise apartment buildings; apartment
hotels; multiple-attached dwellings; emergency care facilities; nursing home;
rest homes; homes for the aged; and rooming and boarding houses; and,
• TO
amend Schedule C of the Official Plan TO ADD a secondary collector road;
c) the Approval
Authority BE ADVISED that there were no issues raised at the public
participation meeting of the Planning and Environment Committee with respect
to the the
application for draft plan of subdivision of Foxwood Developments (London)
Inc. relating to the property located at 1602 Sunningdale Road West;
d) the
Approval Authority BE ADVISED that the Municipal Council supports the
Approval Authority issuing draft approval of the proposed plan of
residential subdivision, as submitted by Foxwood
Developments (London) Inc. (File No. 39T-11503 prepared by AECOM
Engineering Inc., certified by David Bianchi, OLS, as redline revised, which
shows 18 low density residential blocks; six (6) medium density residential
blocks; one (1) high density residential block; two (2) school blocks; two
(2) park blocks; road widening blocks and various reserve blocks served by 14 new streets and
the extension of Dyer Drive, SUBJECT TO the conditions
contained in the attached, revised, Appendix "39T-11503";
e)
the
attached proposed by-law BE INTRODUCED at the Municipal Council
meeting to be held on April 10, 2012 to amend Zoning By-law No.
Z.-1, (in conformity with the Official Plan, as amended in part a), above),
to change the zoning of the subject property FROM a Urban Reserve (UR3)
Zone, which permits uses such as existing dwellings; agricultural uses
except for mushroom farms, commercial greenhouses livestock facilities and
manure storage facilities; kennels; private outdoor recreation clubs; and
riding stables as follows:
·
TO
a Holding Residential R1 (h. h-100 R1-3) Zone, to permit single detached
dwellings on lots with a minimum frontage of 10.0 metres (32.81 feet) and a
minimum lot area of 300 square metres (3,229.28 square feet), subject to
holding provisions requiring the developer to enter into a subdivision
agreement with the City and to ensure that there is water looping and a
second public access prior to the 81st building permit being issued;
·
TO
a Holding Residential R1 (h. h-100 R1-13) Zone, to permit single detached
dwellings on lots with a minimum frontage of 9.0 metres (29.53 feet) and a
minimum lot area of 270 square metres (2,906.35 square feet);
·
TO
a Holding Residential R1 Special Provision (h. h-100 R1-4( )) Zone, to permit
single detached dwellings on lots with a minimum frontage of 12.0 metres
(39.37 feet) and a minimum lot area of 360 square metres (3,875.13 square
feet), with a special provision to include a minimum main building setback of
3.0 metres and a maximum main building setback of 4.5 metres ;
·
TO
a Holding Residential R1 (h. h-100 R1-4) Zone, to permit single detached
dwellings on lots with a minimum frontage of 12.0 metres (39.37 feet) and a
minimum lot area of 360 square metres (3,875.13 square feet);
·
TO
a Holding Residential R5/Residential R6 (h. h-71 h-100 R5-6/R6-5) Zone, to
permit cluster townhouse and cluster stacked townhouse dwellings and other
forms of cluster housing (cluster townhouse and cluster stacked townhouse
dwellings at a maximum density of 50 units per hectare (20.24 units per
acre)) and a maximum height of 12.0 metres (39.37 feet); and cluster
housing which includes single detached dwellings, semi-detached dwellings,
duplex dwellings, triplex dwellings, townhouse dwellings, stacked townhouse
dwellings, apartment buildings at a maximum density of 35 units per hectare
(14.17 units per acre) and a maximum height of 12.0 metres (39.37 feet);
·
TO
a Holding Residential R5/Residential R6 (h. h-54 h-71 h-100 R5-6/R6-5) Zone,
to permit cluster townhouse and cluster stacked townhouse dwellings and other
forms of cluster housing (cluster townhouse and cluster stacked townhouse
dwellings at a maximum density of 50 units per hectare (20.24 units per acre)
and a maximum height of 12.0 metres (39.37 feet)); and cluster housing,
which includes single detached dwellings, semi-detached dwellings, duplex
dwellings, triplex dwellings, townhouse dwellings, stacked townhouse
dwellings, apartment buildings at a maximum density of 35 units per hectare
(14.17 units per acre) and a maximum height of 12.0 metres (39.37 feet);
·
TO
a Holding Residential R5/Residential R6 (h. h-53 h-54 h-100 R5-6/R6-5) Zone,
to permit the uses as listed above in the R5-6/R6-5 Zones, subject to a
holding provision to address street oriented development of the multi-family
blocks;
·
TO
a Holding Residential R5/Residential R6 (h. h-53 h-54 h-100 h-_ R5-6/R6-5)
Zone, to permit the uses as listed above in the R5-6/R6-5 Zones, subject to a
holding provision to address street oriented development of the multi-family
blocks, with a new holding provision to address the requirements for
additional lands for a roundabout at the intersection of Sunningdale Rd and
Hyde Park Road;
·
TO
a Holding Neighbourhood Facility/Residential R1 (h. h-100 NF1/R1-13) Zone, to
permit schools and other institutional uses on lots with a minimum frontage
of 30 metres (98.43 feet) and a minimum lot area of 700 square metres (7,534.98
square feet) and single detached dwellings (see R1-13 regulations above);
·
TO
a Holding Residential R6 (h. h-71 h-100 R6-1) Zone, to permit cluster single
detached housing at a maximum density of 15 units per hectare (6 units per
acre) and a maximum height of 10.5 metres (34.45 feet);
·
TO
a Holding Neighbourhood Facility/Residential R6 (h. h-71 h-100 h-108
NF1/R6-1) Zone, to permit schools and other institutional uses (see NF1
regulations above) and cluster single detached housing (see R6-1 regulations
above);
·
TO
a Holding Residential R9 (h. h-100 h-123 R9-7 H45 D150) Zone, to permit
apartment buildings, lodging house class 2, senior citizens apartment
buildings, handicapped persons apartment buildings, continuum-of-care
facilities, at a maximum density of 150 units per hectare (60.72 units per
acre) and a maximum height of 45 metres (147.6 feet); and,
·
TO
a Open Space (OS1) Zone, to permit a limited range of uses, such as
conservation lands and works, golf courses and parks;
f) the
request to amend Zoning By-law No. Z.-1 to change the zoning of a portion of
the subject property FROM an Urban Reserve (UR3) Zone TO a Residential R1 (h. h-100 R1-13)
Zone, to permit single detached dwellings on lots, with a minimum frontage of
9.0 metres (29.53 feet) and a minimum lot area of 270 square metres (2,906.35
square feet); TO a Compound Holding Residential R1/Residential
R5/ Residential R6 (R1-13/R5-6/R6-5) Zone, to permit single detached
dwellings(see regulations above); cluster townhouse and cluster stacked
townhouse dwellings at a maximum density of 50 units per hectare (20.24 units
per acre) and a maximum height of 12.0 metres (39.37 feet); and cluster
housing which includes single detached dwellings, semi-detached dwellings,
duplex dwellings, triplex dwellings, townhouse dwellings, stacked townhouse
dwellings, apartment buildings at a maximum density of 35 units per hectare
(14.17 units per acre) and a maximum height of 12.0 metres (39.37 feet); TO
a Compound Holding Residential R4/Residential R5/ Residential R6
(R4-3/R5-6/R6-5) Zone, to permit street townhouses on lots with a minimum
frontage of 5.5 metres (18 feet) and a minimum lot area of 200 square metres
(2,152.85 square feet); cluster townhouse and cluster stacked townhouse
dwellings and other forms of cluster housing (see R5-6 and R6-5 regulations
above); it being noted that in order to provide for a more appropriate lot mix, all
or portions of Blocks 3-9 should be zoned R1-3; it being also noted that it
is inappropriate to mix zones which permit conventional single detached
dwellings on freehold lots with cluster house zones as it can permit
incompatible forms of residential development; street townhouse development
on this proposed gateway collector road (Street “A” ) would not be appropriate
as it would create numerous access points to the collector street which would
impact any gateway feature proposed for this development; and, the requested
zone changes would not represent good land use planning BE REFUSED;
g) Section
4.21 of Zoning By-law No. Z.-1, entitled “Road Allowance Requirements –
Specific Roads” to add a portion of Street “A”, Street “B”, Street “G” and
Dyer Street as Secondary Collector Roads BE APPROVED; and,
h) the
attached communication, dated March 26, 2012, from G. Priamo, Zelinka
Priamo Ltd, BE REFERRED to the Civic Administration for
consideration;
it being pointed out that there were no
oral submissions made at the public participation meeting held in connection
with this matter.
|
|
Motion made by Councillor B. Polhill and
seconded by Councillor S. Orser to Amend in part e) by replacing the by-law
appended thereto with the attached revised by-law to add a proposed special
provision for the R1-4 Zone to provide for a minimum and maximum front yard
depth for the main building of 3.0 m (9.8 ft) and 4.5 m (14.8 ft),
respectively, and a front and exterior side yard depths for garages of 6.0 m
(19.7 ft); and adding to the end of part e) the words “and pursuant to
section 34(17) of the Planning Act, as determined by Municipal Council, no
further notice BE GIVEN in respect to the proposed by-law, as the proposed
changes to the by-law are the result of a minor technical error”.
|
|
Motion Passed
YEAS: J.F. Fontana, B. Polhill, W.J.
Armstrong, J.B. Swan, S. Orser, J.L. Baechler, N. Branscombe, M. Brown, P.
Hubert, D.G. Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant,
S.E. White (15)
|
The motion to
Approve clauses 21 and 22, clause 23, as amended, clauses 24 to 26 and clause
27, as amended is put.
Motion Passed
YEAS:
J.F. Fontana, B. Polhill, W.J. Armstrong, J.B. Swan, S. Orser, J.L. Baechler,
N. Branscombe, M. Brown, P. Hubert, D.G. Henderson, P. Van Meerbergen, D.
Brown, H.L. Usher, J.P. Bryant, S.E. White (15)
Motion
made by Councillor B. Polhill to Approve clauses 28 to 31.
|
That, notwithstanding the recommendation of
the Senior Planner, Development Planning, a special meeting of the Planning
and Environment Committee BE HELD on Tuesday, April 10, 2012 at 3:00 p.m.,
with respect to the application of Tricar Developments Inc. relating to the
property located at 160 Sunningdale Road West, to determine the height of the
proposed buildings; it being noted that the public site plan study BE COMPLETED
prior to the commencement on construction;
it being
pointed out that at the public participation meeting associated with this
matter, the following individual made an oral submission in connection
therewith:
·
Dan
Young, Stantec – expressing support for the staff recommendations; indicating
that the buildings were taller than anticipated as they are following the
Urban Design Guidelines; advising that the two towers are connected with a
two storey podium; indicating that there will be two levels of underground
parking, which eliminates some surface parking; advising that there is 60%
open space; indicating that there will be a green roof on the roof of the
two-storey podium; advising that the newer tower sits at a lower grade and
will be almost the same height as the current 12 storey building; and
advising that the two storey podium will be used as an amenity space.
·
Chris
Callahan, 2145 Quarrier Road – expressing appreciation for what the Committee
does; advising that he talked to the residents in the neighbourhood and
everyone is concerned with the height of the proposed buildings; advising
that that the community is working with the developer to develop something
different; advising that the community is asking for a small reduction in the
size of the building; indicating that the community is committed to working
together to resolve issues; indicating that the community is asking for a
four-storey reduction; indicating that they wish to maintain the quality of
the development; and requesting the addition of an h-5 Zone to require the
public site plan review process; and reiterating that the area residents are
committed to working with the developer.
·
Jason
Enright, 2139 Quarrier Road – expressing support of Mr. Callahan’s comments;
advising that he likes the concept of the development; expressing
appreciation that Tricar is working with the community; indicating that he
likes that the bonusing guidelines were agreed to; asking that the proposed
buildings be reduced by four storeys; and expressing a willingness to work
with Tricar.
·
Chris
Maciejowski, 1944 Callingham Court – advising that his residence faces the
twelve-storey Tricar building; advising that he didn’t anticipate the
construction of an 18-storey building; and requesting the proposed buildings
be reduced in size.
·
Kelly
Mancari, 1982 Richmond Street – enquiring as to whether or not the building
is 18-storeys or 21 storeys; enquiring as to whether or not there are trees
planned for the development; and advising that the last time that trees were
part of a development, the trees planted were 6 inches tall until the City
stepped in and the trees were replaced with 18 inch tall trees.
|
|
That, notwithstanding the recommendation of
the Senior Planner, Development Planning, the application of Kenmore Homes
(London) Inc. relating to the properties located at 255 South Carriage Road
and 1331 Hyde Park Road BE REFERRED back to the Civic Administration for
further consultation with the neighbourhood;
it being
pointed out that at the public participation meeting associated with this
matter, the following individual made an oral submission in connection
therewith:
·
R.
Knutson, on behalf of the applicant – advising that he is requesting that the
application be referred back to allow the issues to be resolved; advising
that two-thirds of the area will be undisturbed; indicating that there will
be sideyards; indicating that Lots 141-149 would have the minimum rear yard
of six metres; and advising that a public school will be built.
·
Wanda
Oatman, 21-1144 Coronation Drive – advising that there are homes that back
onto five units of the proposed development; indicating that the current
residents live on their decks; advising that, with this development, they
will be looking at a two-storey wall; indicating that they don’t have
sideyards; advising that most of the residents are in their 50’s and 60’s;
advising that they pay their taxes, are good citizens and support the local
economy; indicating that the original plan had four homes on an angle;
requesting that the applicant go back to the original plan; and advising that
they would lose all their sun with this revised application.
·
Earl
Towell, 1169 Coronation Drive – advising that he is speaking for the
residents who face onto proposed Street “A”; requesting that the lot size on
Street “A”, as its meets Coronation Drive, be increased from the proposed 12
to 15 metres wide; advising that the lot sizes on Coronation Drive are 15 to
16 metres wide; advising that they paid in the $300,000’s for their lots;
indicating that the new homes going in are selling in the $400,000’s, the 9
metre lots are selling in the $200,000’s; advising that lot size does matter
in cost; and requesting a buffer zone.
·
Stefan
Starzynski, 1555 Healy Road – advising that there are lots of children in
this subdivision; advising that they have lived in their house for six years;
indicating that there is no playground in the subdivision; advising that one
area is designated for a play area at the corner of Coronation Drive and
Healy Road; indicating that he was advised that a playground would be built;
advising that trees were removed and there is still no playground; enquiring
as to where the children are to play; advising that there are 25 more homes
being built; indicating that there were mentions of bonuses in the previous
applications; and advising that the biggest bonus for this area would be a
playground.
·
Normal
Spearing, 1144 Coronation Drive – enquiring as to how far from the fence line
the new properties would be built; advising that if the neighbours are as
close as she thinks, she could BBQ one night and her neighbor could BBQ the
next night and the could pass the food over the fence.
·
Kim,
419 Brunswick Avenue – advising that she received the letter from the City
with less than one day’s notice of the meeting; advising that Block 203 could
be for commercial uses; expressing concern as she has young children; and
advising that she has been waiting for a long time for a park.
|
|
That the communication, dated February 20,
2012, from B. Schneider and A. Mooser, 717 Griffith Street, with respect to
the Boler Mountain Ski Club parking lot BE REFERRED to the Civic
Administration for consideration. (2012-D25-00)
|
|
That the Planning and Environment Committee
(PEC) received an enquiry from Councillor W.J. Polhill with respect to Don de
Jong’s proposal for the financing of Old Victoria SWM Facility #1 and the
request of Sifton Properties Limited to move forward with the construction of
the Old Victoria SWM #2 from 2015 to 2012, in exchange for the River Bend
SWMF G construction being deferred to 2016. The Civic Administration advised
that the proposed pond would be located on an easement and that the Legal
Division is determining if the pond can be constructed on the easement; it
being noted that this matter will be discussed at the April 16, 2012 PEC
meeting.
|
|
|
|
The motion to Approve clauses 28 to 31 is
put.
|
|
Motion Passed
YEAS: J.F. Fontana, B. Polhill, W.J.
Armstrong, J.B. Swan, S. Orser, J.L. Baechler, N. Branscombe, M. Brown, P.
Hubert, D.G. Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant,
S.E. White (15)
|
Motion
made by Councillor B. Polhill to Approve clauses 1 and 2.
|
1.
|
Disclosures
of Pecuniary Interest
|
No
pecuniary interests are disclosed.
|
2.
|
Property
located at 160 Sunningdale Road West (39T-11504/OZ-7991)
|
|
That, the following actions be taken with
respect to the application of Tricar Developments Inc., relating to the
property located at 160 Sunningdale Road West:
a) the
proposed attached by-law BE INTRODUCED at the Municipal Council meeting to be
held on April 10, 2012 to amend the Official Plan to change the designation
of lands fronting Sunningdale Road FROM Multi-Family Medium Density
Residential” TO “Multi-Family High Density Residential” to permit low-rise
and high-rise apartment buildings; apartment hotels; multiple-attached
dwellings; emergency care facilities; nursing home; rest homes; homes for the
aged; and rooming and boarding houses; AND to amend Schedule C of the
Official Plan TO ADD two secondary collector roads;
b) the
Approval Authority BE ADVISED that height issues were raised at the Planning
and Environment Committee public meeting with respect to the application for
draft plan of subdivision of Tricar Developments Inc. relating to the
property located at 160 Sunningdale Road West;
c) the
Approval Authority BE ADVISED that the Municipal Council supports issuing
draft approval of the proposed plan of residential subdivision, as submitted
by Tricar Developments Inc. (File No. 39T-11504 prepared by Stantec
Consulting Inc., certified by Brian Campbell, OLS, as redline revised which
shows 101 single detached residential lots, one(1) medium density residential
block and one (1) medium/high density residential block, road widening and
reserve blocks, served by four (4) new streets and the extensions of Pelkey
Road and Callingham Drive, SUBJECT TO the conditions contained in the
attached Appendix "39T-11503";
d)
the
proposed by-law attached hereto as Appendix "B" BE
INTRODUCED at the Municipal Council meeting on April 10, 2012 to amend Zoning
By-law No. Z.-1 (in conformity with the Official Plan, as amended in part (a)
above) to change the zoning of the subject property FROM a Urban Reserve (UR3)
Zone which permits uses such as existing dwellings; agricultural uses except
for mushroom farms, commercial greenhouses livestock facilities and manure
storage facilities; kennels; private outdoor recreation clubs; and riding
stables
TO a:
·
Holding
Residential R1 (h. h-100 R1-5) Zone to permit single detached dwellings on
lots with a minimum frontage of 12.0 metres (39.37 feet) and a minimum lot
area of 415 square metres (4,467.17 square feet);
·
Holding
Residential R1 (h. h-100 R1-6) Zone to permit single detached dwellings on
lots with a minimum frontage of 15.0 metres (49.2 feet) and a minimum lot
area of 450 square metres (4844 square feet);
·
Holding
Residential R1 (h. h-94 h-100 R1-6) Zone to permit single detached dwellings
on lots with a minimum frontage of 15.0 metres (49.2 feet) and a minimum lot
area of 450 square metres (4844 square feet);
·
Holding
Residential R5/Residential R6 (h. h-53 h-100 h-108 R5-4/R6-4) Zone to permit
cluster townhouse and cluster stacked townhouse dwellings at a maximum
density of 40 units per hectare (16.2 units per acre) and a maximum height
of 12.0 metres (39.37 feet); and cluster housing which includes single
detached dwellings, semi-detached dwellings, and duplex dwellings at a
maximum density of 30 units per hectare (12.15 units per acre) and a maximum
height of 10.5 metres (34.45 feet);
·
Holding
Residential R4 (h. h-100 R4-6) Zone to permit street townhouses on lots with
a minimum frontage of 5.5 metres (18 feet) and a minimum lot area of 160
square metres (1,722.28 square feet); and a
·
Holding
Residential R9 (h. h-100 h-119 R9-7 (_) H48) Zone to permit apartment
buildings; lodging house class 2; senior citizens apartment buildings;
handicapped persons apartment buildings and continuum-of-care facilities at a
maximum density of 150 units per hectare (61 units per acre) and a maximum
height of 48 metres (157.5 feet) with a special provision for a 0.0 metre
building setback from Sunningdale Road;
e) the
h-119 holding provision BE REMOVED after a development agreement
between the applicant and the City has been entered into which is consistent
with the conceptual site plan and elevations attached as Appendix “C”
which incorporates the following Urban Design Criteria:
·
a
podium base with a substantial step back from the podium face to the face of
the building shaft;
·
the
podium base orientated to pedestrian interest along Sunningdale Road West,
consisting of high portion of glazing;
·
the
top 4 storeys of the building shaft are to step back from the easterly and
westerly elevations and the top storey will also step back from the northerly
and southerly elevations;
·
a
mixtures of glass/ window wall and other surface finishes on building shaft;
and,
·
a
roofline change in the height in the podium section between the high-rise
buildings;
f)
the
request to amend Zoning By-law No. Z.-1 to change the zoning of a portion of
the subject property FROM an Urban Reserve (UR3) Zone TO a
Residential R1 (R1-5) Zone to permit single detached dwellings on lots with a
minimum frontage of 12.0 metres (39.37 feet) and a minimum lot area of 415
square metres (4,467.17 square feet); BE REFUSED for the
following reason:
·
an
agreement has been reached between the applicant and existing residents to
the south to eliminate a portion of the R1-5 Zone and to apply a R1-6 zone
which provides for lots which are more in keeping with the lot fabric in the
existing neighbourhood;
g) Section
4.21 of Road Allowance Requirements – Specific Roads of the Z.-1 By-law BE
AMENDED to add Callingham Drive (within this plan) and Street “A” as
Secondary Collector Roads;
it being noted that the Planning and
Environment Committee received the following attached communications
with respect to this matter:
- Chris Callahan, by e-mail; and,
- Jason Enright, 2139 Quarrier Road, by
e-mail.
|
|
Motion Passed
YEAS: J.F. Fontana, B. Polhill, W.J.
Armstrong, J.B. Swan, S. Orser, J.L. Baechler, N. Branscombe, M. Brown, D.G.
Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant, S.E. White
(14)
|
|
3.
|
Heritage
Designation – 1576 Richmond Street
|
|
That, notwithstanding the recommendation of
the Director, Land Use Planning and City Planner the proposed designation of
the property located at 1576 Richmond Street BE DENIED;
it being also noted that the Planning and
Environment Committee heard a verbal presentation from A.R. Patton, Patton,
Cormier & Associates and received the attached communication,
dated April 5, 2012, from M. Doornbosch, Zelinka Priamo Ltd., with respect to
this matter.
|
Motion made by Councillor B. Polhill to
reconsider Council’s previous decision with respect to 1576 Richmond Street.
|
Motion Failed
YEAS: J.F. Fontana, B. Polhill, W.J.
Armstrong, P. Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant, S.E. White
(8)
NAYS: J.B. Swan, S. Orser, J.L. Baechler,
N. Branscombe, M. Brown, D.G. Henderson (6)
|
Motion made by Councillor N. Branscombe and
seconded by Councillor S. Orser, to Recess.
Motion Passed
The Council recesses at 7:15 PM and
reconvenes at 7:49 PM with Mayor J. Fontana in the Chair and all Members
present except Councillors P. Hubert and S.E. White.
Motion
made by Councillor M. Brown to Approve clauses 1 to 5, excluding clause 4.
|
No pecuniary interests were disclosed.
|
|
That the following actions be taken with
respect to the 2nd Report of the Accessibility Advisory Committee:
a) the
Division Manager – Parking and Traffic Signals, BE REQUESTED to report back
to the appropriate Standing Committee with respect to additional clarity as
to enforcement, signage and subdivision agreements specifically related to
accessible parking; and,
b) the
2nd Report of the Accessibility Advisory Committee, from its meeting held on
March 22, 2012, BE RECEIVED.
|
|
That the Council resolution from its
meeting held on February 21 and 22, 2012 with respect to Pest Control with
Bed Bug Focus (LMHC), BE RECEIVED.
|
|
That, on the recommendation of the Director
of Parks & Recreation and the Director of Neighbourhood and Children’s
Services, with the concurrence of the Executive Director of Community
Services, the report dated April 2, 2012 related to changes to the Spectrum
registration process and catalogue BE RECEIVED for information; it being
noted that Spectrum online will be reorganized to be more interactive, while
at the same time being user friendly and able to handle larger volumes; it being
further noted that as Spectrum users migrate to a superior online information
gathering and program registration process, less printed spectrum magazines
will be required and the cost of publication will be significantly reduced
over time.
|
|
Motion Passed
YEAS: J.F. Fontana, B. Polhill, W.J.
Armstrong, J.B. Swan, J.L. Baechler, N. Branscombe, M. Brown, D.G. Henderson,
P. Van Meerbergen, H.L. Usher, J.P. Bryant (11)
NAYS: S. Orser, D. Brown (2)
|
Motion
made by Councillor D. Henderson to Approve clause 4.
Councillor
Hubert enters the meeting at 7:52 PM.
At
7:55 PM Mayor J. Fontana places Councillor P. Hubert in the Chair and takes a
seat at the Council Board.
At
8:00 PM Mayor J. Fontana returns to the Chair and Councillor P. Hubert takes
his seat at the Council Board.
|
That, on the recommendation of the
Director, Land Use Planning and City Planner, the following actions be taken
with respect to Tender 12-45, Forks of the Thames Lookout:
a) the
bid submitted by Frank Van Bussel & Sons Ltd., P.O. Box 340, 3 Ilderbrook
Circle, Ilderton, Ontario N0M 2A0 in the amount of $462,731.06 including
contingency, excluding HST, BE ACCEPTED; it being noted that this is the
lowest bid of the five submitted, and meets all the terms, conditions and
specifications;
b) the
additional annual operating costs of $10,000, BE APPROVED as a first priority
commitment from available assessment growth in 2013, subject to final budget
approval;
c) the
Civic Administration BE AUTHORIZED to undertake all of the administrative
acts that are necessary in connection with this contract; and,
d) the
approval hereby given BE CONDITIONAL upon the Corporation entering into
formal contract or issuing purchase orders or contract record relating to
this matter.
|
|
Motion made by Councillor D.G. Henderson
and seconded by Councillor S. Orser to Amend clause 4 to add the following as
a new part b), and renumber the remaining parts of the clause accordingly:
“b) the
financing for this project BE APPROVED as set out in the Sources of Financing
Report provided as Appendix “A” to the associated staff report, dated April
2, 2012;”
|
|
Motion Passed
YEAS: J.F. Fontana, B. Polhill, W.J.
Armstrong, J.B. Swan, S. Orser, J.L. Baechler, N. Branscombe, P. Hubert, D.G.
Henderson, H.L. Usher, J.P. Bryant (11)
NAYS: M. Brown, P. Van Meerbergen, D. Brown
(3)
Councillor S.E. White enters the meeting at
8:03 PM.
|
The
motion to Approve clause 4, as amended, is put.
Motion Passed
YEAS: J.F. Fontana, B. Polhill, W.J.
Armstrong, J.B. Swan, S. Orser, J.L. Baechler, N. Branscombe, P. Hubert, D.G.
Henderson, H.L. Usher, J.P. Bryant, S.E. White (12)
NAYS: M. Brown, P. Van Meerbergen, D. Brown
(3)
Motion
made by Councillor M. Brown to Approve clauses 6 to 10.
|
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 the Homelessness Partnering Strategy with the Government of
Canada:
a) the
attached proposed by-law (Appendix A) BE INTRODUCED at the Municipal Council
meeting of April 10, 2012 to:
i) approve
the Funding Agreement between The Corporation of the City of London and Her
Majesty in Right of Canada, as represented by the Minister of Human Resources
and Skills Development, substantially in the form attached as Schedule 1 and
to the satisfaction of the City Solicitor, for the above-noted project; and,
ii) authorize
the Mayor and the City Clerk to execute the above-noted agreement; and,
iii) delegate
to the Executive Director of Community Services, or written designate, the
related signing for authorities required under Schedule B of the By-law;
b) subject
to the approval of the by-law noted in a), above, the attached proposed
by-law (Appendix B) BE INTRODUCED at the Municipal Council meeting of April
10, 2012 to:
i) approve
the template for sub-project funding agreement(s);
ii) delegate
to the Manager, Homelessness, Hostels and Special Populations, the authority
to insert details into the above-noted agreement template; and,
iii) delegate
to the Executive Director of Community Services the authority to execute the
above-noted sub-project agreements; and
c) the
Executive Director BE DIRECTED to report back at a future meeting of the
Community Services Committee with respect to the progress of the above-noted
initiative.
|
|
That, on the recommendation of the Director
of Municipal Housing, with the concurrence of the Executive Director of
Community Services, the report dated April 2, 2012, which provides an update
on the Affordable Housing Program Delivery and Fiscal Plan, BE RECEIVED.
|
|
That, on the recommendation of the Director
of Municipal Housing, with the concurrence of the Executive Director of
Community Services, and in accordance with Municipal Housing Facilities
By-Law No A.-5814-11, the attached proposed by-law BE INTRODUCED at the
Municipal Council meeting on April 10, 2012, to:
a) authorize
an amending Municipal Contribution Agreement substantially in the form of an
agreement appended to the by-law and to the satisfaction of the City
Solicitor, related to the SDI Builders Ltd. project at 164 Albert Street,
which was approved for additional funding by Municipal Council on August 31,
2009 in order to permit a first mortgage with Libro Financial Group in the
amount of $450,000; and,
b) authorize
the Mayor and the City Clerk to execute the above-noted Amending Agreement.
|
|
That, on the recommendation of the Director
of Municipal Housing, with the concurrence of the Executive Director of
Community Services, the following actions be taken with respect to the
Italian Seniors Project at 1109 Hamilton Road, which was approved by
Municipal Council on July 27, 2009:
a) Schedule
M – Project Information Form, BE AMENDED to permit a first mortgage with
First National in the amount of $2,627,310; and,
b) in
accordance with Municipal Housing Facilities By-Law No A.-5814-11, the
attached proposed by-law BE INTRODUCED at the Municipal Council meeting on
April 10, 1012, to:
i) approve
an amending Municipal Contribution Agreement substantially in the form of an
agreement appended to the by-law and to the satisfaction of the City
Solicitor; and
ii) authorize
the Mayor and the City Clerk to execute the above-noted amending Agreement.
|
|
That, on the recommendation of the Director
of Municipal Housing, with the concurrence of the Executive Director of
Community Services, the following actions be taken with respect to the Youth
Opportunities Unlimited (YOU) project at 332-338 Richmond Street, which was
approved by Municipal Council on October 22, 2007:
a) the
term of the loan BE EXTENDED for an additional fifteen (15) month period, to
reflect the fact that the affordable housing units were not available between
October 1, 2010 and February 1, 2012; and,
b) in
accordance with Municipal Housing Facilities By-Law No A.-5814-11, the
attached proposed by-law BE INTRODUCED at the Municipal Council meeting on
April 10, 2012, to:
i) authorize
an amending Municipal Contribution Agreement substantially in the form of an
agreement appended to the by-law and to the satisfaction of the City
Solicitor; and
ii) authorize
the Mayor and the City Clerk to execute the above-noted Amending Agreement.
|
Motion Passed
YEAS: J.F. Fontana, B. Polhill, W.J.
Armstrong, J.B. Swan, S. Orser, J.L. Baechler, N. Branscombe, M. Brown, P.
Hubert, D.G. Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant,
S.E. White (15)
Motion
made by Councillor M. Brown to Approve clauses 11 to 15.
|
That the Civic Administration BE REQUESTED
to provide a progress report to the Community Services Committee (CSC) with
respect to the Community-University Research Alliance (CURA2) project,
related to psychiatric survivors, poverty and social inclusion; it being
noted that the CSC received the attached presentation from Dr. C. Forchuk,
UWO and B. Edwards, MEd, with respect to this matter.
|
|
That, on the recommendation of the Director
of Municipal Housing, with the concurrence of the Executive Director of Community
Services, the following changes to the current Convert-to-Rent/Rehabilitation
Program BE APPROVED:
a) financial
assistance be increased to up to $48,000 per unit, to a maximum of seven (7)
units or a maximum $336,000 per property, within the previously-approved
geographic areas in the City of London; it being noted that exceptions to
these geographic areas will continue to be reviewed, on a case-by-case basis,
for specific properties outside the program area that meet all other
criteria; and,
b) the maximum funding allocated
under this program be limited to $520,000 per year.
|
|
That, on the recommendation of the Director
of Municipal Housing, with the concurrence of the Executive Director of
Community Services, the following actions be taken with respect to a
Municipal Housing Supplement Program:
a) the
above-noted Program BE CREATED, as outlined in the associated report dated
April 2, 2012 from the Director of Municipal Housing; it being noted that the
Program intent is to provide a fixed subsidy to eligible selected landlords
to reduce the effective market rent of rental units in order to meet the
affordability needs of prospective or existing eligible tenants; it being
further noted that the Program details address the identified priority
populations and needs outlined within the London Community Housing Strategy;
b) the
Director of Municipal Housing BE DIRECTED to report back on the details and
outcomes of this initiative as part of the annual London Community Housing
Strategy Update report;
c) the
Director of Municipal Housing BE REQUIRED report back to the Community
Services Committee with respect to the approval of individual landlord
agreements; and,
d) the
allocation for the Municipal Housing Supplement BE APPROVED in accordance
with the Council-approved Program Delivery and Fiscal Plan, with funding
through the Affordable Housing Reserve Fund.
|
|
That, on the recommendation of the Director
of Municipal Housing, with the concurrence of the Executive Director of
Community Services, the following actions be taken with respect to the
Affordable Housing Capital Reserve Fund Policy:
a) following
revisions to the Affordable Housing Capital Reserve Fund Policy BE APPROVED:
i) Section
1, Purpose and Objectives: Add operating funding;
ii) Section
2, Eligibility Criteria: Add landlords from existing private sector rental
units;
iii) Section
4, Eligible Costs: Add a housing supplement as an eligible cost:
iv) Section
5, Assistance Levels: up to $200 per unit in housing supplement to eligible
landlords;
v) Section
6, Affordability Criteria: Target unit types for the Housing Supplement
Program according to the London Community Housing Strategy;
vi) Section
7, Project Selection Process: Add EOI process; also include in-situ units;
vii) Section
7, Project Selection Process: Update composition of evaluation committee; and
viii) Title:
Remove the word capital and rename to the Affordable Housing Reserve Fund
Policy; and,
b) the
attached, revised, proposed by-law BE INTRODUCED at the Municipal Council
meeting on April 10, 2012, to amend the Affordable Housing Reserve Fund
By-Law to reflect the revisions in a), above.
|
|
That the following actions be taken with
respect to the 2nd Report of the London Housing Advisory Committee, from its
meeting held on March 21, 2012:
a) the
following actions be taken as a result of the general discussion of the
London Housing Advisory Committee (LHAC), related to the review of the
2010/2011 Housing Mediation Services Annual Report:
i) the
Civic Administration BE INVITED to attend a future meeting of the LHAC to
provide an overview of housing and zoning matters related to the Official
Plan review currently being undertaken; and,
ii) the
2013 contribution to the Affordable Housing Reserve BE ESTABLISHED at $2M; it
being noted this amount was reduced to $1M in 2012;
it being noted that
the LHAC received a verbal update from G. Matthews, Housing Mediation
Officer, University of Western Ontario, with respect to this matter.
(Secretary’s Note:
copies of the above-noted report are available for viewing in the City
Clerk’s Office.); and
b) clauses 2 to 5, inclusive, BE
RECEIVED.
|
|
Motion Passed
YEAS: J.F. Fontana, B. Polhill, W.J.
Armstrong, J.B. Swan, S. Orser, N. Branscombe, M. Brown, P. Hubert, D.G.
Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant, S.E. White
(14)
NAYS: J.L. Baechler (1)
|
Motion
made by Councilor P. Hubert to approve clauses 1 to 7.
|
Councillor Branscombe disclosed a pecuniary
interest in clause 16 of this Report having to do with the Westminster
Outdoor Pool and Bathhouse Upgrades by indicating that the subject contractor
is doing work on her husband’s building.
|
|
That, on the recommendation of the City
Treasurer, Chief Financial Officer the report dated March 26, 2012 regarding
2011 compliance in accordance with the Procurement of Goods and Services
Policy BE RECEIVED for information.
|
|
That, on the recommendation of the City
Treasurer, Chief Financial Officer, the report dated March 26, 2012 regarding
additional details with respect to the Mayor’s 2011 expenses BE RECEIVED for
information.
|
|
That, on the recommendation of the City
Treasurer, Chief Financial Officer, the Civic Administration BE DIRECTED to
take the following actions with respect to property located on the south side
of Exeter Road, west of Wellington Road, consisting of an area of 17 hectares
subdivided into 34 roll numbers, known as Shamrock Subdivision (Plan
33M-272), and 595 Exeter Road, which currently has two (2) existing
commercial buildings located on the premises:
a) not
proceed with a third tax sale or vest the subject lands after any such tax
sale at this time; and
b)
execute
an agreement substantially in the form attached as Appendix A, and to the
satisfaction of the City Solicitor.
|
|
Motion made by Councillor P. Hubert and
seconded by Councillor D. Brown to amend clause 4 to read as follows:
That, on the recommendation of the City
Treasurer, Chief Financial Officer, the following actions be taken with
respect to property located on the south side of Exeter Road, west of Wellington
Road, consisting of an area of 17 hectares subdivided into 34 roll numbers,
known as Shamrock Subdivision (Plan 33M-272), and 595 Exeter Road, which
currently has two (2) existing commercial buildings located on the premises:
a) NO
ACTION BE TAKEN to proceed with a third tax sale or vest the subject
lands after any such tax sale at this time; and
b) the
attached proposed by-law (Appendix “A”) BE INTRODUCED at the
Municipal Council meeting on April 10, 2012 to approve an agreement substantially
in the form attached as Schedule 1 to the by-law and to the
satisfaction of the City Solicitor, and to authorize the Mayor and the City
Clerk to execute the Agreement.
|
|
Motion made by Councillor B. Polhill and
seconded by Councillor P. Van Meerbergen that clause 4 be referred back to
staff to discuss options, based upon potential interest in the site.
|
|
Motion made by Councillor D. Brown and
seconded by Councillor S.E. White to Postpone consideration of clause 4 until
after closed session in order to receive legal advice.
|
|
Motion Passed
YEAS: J.F. Fontana, B. Polhill, W.J.
Armstrong, J.B. Swan, S. Orser, J.L. Baechler, N. Branscombe, M. Brown, P.
Hubert, D.G. Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant,
S.E. White (15)
|
At
8:33 PM His Worship the Mayor places Councillor P. Hubert in the Chair and
takes a seat at the Council Board.
At
8:37 PM His Worship the Mayor returns to the Chair and Councillor P. Hubert
takes his seat at the Council Board.
At
9:14 PM His Worship the Mayor places Councillor P. Hubert in the Chair and
takes a seat at the Council Board.
At
9:17 PM His Worship the Mayor returns to the Chair and Councillor P. Hubert
takes his seat at the Council Board.
|
That, on the recommendation of the City
Treasurer, Chief Financial Officer, with the concurrence of the City Clerk,
the following actions be taken with respect to travel and business expenses
as well as the Council Members’ Expense Account:
a) the
attached revised proposed by-law (Appendix “B”) BE INTRODUCED at the
Municipal Council meeting on April 10, 2012 to repeal and replace Council
Policy 28(2) entitled “Council Members’ Expense Account” with a new policy;
and,
b) the
attached proposed by-law (Appendix “A”) BE INTRODUCED at the Municipal
Council meeting on April 10, 2012 to repeal and replace Council Policy 28(1)
entitled “Travel & Expenses Policy” with a new policy entitled “Travel
& Business Expense Policy”.
|
|
Motion made by Councillor S. Orser and
seconded by Councillor D.G. Henderson to Amend part (c)(viii) by deleting the
part, and replacing with a separate policy allowing individual Councillors to
receive a monthly car allowance allocation in the amount of 50% of the Head
of Council's monthly allocation, that is separate from the Members' expense
account.
|
|
Motion Failed
YEAS: J.F. Fontana, B. Polhill, W.J.
Armstrong, S. Orser, D.G. Henderson (5)
NAYS: J.B. Swan, J.L. Baechler, N.
Branscombe, M. Brown, P. Hubert, P. Van Meerbergen, D. Brown, H.L. Usher,
J.P. Bryant, S.E. White (10)
|
|
That, on the recommendation of the City
Treasurer, Chief Financial Officer, the 2011 Capital Budget Status - Fourth
Quarter Report BE RECEIVED for information.
|
|
That, on the recommendation of the City
Treasurer, Chief Financial Officer, the following actions be taken with
respect to the 2011 Operating Budget Status – 4th Quarter Report for the
General (Property Tax Supported), Water and Wastewater Budgets:
a) the
Status Report BE RECEIVED for information; it being noted that the 2011
corporate operating savings resulted from:
i) a
$5.9 million in net savings realized from the General (Property Tax
Supported) budget as identified by Civic Departments, Boards and Commissions;
it being noted that the year-end savings is $1.3 million higher than what was
projected in the 2011 Operating Budget Status - 3rd Quarter Report. The $5.9
million operating surplus was contributed to the Operating Budget Contingency
Reserve, consistent with Council resolution;
ii) a
$0.8 million deficit in the Water rate supported budget was realized
primarily as a result of lower than anticipated water consumption. This year
end deficit is $ 0.7 million greater than the $0.1 million deficit reported
in the 2011 Operating Budget Status – 3rd Quarter Report. The $0.8 million
operating deficit was offset by a revenue draw from the Water Capital Reserve
Fund, consistent with Council resolution. As a result of this draw, the 2012
to 2021 water capital budget and plan will be amended; and
iii) a
$0.1 million deficit in the Wastewater rate supported budget primarily as a
result of higher than anticipated operational expenditures in Sewer
Operations. The realized year end deficit is an approximate $1.1 million
change from the projected $1.0 million surplus reported in the in 2011
Operating Budget Status – 3rd Quarter Report. The $0.1 million operating
deficit was offset by draw down from the Wastewater Rate Stabilization
Reserve, consistent with Council resolution.
b) the
Civic Administration BE AUTHORIZED to draw down from the Operating Budget
Contingency Reserve $ 5.9 million as follows:
i) $
4.6 million to contribute to the Economic Development Reserve Fund in order
to provide a funding source for investments in community initiatives as
outlined as part of the City of London’s Investment and Economic Prosperity
Plan;
ii) $
1.0 million to be contributed to a Technology Services Reserve Fund to
provide for a source of funding in order to invest in information technology
as set out in the City of London Information Technology Strategy that was
received by Municipal Council back in January;
iii) $
0.3 million be allocated back to the London & Middlesex Housing
Corporation (LMHC) recognizing that during 2012 budget deliberations, LMHC
reduced their 2012 budget request from the City of London provided that they
could utilize prior year savings; and
iv) $5,854
be allocated to the London Advisory Committee on Heritage (LACH) and $1,000
be allocated to the Trees and Forests Advisory Committee (TFAC) in 2012 based
on requests received and approved by Council for one-time funding initiatives.
c) the
Civic Administration’s contribution of $1,406,803 ($1,272,784 – property tax
supported; $117,364 – wastewater; and $16,655 – water) to the Efficiency,
Effectiveness, and Economy reserves in 2011 BE NOTED;
it being understood that the above amounts
are subject to the year-end Financial Statement audit and adjustments related
to the accounting for Tangible Capital Assets (PSAB 3150).
|
|
Motion made by Councillor N. Branscombe and
seconded by Councillor J.L. Baechler to Amend clause 7 b)i) – to indicate
that of the $4.6 million, $2.3 million would go to debt reduction and $2.3
million would go to the Economic Development Reserve Fund
|
|
Motion Failed
YEAS: W.J. Armstrong, J.L. Baechler, N.
Branscombe, J.P. Bryant (4)
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, S.E. White (11)
|
|
Motion made by Councillor H.L. Usher and
seconded by Councillor D.G. Henderson to Amend clause 7 b)i) - to allocate $1
million to the Affordable Housing Reserve Fund; with the remaining $3.6
million being allocated to the Economic Development Fund.
|
|
Motion Passed
YEAS: W.J. Armstrong, J.L. Baechler, N.
Branscombe, M. Brown, P. Hubert, D.G. Henderson, H.L. Usher, J.P. Bryant (8)
NAYS: J.F. Fontana, B. Polhill, J.B. Swan,
S. Orser, P. Van Meerbergen, D. Brown (6)
|
The
motion to Approve clauses 1 to 7, excluding clause 4, is put.
Motion
Passed
YEAS: J.F. Fontana, B. Polhill, W.J.
Armstrong, J.B. Swan, S. Orser, J.L. Baechler, N. Branscombe, M. Brown, P.
Hubert, D.G. Henderson, P. Van Meerbergen, D. Brown, J.P. Bryant, S.E. White
(14)
NAYS: H.L. Usher (1)
Pursuant to section 17.2 of the Council
Procedure By-law, Councillor M. Brown calls for a separate vote on clause 8.
Motion
made by Councillor P. Hubert to Approve clause 8.
|
That, on the recommendation of the City
Treasurer, Chief Financial Officer and the City Clerk, the following actions
be taken with respect to the 2012 remuneration for Elected Officials and
appointed citizen members of local boards and commissions where stipends are
paid:
a) it
BE NOTED that the remuneration for 2012 will be adjusted by 3.1% over 2011,
in keeping with Council policy 5(32), which provides for the salaries and
honorariums of elected officials and appointed citizen members of local
boards and commissions where stipends are paid to be adjusted “…annually on
January 1st by the percentage increase reflected in the Labour Index (monthly
Index, Table 3), on the understanding that if such an index reflects a
negative percentage, the annual adjustment to the salaries of the elected
officials and appointed citizen members will be 0%; and on the further
understanding at if the Labour Index (monthly Index, Table 3) has increased
by a percentage greater than the Consumer Price Index, Ontario, the annual
percentage increase in the salaries and honorariums of the elected officials
and appointed citizen members will be no greater than the increase in the
Consumer Price Index, Ontario; it being understood that in 2012 wages were
not frozen for non-union employees; and
b)
the
attached proposed by-law BE INTRODUCED at the Municipal Council meeting on
April 10, 2012 to amend Council Policy 5(32) entitled “Remuneration for
Elected Officials and Appointed Citizen Members” to incorporate the January
24, 2011 direction of Council, arising from the recommendations of the 2010
Council Compensation Review Task Force, whereby the escalator for annual adjustment
purposes shall not be applied in those years where the non-union staff wages
are frozen, and to correct the policy number reference contained in the
by-law.
|
|
Motion Passed
YEAS: J.F. Fontana, B. Polhill, W.J.
Armstrong, J.B. Swan, S. Orser, J.L. Baechler, N. Branscombe, P. Hubert, D.G.
Henderson, H.L. Usher, J.P. Bryant (11)
NAYS: M. Brown, P. Van Meerbergen, D.
Brown, S.E. White (4)
|
|
Motion made by Councillor P. Hubert to
Approve clauses 9 to 15.
|
|
That, on the recommendation of the Deputy
City Treasurer, the following actions be taken with respect to the 2012
proposed budget and municipal special levy for the London Downtown Business
Association:
a) the
London Downtown Business Association (LDBA) proposed 2012 budget submission
in the amount of $881,325 BE APPROVED as outlined in attached Schedule A;
b) the
amount to be raised by the Corporation for the 2012 fiscal year for the
purposes of the London Downtown Business Association and pursuant to
subsection 208(1) of the Municipal Act, 2001 BE FIXED at $933,025 (which
accounts for $850,025 for the City of London levy as required by the LDBA to
help support its 2012 budget and an estimated allowance of $83,000 to provide
for vacancy rebates);
c) a
special charge BE ESTABLISHED for the amount referred to in section 2 above
by a levy in accordance with By-law CP-2 as amended; it being noted that the
said special charges shall have priority lien status and shall be added to
the tax roll pursuant to subsection 208(7) of the Municipal Act, 2001;
d) the
attached proposed by-law (Schedule C) BE INTRODUCED at the Municipal Council
meeting on April 10, 2012 with respect to municipal special levy for the
London Downtown Business Improvement Area.
|
|
That, on the recommendation of the Deputy
City Treasurer, the following actions be taken with respect to the 2012
proposed budget and municipal special levy for the Old East Village Business
Improvement Area:
a) the
Old East Village Business Improvement Area (OEVBIA) proposed 2012 budget
submission in the amount of $387,990 BE APPROVED as outlined in attached
Schedule A;
b) the
amount to be raised by the Corporation for the 2012 fiscal year for the
purposes of the Old East Village Business Improvement Area and pursuant to
subsection 208(1) of the Municipal Act, 2001 BE FIXED at $15,781 (which
accounts for $14,781 for the City of London levy as required by the OEVBIA to
help support its 2012 budget and an estimated allowance of $1,000 to provide
for vacancy rebates);
c) a
special charge BE ESTABLISHED for the amount referred to in Recommendation 2
above by a levy in accordance with By-law CP-1 as amended; it being noted
that the said special charges shall have priority lien status and shall be
added to the tax roll pursuant to subsection 208(7) of the Municipal Act,
2001; and
d) the
attached proposed by-law (Schedule B) BE INTRODUCED at the Municipal Council
meeting on April 10, 2012 with respect to municipal special levy for the Old
East Village Business Improvement Area.
|
|
That, on the recommendation of the
Director, Land Use Planning and City Planner, the following actions be taken
with respect to the property located at 165 Elmwood Avenue East (the former
Normal School):
a) Infrastructure
Ontario (IO) BE ADVISED of the previous position of Municipal Council
(September 21, 2004, as attached to the March 26, 2012 staff report)
regarding the “Village Green”, noting that this remains the position of the
Municipal Council regarding this significant community open space;
b) Infrastructure
Ontario (IO) BE ADVISED that Municipal Council considers the retention of the
former Normal School and its re-use in an appropriate manner as important and
significant to the City and the Old South community; and
c) Infrastructure
Ontario (IO) BE REQUESTED to provide a minimum of six months for the City to
undertake a process to determine possible municipal needs and potential
community partners for the appropriate re-use of the Normal School building,
and to undertake the due diligence required should the City wish to acquire
the Normal School to ascertain the requirements and costs associated with
ensuring that the building meets current Building Code and accessibility
requirements for possible future public use;
it being noted no funds have been
identified for the acquisition of this property.
|
|
That, on the recommendation of the
Director, Land Use Planning and City Planner and the Managing
Director–Corporate Assets the following actions be taken with respect to the
historical restoration flint cottage phase 2:
a) the
bid submitted by Van Boxmeer Construction Co. Ltd., R. R. #1, Elginfield Rd.,
Lucan, Ontario N0M 2J0 at its tendered price of $273,850.00 (HST excluded)
for the Historical Restoration Flint Cottage Phase 2 BE ACCEPTED; it being
pointed out that the bid submitted by Van Boxmeer Construction Co. Ltd., was
the lowest bid received and meets the City’s specifications and requirements
in all areas;
b) the
financing for this project BE APPROVED as set out in the Source of Financing
Report appended to the staff report dated March 26, 2012, with respect to
this matter;
c) the
Civic Administration BE AUTHORIZED to undertake all the administrative acts
which are necessary in connection with this project; and
d) the
approval given herein BE CONDITIONAL upon the Corporation entering into a
formal contract with the contractor for the work.
|
|
That, on the recommendation of the City
Clerk, the ISO certification of the municipal election process BE
DISCONTINUED after this year’s certification process.
|
|
That, on the recommendation of the Chief
Human Resources Officer the report dated March 26, 2012 regarding the
Corporate Human Rights Program, Code of Conduct Program and Corporate
Training Initiatives BE RECEIVED for information purposes.
|
|
That, on the recommendation of the Managing
Director - Corporate Assets, on the advice of the Manager Realty Services,
with respect to the vacant, City-owned land known as 567 Rosecliffe Terrace,
legally described as Blocks 66 and 73, Plan 33M-119, measuring approximately
20m x 38m and containing an area of 760 square meters, as shown on Schedule
“A” attached, the following actions be taken:
a) Block
73, Plan 33M-119, BE DECLARED SURPLUS, and the subject lands BE TRANSFERRED
to Drewlo Holdings Limited (the corporate successor of Ardshell Limited),
pursuant to a Subdivision Agreement, registered as Instrument Number 75277
dated July 24, 1984; and
b) Block
66, Plan 33M-119, BE DECLARED SURPLUS, and the subject lands BE TRANSFERRED
to the adjoining land owner, 1767127 Ontario Limited, for a nominal sum of
$2.00.
|
|
At 9:50 PM Councillor H.L. Usher leaves the
meeting.
The motion to Approve clauses 9 to 15 is
put.
Motion Passed
YEAS: J.F. Fontana, B. Polhill, W.J.
Armstrong, J.B. Swan, S. Orser, J.L. Baechler, N. Branscombe, M. Brown, P.
Hubert, D.G. Henderson, P. Van Meerbergen, D. Brown, J.P. Bryant, S.E. White
(14)
NAYS: (0)
|
At
9:55 PM Councillor H.L. Usher enters the meeting.
Pursuant to section 17.2 of the Council
Procedure By-law, Councillor N. Branscombe calls for a separate vote on clause
16.
|
That, on the recommendation of the Managing
Director – Corporate Assets, with respect to the Westminster outdoor pool and
bathhouse upgrades, the following actions be taken:
a) the
bid submitted by Norlon Builders London Limited, 151 York Street, London
Ontario, N6A 1A8 at its tendered price of $1,746,500.00 (HST excluded) for
the Westminster Outdoor Pool & Bathhouse Upgrades BE ACCEPTED; it being
pointed out that the bid submitted by Norlon Builders London Limited was the
lowest bid received and meets the City’s specifications and requirements in
all areas;
b) the
financing for this project BE APPROVED as set out in the Source of Financing
Report appended to the staff report dated March 26, 2012, with respect to
this matter;
c) the
Civic Administration BE AUTHORIZED to undertake all the administrative acts
which are necessary in connection with this project;
d) the
approval given herein BE CONDITIONAL upon the Corporation entering into a
formal contract with the contractor for the work; and
e) future
additional annual operating costs of $5,000 BE APPROVED as a first priority
from available assessment growth in 2013 subject to final budget approval.
|
|
Motion Passed
YEAS: J.F. Fontana, B. Polhill, W.J.
Armstrong, J.B. Swan, S. Orser, J.L. Baechler, M. Brown, P. Hubert, D.G. Henderson,
P. Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant, S.E. White (14)
RECUSE: N. Branscombe (1)
|
Councillor
P. Hubert moves that clauses 17 to 26 be Approved.
|
tion to Approve That, on the recommendation
of the Managing Director - Corporate Assets, on the advice of the Manager
Realty Services, with respect to the vacant property owned by Peter Brander
Inc., In Trust, municipally known as 121 Briscoe Street West, the Civic
Administration BE AUTHORIZED to take the following actions:
a) accept
the offer submitted by Peter Brander Inc., In Trust, to sell to the City land
municipally known as 121 Briscoe Street, located on the north side of Briscoe
Street West, further described as Lot 520, Plan 488, containing an area of
approximately 4,795 square feet, for the purpose of the addition of parkland
to the City’s Briscoe Woods, for the nominal sum of $2.00, subject to the
following condition:
i) the
City being given thirty (30) days to investigate the soil and environmental
conditions of the subject property; and
b) the
attached proposed by-law BE INTRODUCED at the Municipal Council meeting to be
held on April 10, 2012 to approve this acquisition and to authorize the Mayor
and City Clerk to execute the Agreement of Purchase and Sale.
|
|
That, on the recommendation of the Chief
Technology Officer with the concurrence of the City Manager, the following
actions be taken, subject to contract approval, for a three (3) year term,
with an optional for two (2) additional one (1) year extensions, with respect
to the supply of Hewlett-Packard (HP) Personal Computers (PCs), Laptops,
Printers, Enterprise Servers and Data Storage:
a) the
proposal submitted by OnX Enterprise Solutions Ltd., 231 Shearson Crescent,
Suite 204, Cambridge, ON N1T 1J5 to provide HP Value Added Reseller (VAR)
Distributor services BE ACCEPTED;
b) the
Civic Administration BE AUTHORIZED to undertake all administrative acts that
are necessary in connection with this matter;
c) the
Approvals hereby given BE CONDITIONAL upon the Corporation entering into a
formal contract or having a purchase order relating to the subject matter of
this approval; and
d) the
Mayor and City Clerk BE AUTHORIZED to execute any contract or other
documents, if required, to give effect to these recommendations.
|
|
That, on the recommendation of the Chief
Technology Officer, with the concurrence of the City Manager, the following
actions be taken with respect to the provisioning of Cellular services for
The Corporation of the City of London:
a) the
Civic Administration BE AUTHORIZED to enter into a formal Request for Tender
(RFT), for cellular services; (1) To perform a market analysis; (2) To enter
into a one (1) year contract with up to four; (4) six (6) month extensions
provided there are tangible business benefits. (3) To stay month to month if
there are no tangible business benefits in moving with fixed term contract;
b) the
Civic Administration BE AUTHORIZED to undertake all the necessary
administrative acts in connection with this matter, including the execution
of an Agreement; and
c) the
approval of clause b) above BE CONDITIONAL upon the Corporation negotiating
satisfactory prices, terms and conditions with the contract award to the
satisfaction of the Chief Technology Officer and the Manager of Purchasing
and Supply.
|
|
That the following actions be taken with
respect to fees and charges:
a) the
attached revised proposed by-law (Appendix “A”) BE INTRODUCED at the
Municipal Council meeting on April 10, 2012 to amend By-law No. A-42 entitled
“A by-law to provide for Various Fees and Charges” in order to exclude
certain permit fees for display fireworks conducted by the City of London and
certain non-for-profit organizations and to incorporate new parking fees
approved as part of the 2012 Budget process; it being pointed out that there
were no oral submissions made at the public participation meeting held in
connection with this matter; and
b) the
Civic Administration BE REQUESTED to report back to the Finance and
Administrative Services Committee on how other churches might be exempted
from fees and charges for display fireworks.
|
|
That, on the recommendation of the City
Treasurer, Chief Financial Officer, the following actions be taken with
respect to property taxation for 2012:
a) a
by-law be enacted in accordance with Sub-sections 308(4) and 308.1(4) of the
Municipal Act, 2001 to set tax ratios in the multi-residential, pipeline and
farm property classes as indicated on Schedule G and such attached proposed by-law
(Appendix A) BE INTRODUCED at the Council meeting of April 10, 2012;
b) a
by-law be enacted in accordance with Sub-section 308(4) of the Municipal Act,
2001 to set tax ratios in the commercial and industrial property class as
indicated in Schedule G of this report; so that tax ratios for these classes
are maintained at Provincial thresholds/averages and such attached proposed
by-law (Appendix A) BE INTRODUCED at the Council meeting of April 10, 2012;
c) a
by-law be enacted to fully utilize options available in 2012 to exclude
properties in capped property classes which have reached current value
assessment tax levels or higher in 2011 from being capped again in 2012 and
future years and such attached proposed by-law (Appendix B) BE INTRODUCED at the
Council meeting of April 10, 2012;
d) a
by-law be enacted in accordance with Section 330 of the Municipal Act, 2001
to claw back a portion of tax decreases in each of the commercial,
industrial, and multi-residential classes sufficient to fully finance the
capping of increases as required under Section 329 of the Municipal Act, 2001
and such attached proposed by-law (Appendix C) BE INTRODUCED at the Council
meeting on April 10, 2012;
e) a
by-law be enacted in accordance with Section 329.1 of the Municipal Act, 2001
for 2012 to adopt the same capping formulae for the commercial, industrial
and multi-residential property classes as was applicable in 2011 and such
attached proposed by-law (Appendix D) BE INTRODUCED at the Council meeting on
April 10, 2012; and
f) a
phase-in program for tax changes resulting from the reassessment of
properties in the residential, farmland, and managed forests property classes
in accordance with Section 318 of the Municipal Act, 2001 not be adopted;
it being noted that the Finance and
Administrative Services Committee heard a verbal presentation from the City
Treasurer, Chief Financial Officer with respect to this matter.
|
|
That, on the recommendation of the Director
of Intergovernmental and Community Liaison, a City of London sponsorship
contribution of $5,000 to the 2012 Southwest Economic Alliance BE APPROVED,
it being noted that this expenditure can be accommodated within existing
budget of the City Manager’s Office, and that this will be combined with a
London Economic Development Corporation (LEDC) contribution of $5,000 for a
“Gold” sponsorship status; it being noted that the Finance and Administrative
Services Committee heard the attached presentation from S. Lavoie, Southwest
Economic Alliance.
|
|
That the following resolution BE ADOPTED by
the Municipal Council with respect to the attached communication dated March
12, 2012 from Councillor Usher:
FEDERATION OF CANADIAN MUNICIPALITIES (FCM)
–
ELECTION TO THE NATIONAL BOARD OF DIRECTORS
WHEREAS the Federation of Canadian
Municipalities (FCM) represents the interests of municipalities on policy and
program matters that fall within federal jurisdiction;
WHEREAS FCM’s National Board of Directors
is comprised of elected municipal officials from all regions and sizes of
communities to form a broad base of support and provide FCM with the prestige
required to carry the municipal message to the federal government; and
WHEREAS the 75th FCM Annual Conference is
from June 1 to 4, 2012, during which the Annual General Meeting will be held
and followed by the election of FCM’s National Board of Directors;
BE IT RESOLVED that Council of The
Corporation of the City of London endorse Councillor Harold Usher to stand
for election on the FCM’s National Board of Directors for the 2012/2013 term;
and
BE IT FURTHER RESOLVED that Council assume
all costs associated with Councillor Harold Usher attending FCM’s Board of
Directors meetings, during the 2012/2013 term.
|
|
That, on the recommendation of the City
Clerk, the term for current advisory committee appointments be extended until
such time as new appointments have been made under the revised Terms of
Reference and Policies for the Advisory Committees.
|
|
That subject to the approval of her
application to serve on the Federation of Canadian Municipalities (FCM)
Standing Committee(s), Councillor Baechler BE AUTHORIZED to attend the FCM
Standing Committee meetings from September 5 to 8, 2012, Laval, Quebec; from
November 20 to November 23, 2012 Ottawa, Ontario; and from March 6 to 9,
2013, Prince George, British Columbia and the Annual General Meeting to be
held May 31, to June 3, 2013, Vancouver, British Columbia; and that she BE
REIMBURSED for her associated expenses outside of her annual expense
allocation subject to the annual budget approval process, and in accordance
with Council's Travel & Expense Policy.
|
|
That the City Treasurer, Chief Financial
Officer BE REQUESTED to report back at a future meeting of the Finance and
Administrative Services Committee regarding an appropriate contingency for
taxpayer appeals.
|
|
The motion to Approve clauses 17 to 26 is
put.
Motion Passed
YEAS: J.F. Fontana, B. Polhill, W.J.
Armstrong, J.B. Swan, S. Orser, J.L. Baechler, N. Branscombe, M. Brown, P.
Hubert, D.G. Henderson, P. Van Meerbergen, D. Brown, J.P. Bryant, S.E. White
(14)
NAYS: (0)
|
Motion
made by Councillor H.L. Usher to Approve clauses 1 to 5.
|
No pecuniary interests were disclosed.
|
|
That the 4th Report of the Transportation
Advisory Committee, from its meeting held on March 6, 2012, BE RECEIVED.
|
|
That, on the recommendation of the
Director, Environment, Fleet and Solid Waste, the attached proposed by-law
(Appendix A) BE INTRODUCED at the Municipal Council meeting to be held on
April 10, 2012, to approve amendments to the agreement with Stewardship
Ontario to fund a portion of the City’s Household Special Waste Program.
(2012-L03-00)
|
|
That, on the recommendation of the Acting
Executive Director, Planning, Environmental and Engineering Services and City
Engineer, the attached proposed by-law BE INTRODUCED at the Municipal Council
meeting to be held on April 10, 2012, for the purpose of amending the Council
Policy 25(2) entitled “Land Dedication” in order to reflect the amendments to
the Official Plan in OPA 438.
|
|
That, on the recommendation of the Acting
Executive Director, Planning, Environmental and Engineering Services and City
Engineer, the following actions be taken with respect to the appointment of a
consultant for the functional, detailed design and tender document
preparation for the Green Valley storm/drainage and Stormwater Management
(SWM) remediation works (ES2462):
a) Delcan
Corporation, 1069 Wellington Road South, Suite 214, London, Ontario, N6E 2H6,
BE APPOINTED the consulting engineers for the above-noted project in the
amount of $158,396, including contingency and excluding H.S.T., in accordance
with Section 15, Clause 15.2(d) of the Procurement of Goods and Services
Policy; it being noted that upon successful completion of the functional and
detailed design work the City anticipates recommending the award of the
construction supervision and administration portion of the project to this
consultant;
b) the
financing for this project BE APPROVED as set out in the Sources of Financing
Report provided as Appendix “A” to the associated staff report, dated April
2, 2012;
c) the
consulting fees for the project identified in a), above, BE IN ACCORDANCE
with the estimate on file, which are based upon the Fee Guideline for
Professional Engineering Services, 2006, recommended by the Ontario Society
of Professional Engineers;
d) the
approvals given herein BE CONDITIONAL upon the Corporation entering into a
formal contract with the consultant for the work; and,
e) the
Mayor and the City Clerk BE AUTHORIZED to execute any contract or other
documents, if required, to give effect to these recommendations.
(2012-A03-00)
|
The
motion to Approve clauses 1 to 5 is put.
Motion
Passed
YEAS:
J.F. Fontana, B. Polhill, W.J. Armstrong, J.B. Swan, S. Orser, J.L. Baechler,
N. Branscombe, M. Brown, P. Hubert, D.G. Henderson, P. Van Meerbergen, D.
Brown, H.L. Usher, J.P. Bryant, S.E. White (15)
Motion
made by Councillor H.L. Usher to Approve clauses 6 and 7.
|
That, on the recommendation of the Acting
Executive Director, Planning, Environmental and Engineering Services and City
Engineer, the following actions be taken with respect to section 14.2 of the
Procurement of Goods and Services Policy and the emergency repair of the
section three, number four final clarifier at the Greenway Wastewater
Treatment Plant (Project ES5084):
a) the
final price of $88,494.99, excluding H.S.T., for the repair, as submitted by
Yarmouth Crane Service, 9462 Tower Road, RR#3, St. Thomas, Ontario, BE
ACCEPTED; and,
b) the
financing for this project BE APPROVED as set out in the Sources of Financing
Report provided as Appendix “A” to the associated staff report, dated April
2, 2012. (2012-W06-00)
|
|
That, on the recommendation of the Acting
Executive Director, Planning, Environmental and Engineering Services and City
Engineer, the following actions be taken with respect to the purchase and
installation of river level monitoring gauges (ES2497):
a) approval
BE GIVEN to enter into negotiations with the Upper Thames River Conservation
Authority for the purchase and installation of additional river level gauges;
b) the
Civic Administration BE AUTHORIZED to undertake all the administrative acts
that are necessary in connection with this contract or purchase; and,
c) the
approval BE CONDITIONAL upon the Corporation entering into a formal contract
or issuing a purchase order relating to this matter. (2012-F13-00)
|
|
The motion to Approves clauses 6 and 7 is
put.
|
|
Motion Passed
YEAS: J.F. Fontana, B. Polhill, W.J.
Armstrong, J.B. Swan, S. Orser, J.L. Baechler, N. Branscombe, M. Brown, P.
Hubert, D.G. Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant,
S.E. White (15)
|
Motion made by Councillor H.L. Usher to
Approve clause 8.
|
That, on the recommendation of the Acting
Executive Director, Planning, Environmental and Engineering Services and City
Engineer, the following actions be taken with respect to the sanitary
servicing for the Regina Mundi College and Catholic Education Centre,
Municipal Numbers 5200 and 5250 Wellington Road South, London, Ontario, N6A
4X5:
a) the
attached Partnership Agreement between The Corporation of the City of London
and the London District Catholic School Board for sanitary servicing, BE
APPROVED; and,
b) the
Mayor and the City Clerk BE AUTHORIZED to execute any contract or other documents,
if required, to give effect to this recommendation.
|
|
Motion made by Councillor H.L. Usher and
seconded by Councillor D. Brown to Amend clause 8 to read:
That, on the recommendation of the Acting
Executive Director, Planning, Environmental and Engineering Services and City
Engineer, the attached proposed by-law BE INTRODUCED at the Municipal
Council meeting to be held on April 10, 2012 to:
a) approve
the attached Agreement between The Corporation of the City of London and the
London District Catholic School Board for sanitary servicing for the Regina
Mundi College and Catholic Education Centre, Municipal Numbers 5200 and 5250
Wellington Road South, London, Ontario, N6A 4X5; and,
b) authorize
the Mayor and the City Clerk to execute the Agreement approved in a), above,
and any contract or other documents, if required, to give effect to this
Agreement.
|
|
Motion Passed
YEAS: J.F. Fontana, B. Polhill, W.J.
Armstrong, J.B. Swan, S. Orser, J.L. Baechler, N. Branscombe, M. Brown, P.
Hubert, D.G. Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant,
S.E. White (15)
|
The
motion to Approve clause 8, as amended, is put.
Motion Passed
YEAS:
J.F. Fontana, B. Polhill, W.J. Armstrong, J.B. Swan, S. Orser, J.L. Baechler,
N. Branscombe, M. Brown, P. Hubert, D.G. Henderson, P. Van Meerbergen, D.
Brown, H.L. Usher, J.P. Bryant, S.E. White (15)
Motion
made by Councillor H.L. Usher to Approve clauses 9 to 19.
At
10:05 PM His Worship the Mayor places Councillor P. Hubert in the Chair and
takes a seat at the Council Board.
At
10:10 PM His Worship the Mayor returns to the Chair and Councillor P. Hubert
takes his seat at the Council Board.
|
That, on the recommendation of the Acting
Executive Director, Planning, Environmental and Engineering Services and City
Engineer, the following actions be taken with respect to the contract award
for the construction of the Talbot Street Brick Sewer Rehabilitation (ES2523
and ES2693):
a) the
proposal submitted by Liqui-Force Services, 2015 Spinks Drive, Kingsville,
Ontario, at its price of $1,512,451.25, excluding H.S.T., for the
construction of the Talbot Street Brick Sewer Rehabilitation BE ACCEPTED; it
being noted that Liqui-Force Services was the only contractor to respond to a
Request for Proposal and their submission meets the City's specifications and
requirements in all areas;
b) the
financing for this project BE APPROVED as set out in the Sources of Financing
Report provided as Appendix "A" to the associated staff report,
dated April 2, 2012;
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 for the material to be supplied
and for the work to be done relating to this project. (2012-W10-00)
|
|
That, on the recommendation of the Acting
Executive Director, Planning, Environmental and Engineering Services and City
Engineer, the following actions be taken with respect to the supply and
installation of sewer liners, Cured in Place Pipe (CIPP):
a) the
contract with Insituform Technologies Limited, 3 Burford Road, Hamilton,
Ontario, L8C 3C6, for the supply and installation of sewer liners, BE
EXTENDED for one year, with a total value of $2,650,000, excluding H.S.T.,
beginning April 11, 2012 to March 31, 2013;
b) the
funding for this purchase BE APPROVED as set out in the Sources of Financing
Report provided as Appendix “A” to the associated staff report, dated April
2, 2012;
c) the
Civic Administration BE AUTHORIZED to undertake all the administrative acts
that are necessary in connection with this service contract; and,
d) the
approval hereby given BE CONDITIONAL upon the Corporation entering into a
formal contract or having a purchase order, or contract record relating to
the subject matter of this approval. (2012-W10-00)
|
|
That, on the recommendation of the Acting
Executive Director, Planning, Environmental and Engineering Services and City
Engineer, the following actions be taken with respect to the 2012
Infrastructure Lifecycle Renewal Program, Contract # 4, for the Glebe Street,
Lyle Street and Hewitt Street reconstruction project (EW3765-12, ES2414-12,
TS4067-11):
a) the
bid submitted by Bre-Ex Limited, 247 Exeter Road, London, Ontario, N6L 1A5,
at its tendered price of $1,329,517.40, excluding H.S.T., for the 2012
Infrastructure Lifecycle Renewal Program, Contract # 4, BE ACCEPTED; it being
noted that the bid submitted by Bre-Ex Limited was the lowest of five bids
received and meets the City's specifications and requirements in all areas;
b) Delcan
Corporation, 1069 Wellington Road South, Suite 214, London, Ontario, N6E 2H6,
BE AUTHORIZED to carry out the resident inspection and the contract
administration for the said project in accordance with the estimate on file,
at an upset amount of $158,027.10, excluding H.S.T.; it being noted that this
firm completed the engineering design, based upon the Fee Guideline for
Professional Engineering Services, recommended by the Ontario Society of
Professional Engineers, and in accordance with Section 15.2 (g) of the City
of London’s Procurement of Goods and Services Policy;
c) minor
future additional annual operating costs of $2,000.00 BE RECOGNIZED as a
result of this project; it being noted that these costs are a result of new
infrastructure installation and will be considered and accommodated within
future Wastewater and Treatment operating budgets;
d) the
financing for this project BE APPROVED as set out in the Sources of Financing
Report provided as Appendix "A" to the associated staff report
dated April 2, 2012 ;
e) the
Civic Administration BE AUTHORIZED to undertake all the administrative acts
that are necessary in connection with this project;
f) the
approval given herein BE CONDITIONAL upon the Corporation entering into a
formal contract or issuing a purchase order for the material to be supplied
and the work to be done relating to this project (Tender 12-04); and,
g) the
Mayor and the City Clerk BE AUTHORIZED to execute any contract or other
documents, if required, to give effect to these recommendations.
(2012-S08-00)
|
|
That, on the recommendation of the Acting
Executive Director, Planning, Environmental and Engineering Services and City
Engineer, the following actions be taken with respect to the contract award
for the 2012 Lifecycle Renewal Program, Contract #6 for the St. George Street
and Sydenham Street Reconstruction Project (ES2414-12, EW3765-12):
a) the
bid submitted by Omega Contractors Inc. (Omega), 4104 Breck Avenue, London
Ontario, N6L 1B5, at its tendered price of $1,647,266.90, excluding H.S.T.,
for the 2012 Infrastructure Lifecycle Renewal Program, Contract #6 project,
BE ACCEPTED; it being noted that the bid submitted by Omega was the lowest of
ten bids received and meets the City's specifications and requirements in all
areas;
b) AECOM
Canada Ltd., 410 – 250 York Street, Citi Plaza, London, Ontario, N6A 6K2, BE
AUTHORIZED to carry out the resident inspection and the contract
administration for the said project in accordance with the estimate, on file,
at an upset amount of $149,935.50, excluding H.S.T.; it being noted that this
firm completed the engineering design, based upon the Fee Guideline for
Professional Engineering Services, recommended by the Ontario Society of
Professional Engineers, and in accordance with Section 15.2 (g) of the City
of London’s Procurement of Goods and Services Policy;
c) minor
future additional annual operating costs of $600.00 BE RECOGNIZED as a result
of this project, it being noted that these costs are a result of new
infrastructure installation and will be considered and accommodated within
future Wastewater and Treatment operating budgets;
d) the
funding for this project BE APPROVED as set out in the Sources of Financing
Report provided as Appendix “A” to the associated staff report, dated April
2, 2012;
e) the
Civic Administration BE AUTHORIZED to undertake all the administrative acts
that are necessary in connection with this project;
f) the
approval given herein BE CONDITIONAL upon the Corporation entering into a
formal contract or issuing a purchase order for the material to be supplied
and the work to be done relating to this project; and,
g) the
Mayor and the City Clerk BE AUTHORIZED to execute any contract or other
documents, if required, to give effect to these recommendations.
(2012-S08-00)
|
|
That, on the recommendation of the Acting
Executive Director, Planning, Environmental and Engineering Services and City
Engineer, the following actions be taken with respect to the 2012 Arterial Road
Rehabilitation (TS1446-12):
a) the
bid submitted by Dufferin Construction Company, P.O. Box 189, 2200 Jetstream
Road, London, Ontario, N6A 4V7, at its submitted tendered price of
$7,795,804.00, excluding H.S.T., for the 2012 Arterial Road rehabilitation,
BE ACCEPTED; it being noted that the bid submitted by Dufferin Construction
Company was the lowest of two bids received and meets the City’s
specifications and requirements in all areas; it being further noted that
there is no anticipated additional operating costs to the Planning and
Environmental and Engineering Services budget in 2013 and subsequent years
associated with approval of this tender;
b) the
funding for this project BE APPROVED as set out in the Sources of Financing
Report provided as Appendix “A” to the associated staff report, dated April
2, 2012;
c) the
Civic Administration BE AUTHORIZED to undertake all the administrative acts
that are necessary in connection with this project;
d) the
approval given herein BE CONDITIONAL upon the Corporation entering into a
formal contract or issuing a purchase order for the material to be supplied
and the work to be done relating to this project; and,
e) the
Mayor and the City Clerk BE AUTHORIZED to execute any contract or other
documents, if required, to give effect to these recommendations; and,
it being noted that the Civic Works
Committee heard a verbal delegation from J. MacDonald, Executive Director,
Downtown London, with respect to this matter. (2012-S08-00)
|
|
That, on the recommendation of the Acting
Executive Director, Planning, Environmental and Engineering Services and City
Engineer, the following actions be taken with respect to the contract award
for the Stanley Street Sanitary Pumping Station construction project
(ES2414/ES5084-11):
a) the
bid submitted by Hayman Construction Inc. (Hayman), 636 Wellington Street,
London, Ontario, N6A 3R9, at its tendered price of $962,700.00, excluding
H.S.T., for the construction of the new Stanley Street Sanitary Pumping
Station BE ACCEPTED; it being noted that the bid submitted by Hayman was the
lowest of four bids received and meets the City’s specifications and
requirements in all areas;
b) Dillon
Consulting Limited (Dillon), 130 Dufferin Avenue, Suite 1400, London,
Ontario, N6A 5R2, BE AUTHORIZED to complete the remainder of the design and
carry out the resident inspection and the contract administration for the
said project, in accordance with the estimate, on file, at an upset amount of
$180,459.40, excluding H.S.T.; it being noted that this firm completed the
Environmental Assessment (EA) and the engineering design, based upon the Fee
Guideline for Professional Engineering Services recommended by the Ontario
Society of Professional Engineers, and in accordance with Section 15.2 (g) of
the City of London’s Procurement of Goods and Services Policy;
c) minor
additional annual operating costs of $5,000.00 BE RECOGNIZED as a result of
this project; it being noted that these costs are due to new infrastructure
installation and will be considered and accommodated within future Wastewater
and Treatment operating budgets;
d) the
funding for this project BE APPROVED as set out in the Sources of Financing
Report provided as Appendix “A” to the associated staff report, dated April
2, 2012;
e) the
Chief Surveyor BE DIRECTED to initiate the process to legally close the
easterly 50 metres of Becher Street that is no longer travelled, and to
initiate the process to dedicate and name the easterly 70 metres of Becher
Street that is publically travelled, thus resulting in the realignment of the
east end of Becher Street;
f) the
Civic Administration BE AUTHORIZED to undertake all the administrative acts
that are necessary in connection with this project, and, in the event that
the Committee of Adjustment denies the Minor Variance application, the Civic
Administration BE DIRECTED to appeal the decision;
g) the
approval given herein BE CONDITIONAL upon the Corporation entering into a
formal contract or issuing a purchase order for the material to be supplied
and the work to be done relating to this project; and,
h) the
Mayor and the City Clerk BE AUTHORIZED to execute any contract or other
documents, if required, to give effect to these recommendations.
(2012-W07-00)
|
|
That, on the recommendation of the Acting
Executive Director, Planning, Environmental and Engineering Services and City
Engineer, the following actions be taken with respect to the construction of
the Mornington Pond sediment removal:
a) the
tender submitted by Ro-Buck Contracting Limited, 2326 Fanshawe Park Road
East, London, Ontario, at its price of $224,246.00, excluding H.S.T., for the
construction of the Mornington Pond sediment removal BE ACCEPTED; it being
noted that bid submitted by Ro-Buck Contracting Limited, was the lowest of
six bids received and meets the City’s specifications and requirements in all
areas;
b) the
funding for this project BE APPROVED as set out in the Sources of Financing
Report provided as Appendix “A” to the associated staff report, dated April
2, 2012;
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 for the material to be supplied
and the work to be done relating to these projects. (2012-W10-02)
|
|
That, on the recommendation of the Acting
Executive Director, Planning, Environmental and Engineering Services and City
Engineer, the following actions be taken with respect to the supply,
delivery and installation of 2012 spring infill street trees:
a) the tenders submitted by the
following companies BE ACCEPTED:
Section 1 – Area 1
– Klomps Landscaping Inc., 2963 Road, 119, R.R. #7, St. Mary’s, Ontario, N4X
1C9, at a tendered contract price of $212,589.00, excluding H.S.T.; it being
noted that Klomps Landscaping Inc. was the lowest of seven bids received in
Section 1 and meets all the terms, conditions and specifications;
Section
2 – Areas 2, 3 and 4 – Emission Tree, 21748 Springfield Road, Melbourne,
Ontario, N0L 1T0, at a tendered contract price of $195,706.00, excluding
H.S.T.; it being noted that Emission Trees was the lowest of six bids
received in Section 2 and meets all the terms, conditions and specifications;
Section 3 –
Various Properties throughout the City of London – Kamarah Tree Farms,
196312, 19th Line, R.R. #1, Lakeside, Ontario, N0M 2G0, at a tendered
contract price of $160,380.00, excluding H.S.T.; it being noted that Kamarah
Tree Farms was the lowest of five bids received in Section 3 and meets all
the terms, conditions and specifications;
b) the
funding for this purchase BE APPROVED as set out in the Sources of Financing
Report provided as Appendix “A” to the associated staff report, dated April
2, 2012;
c) the
Civic Administration BE AUTHORIZED to undertake all the administrative acts
that are necessary in connection with this contract; and,
d) the
approval hereby given BE CONDITIONAL upon the Corporation entering into a
formal contract or having a purchase order relating to the subject matter of
this approval. (2012-E05-00)
|
|
That, on the recommendation of the Acting
Executive Director Planning, Environmental and Engineering Services and City
Engineer, the following actions be taken with respect to the Sunninghill
Sanitary Pumping Station upgrades:
a) the
bid submitted by Baseline Constructors Inc., 550 Conestoga Road, Waterloo,
Ontario, N2L 4E3, at its tendered price of $842,850.00, excluding H.S.T., for
the construction of the Sunninghill Sanitary Pumping Station upgrades BE
ACCEPTED; it being noted that the bid submitted by Baseline Constructors Inc.
was the lowest of 4 bids received and meets the City’s specifications and
requirements in all areas;
b) the
funding for this project BE APPROVED as set out in the Sources of Financing
Report provided as Appendix “A” to the associated staff report, dated April
2, 2012;
c) AECOM
Canada Ltd. BE AUTHORIZED to carry out the resident inspection and the
contract administration for the said project in accordance with the estimate,
on file, at an upset amount of $136,862.00, excluding H.S.T., and including a
10% contingency; it being noted that this firm completed the engineering
design, based upon the Fee Guideline for Professional Engineering Services
recommended by the Ontario Society of Professional Engineers, and in
accordance with Section 15.2 (g) of the Procurement of Goods and Services
Policy;
d) the
Civic Administration BE AUTHORIZED to undertake all the administrative acts
that are necessary in connection with this project; and,
e) the
approvals given herein BE CONDITIONAL upon the Corporation entering into a
formal contract or issuing a purchase order relating to the subject matter of
this approval. (2012-W07-00)
|
|
That, on the recommendation of the Acting
Executive Director Planning, Environmental and Engineering Services and City
Engineer, the following actions be taken with respect to the Dingman Creek
Pumping Station upgrades:
a) the
proposal submitted by Bre-Ex Limited, 247 Exeter Road, London, Ontario, N6L
1A5, at its price of $285,796.17, excluding H.S.T., for the installation of
Dingman Creek Pumping Station upgrades BE ACCEPTED; it being noted Bre-Ex
Limited was the lowest of three bids received and meets all the terms,
conditions and specifications;
b) the
funding for this project BE APPROVED as set out in the Sources of Financing
Report provided as Appendix “A” to the associated staff report, dated April
2, 2012;
c) Stantec
Consulting BE AUTHORIZED to carry out the resident inspection and the
contract administration for the said project in accordance with the estimate,
on file, at an amount of $29,588.00, excluding H.S.T.; it being noted that
this firm completed the 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;
d) the
Civic Administration BE AUTHORIZED to undertake all the administrative acts
that are necessary in connection with this project; and,
e) the
approvals given herein BE CONDITIONAL upon the Corporation entering into a
formal contract or issuing a purchase order for the work to be done relating
to this project. (2012-W07-00)
|
|
That, on the recommendation of the Acting
Executive Director, Planning, Environmental and Engineering Services and City
Engineer, the following actions be taken with respect to the Spingbank
Reservoir #2 rehabilitation project.
a) the
bid submitted by Layfield Environmental Systems Ltd., 11603 -180 Street,
Edmonton, Alberta, T5S 2H6, at its corrected tendered price of $769,868.29,
excluding H.S.T., for the Springbank Reservoir #2 rehabilitation project, BE
ACCEPTED; it being noted that Layfield Environmental Systems Ltd. was the
lowest of two bids received and meets the City's specifications and
requirements in all areas;
b) R.V.
Anderson Associates Limited, 557 Southdale Road East, London, Ontario, N6E
1A2, BE AUTHORIZED to carry out the resident inspection and the contract
administration for the said project in accordance with the estimate, on file,
at an upset amount of $82,010.00, excluding H.S.T.; it being noted that this
firm completed the engineering design, based upon the Fee Guideline for
Professional Engineering Services, recommended by the Ontario Society of
Professional Engineers, and in accordance with Section 15.2 (g) of the City
of London’s Procurement of Goods and Services Policy;
c) the
financing for this project 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 project;
e) the
approval given herein BE CONDITIONAL upon the Corporation entering into a
formal contract or issuing a purchase order for the material to be supplied
and the work to be done relating to this project (Tender 12-52); and,
f) the
Mayor and the City Clerk BE AUTHORIZED to execute any contract or other
documents, if required, to give effect to these recommendations.
|
|
The motion to Approve clauses 9 to 19 is
put.
|
|
Motion Passed
YEAS: J.F. Fontana, B. Polhill, W.J.
Armstrong, J.B. Swan, S. Orser, J.L. Baechler, N. Branscombe, M. Brown, P. Hubert,
D.G. Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant, S.E.
White (15)
|
|
Motion made by Councillor H.L. Usher and
seconded by Councillor S. Orser to Approve that pursuant to section 13 of the
Council Procedure By-law, the actions of the Municipal Council taken at its
meeting of February 21 and 22, 2012, relating to the adoption of the 2012
Operating Budget for the services within Transportation Services, Page 310 -
Parking Service Grouping Overview, with respect to the operation of downtown
on-street parking meters in the evenings and the resulting additional revenue
of $85,000, with a full year impact of $100,000 in future years, BE
RECONSIDERED as it relates to part a) of clause 20.
|
|
Motion Failed
YEAS: B. Polhill, J.B. Swan, S. Orser, N.
Branscombe, H.L. Usher, J.P. Bryant (6)
NAYS: J.F. Fontana, W.J. Armstrong, J.L.
Baechler, M. Brown, P. Hubert, D.G. Henderson, P. Van Meerbergen, D. Brown,
S.E. White (9)
|
|
Motion made by Councillor H.L. Usher and
seconded by Councillor J.P. Bryant to Approve that pursuant to section 13 of
the Council Procedure By-law, the actions of the Municipal Council taken at
its meeting of February 21 and 22, 2012, relating to the adoption of the 2012
Operating Budget for the services within Transportation Services, Page 310 -
Parking Service Grouping Overview, with respect to the operation of downtown
on-street parking metesr in the evenings and the resulting additional revenue
of $85,000, with a full year impact of $100,000 in future years, BE
RECONSIDERED as it relates to part b) of clause 20.
|
|
Motion Passed
YEAS: B. Polhill, W.J. Armstrong, J.B.
Swan, S. Orser, J.L. Baechler, N. Branscombe, M. Brown, D.G. Henderson, P.
Van Meerbergen, D. Brown, J.P. Bryant, S.E. White (12)
NAYS: J.F. Fontana, P. Hubert, H.L. Usher
(3)
|
|
That, notwithstanding the recommendation of
the Acting Executive Director, Planning, Environmental and Engineering
Services and City Engineer, the following actions be taken with respect to
the amendments to the Traffic and Parking By-law related to the new parking
fees:
a) the
on-street hourly parking rate BE INCREASED by $0.50 and that the on-street
hourly parking rate for the Old East Village NOT BE INCREASED; it being noted
that there has been no change to the hourly parking rate since 1996;
(Secretary Note: a reconsideration of the
Fees and Charges By-law will require the approval of two-thirds of the whole
Council to increase the on-street hourly parking rate)
b) NO ACTION BE TAKEN with respect
to the paid evening on-street parking; and,
c) a
Public Participation Meeting BE HELD at the appropriate Standing Committee to
hear from the public with respect to the proposed changes to Traffic and
Parking By-law related to the new parking fees; and,
it being noted that the Civic Works
Committee heard a verbal delegation from J. MacDonald, Executive Director,
Downtown London, with respect to this matter. (2012-S09-00)
|
|
Councillor W.J. Armstrong leaves the meeting
at 10:41 PM.
|
|
Motion made by Councillor D. Brown and
seconded by Councillor S. Orser to Amend part b) of clause 20 to read as
follows:
That NO ACTION BE TAKEN to implement
new paid on-street evening parking at this time.
|
|
Motion Passed
YEAS: J.F. Fontana, B. Polhill, J.B. Swan,
S. Orser, J.L. Baechler, N. Branscombe, M. Brown, P. Hubert, D.G. Henderson,
P. Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant, S.E. White (14)
|
|
Motion made by Councillor H.L. Usher,
seconded by Councillor D. Brown, to delete part c) of clause 20 as it is
redundant.
Motion Passed
|
|
The motion to adopt clause 20, as amended,
is put.
Motion Passed
YEAS: J.F. Fontana, B. Polhill, J.B. Swan,
S. Orser, J.L. Baechler, N. Branscombe, M. Brown, P. Hubert, D.G. Henderson,
P. Van Meerbergen, D. Brown, J.P. Bryant, S.E. White (13)
NAYS: H.L. Usher (1)
|
Motion made by Councillor H.L. Usher to
Approve clauses 21 to 30.
Councillor W.J. Armstrong enters the meeting
at 10:45 PM.
At 10:45 PM His Worship the Mayor places
Councillor M. Brown in the Chair and leaves the meeting.
Pursuant to section 17.2 of the Council
Procedure By-law, Councillor S.E. White calls for a separate vote on clause 21.
|
That, on the recommendation of the Acting
Executive Director, Planning, Environmental and Engineering Services and City
Engineer, the following actions be taken with respect to the pay and display
parking meters:
a) the
approval hereby BE GIVEN to enter into negotiations for the purchase of pay
and display parking meters for a 3-year period with Cale Systems Inc, 21
Hartsville Avenue, Toronto, Ontario, in accordance with the Procurement of
Goods and Services Policy, Section 14.4 Single Source, Clauses (d) and (e);
b) the
Civic Administration BE AUTHORIZED to undertake all the administrative acts
that are necessary in connection with this contract;
c) the
approval hereby given BE CONDITIONAL upon the Corporation negotiating
satisfactory prices, terms and conditions with Cale Systems Inc. to the
satisfaction of the Acting Executive Director, Planning, Environmental and
Engineering Services and City Engineer;
d) the
approval hereby given BE CONDITIONAL upon the Corporation entering into a
formal contract or having a purchase order relating to the subject matter of
this approval; and,
e) the
funding for this project BE APPROVED as set out in the Sources of Financing
Report provided as Appendix “A” to the associated staff report, dated April
2, 2012.
|
The motion to Approve clause 21 is put.
|
Motion Passed
YEAS: B. Polhill, W.J. Armstrong, J.B.
Swan, S. Orser, J.L. Baechler, N. Branscombe, M. Brown, P. Hubert, D.G.
Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant, S.E. White
(14)
NAYS: J.F. Fontana (1)
|
|
That, on the recommendation of the Acting
Executive Director, Planning, Environmental and Engineering Services and City
Engineer, the attached proposed by-laws (Appendix “A”) and (Appendix “B”) BE
INTRODUCED at the Municipal Council meeting to be held on April 10, 2012, for
the purpose of amending the By-law PS-111 entitled, “A by-law to regulate
traffic and the parking of motor vehicles in the City of London” for Horn
Street, Perry Street and Queens Avenue. (2012-S09-00)
|
|
That, on the recommendation of the Acting
Executive Director, Planning, Environmental and Engineering Services and City
Engineer, the attached proposed by-law (Appendix “A”) BE INTRODUCED at the
Municipal Council meeting to be held on April 10, 2012, for the purpose of
amending the Traffic and Parking By-law PS-111, entitled “A by-law to
regulate traffic and the parking of motor vehicles in the City of London” as
it relates to No Stopping, No Parking, Limited Parking and Bus Stops and
School Bus Loading Zones. (2012-S09-00)
|
|
That the following actions be taken with
respect to the 2012 Annual Warranted Sidewalk Program:
a) the
report dated April 2, 2012, from the Acting Executive Director, Planning and
Environmental and Engineering Services and City Engineer, with respect to
2012 Annual Warranted Sidewalk Program BE RECEIVED for information;
b) the
area between Glenroy Road at Pond View Terrace BE REFERRED to the Civic
Administration for consideration with the Warranted Sidewalk Program; it
being noted that the Civic Works Committee heard a verbal request from
Councillor S. White with respect to this matter; and,
c) the
Civic Administration BE REQUESTED to ensure that no trees are removed as part
of the proposed construction for Fremont Avenue. (2012-S08-00)
|
|
That the report dated April 2, 2012, from
the Acting Executive Director, Planning, Environmental and Engineering
Services and City Engineer, with respect to the condition survey results on
manholes in major intersections, BE RECEIVED for information. (2012-S08-00)
|
|
That the report from the Acting Executive
Director, Planning, Environmental and Engineering Services and City Engineer,
with respect to public information videos, BE RECEIVED for information.
|
|
That the following actions be taken with
respect to the Dundas Street watermain maintenance:
a) the
report dated April 2, 2012, from the Acting Executive Director, Planning,
Environmental and Engineering Services and City Engineer, with respect to the
Dundas Street watermain maintenance BE RECEIVED for information; and,
b) the
Downtown Master Plan improvements BE IMPLEMENTED in two to three years, with
a report back to the Civic Works Committee on the implementation plan and
process. (2012-W13-00)
|
|
Motion made by Councillor J.P. Bryant and
seconded by Councillor H.L. Usher to Amend clause 27 to add a new part c)
requesting the Civic Administration to report back at the April 23, 2012
meeting of the Civic Works Committee with respect to the status of the
implementation plan and process report noted in b), above, and details as to
proposed sources of financing so that the Downtown Master Plan improvements
can be properly planned for in upcoming budgets.
|
|
Motion Passed
YEAS: B. Polhill, W.J. Armstrong, J.B.
Swan, S. Orser, J.L. Baechler, N. Branscombe, M. Brown, P. Hubert, D.G.
Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant, S.E. White
(14)
|
|
That, on the recommendation of the
Director, Building Controls and Chief Building Official, the following
actions be taken with respect street renaming of Headley between Oxford
Street West and Headley Drive:
a) Headley
between Oxford Street West and Headley Drive BE RENAMED to Headley Gate,
effective May 1, 2012;
b) the City of London BE REQUIRED
to pay for the cost of street signage; and,
c) the
attached proposed by-law BE INTRODUCED at the Municipal Council meeting to be
held on April 10, 2012, to approve the renaming of Headley to Headley Gate;
and,
it being pointed out that there were no
oral submissions made at the public participation meeting held in connection
with this matter. (2012-D17-00)
|
|
That, on the recommendation of the
Director, Building Controls and Chief Building Official, the following
actions be taken with respect the street renaming of Cedarpark Drive:
a) Cedarpark
Drive on Plan 33M-580 BE RENAMED to Guiness Way, effective May 1, 2012;
b) the City of London BE REQUIRED
to pay for the cost of street signage; and,
c) the
attached proposed by-law BE INTRODUCED at the Municipal Council meeting to be
held on April 10, 2012, to approve the renaming of Cedarpark Drive to Guiness
Way; and,
it being pointed out that there were no
oral submissions made at the public participation meeting held in connection
with this matter. (2012-D17-00)
|
|
That, on the recommendation of the Acting
Executive Director, Planning, Environmental and Engineering Services and City
Engineer, the following actions be taken with respect to the development of a
Road Safety Strategy for the City of London:
a) the
Terms of Reference for the Road Safety Strategy for the City of London as set
out in Appendix ‘A’ to the Staff report dated April 2, 2012 BE APPROVED;
b) a
budget in the amount of $200,000, excluding H.S.T., for the development of
the Road Safety Strategy BE APPROVED; it being noted that this budget is
available within TS4040, Traffic Studies; and,
it being noted that the Civic Works
Committee heard the attached presentation from the Manager, Transportation,
Planning and Design, with respect to this matter. (2012-S09-00)
|
The
motion to Approve clauses 22 to 26, clause 27, as amended, and clauses 28 to 30
is put.
Motion
Passed
YEAS: B. Polhill, W.J. Armstrong, J.B. Swan,
S. Orser, J.L. Baechler, N. Branscombe, M. Brown, P. Hubert, P. Van Meerbergen,
D. Brown, J.P. Bryant, S.E. White (12)
NAYS: D.G. Henderson, H.L. Usher (3)
Motion made by Councillor B. Polhill and
seconded by Councillor S. Orser, to Approve that pursuant to section 13 of the
Council Procedure By-law, the actions of the Municipal Council to approve
clauses 22 to 26, clause 27, as amended, and clauses 28 to 30 BE RECONSIDERED.
Motion Passed
At 10:51 PM His Worship the Mayor enters the
meeting, resumes the Chair and Councillor P. Hubert takes his seat at the
Council Board.
The motion to clauses 22 to 26, clause 27, as
amended, and clauses 28 to 30 is put.
Motion Passed
YEAS: J.F. Fontana, B. Polhill, W.J.
Armstrong, J.B. Swan, S. Orser, J.L. Baechler, N. Branscombe, M. Brown, P.
Hubert, D.G. Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant,
S.E. White (15)
Motion
made by Councillor H.L. Usher to Approve clauses 31 and 32.
|
That the report dated April 2, 2012, from
the Acting Executive Director, Planning, Environmental and Engineering
Services and City Engineer, with respect to the future of water and
wastewater system and rates in London BE RECEIVED for information; it being
noted that the Civic Works Committee heard the attached presentation from the
Acting Executive Director, Planning, Environmental and Engineering Services
and City Engineer, and received a communication dated April 2, 2012, from C.
Gupta, with respect to this matter.
|
|
Motion made by Councillor H.L. Usher and
seconded by to Approve clause 31
|
|
Motion Passed
YEAS: J.F. Fontana, B. Polhill, W.J.
Armstrong, J.B. Swan, S. Orser, J.L. Baechler, N. Branscombe, M. Brown, P.
Hubert, D.G. Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant
(14)
Motion made by Councillor B. Polhill and
seconded by Councillor D. Henderson that pursuant to section 2.4 of the
Council Procedure By-law, section 11.10 of the said by-law be suspended for
the purpose of permitting the meeting to proceed beyond 11:00 PM.
Motion Passed
|
|
That in accordance with Section 17.6 of the
Council Procedure By-law, the attached Staff report related to a fixed rate
for water and sanitary charges BE REFERRED to the Municipal Council for its
disposition; it being noted that the Civic Works Committee (CWC) was unable
to reach a majority decision with respect to this matter.
(2012-W10-00/F17-00)
|
|
Motion made by Councillor P. Van Meerbergen
and seconded by Councillor B. Polhill to Refer clause 32 back to Civic
Administration for a report back at a future meeting of the Civic Works
Committee with a proposed comprehensive model which would include all phases
of implementation of a new rate structure for water and wastewater.
|
|
At 11:35 PM His Worship the Mayor places
Councillor P. Hubert in the Chair and takes a seat at the Council Board.
At 11:52 PM His Worship the Mayor resumes
the Chair and Councillor P. Hubert takes his seat at the Council Board.
Councillor S.E. White leaves the meeting at
11:57 PM.
|
|
The motion to Refer clause 32 is put.
|
|
Motion Passed
YEAS: J.F. Fontana, B. Polhill, W.J.
Armstrong, J.B. Swan, S. Orser, J.L. Baechler, N. Branscombe, M. Brown, P.
Hubert, D.G. Henderson, P. Van Meerbergen, D. Brown, H.L. Usher (13)
NAYS: J.P. Bryant (1)
|
Motion
made by Councillor H.L. Usher to Approve clauses 33 and 34.
|
That the communication dated March 21,
2012, from Councillor J. Swan, with respect to parking violations on
Roehampton Avenue, BE REFERRED to the Civic Administration for review, and
report back to the Ward Councillor. (2012-S04-00)
|
|
34.
|
Guardrail on
Glanworth Drive
|
|
That the communication dated March 13,
2012, from J. and J. Fraser, with respect to a request for a guardrail on
Glanworth Drive, BE REFERRED to the Civic Administration for review, and
report back to the Ward Councillor.
|
|
Motion made by Councillor H.L. Usher and
seconded by Councillor B. Polhill to Amend clauses 33 and 34 to reflect the
report coming back to the Civic Works Committee, rather than the Ward
Councillor.
|
|
Motion Passed
YEAS: J.F. Fontana, B. Polhill, W.J.
Armstrong, J.B. Swan, S. Orser, J.L. Baechler, N. Branscombe, M. Brown, P.
Hubert, D.G. Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant
(14)
|
|
The motion to Approve clauses 33 and 34 is
put.
Motion Passed
YEAS: J.F. Fontana, B. Polhill, W.J.
Armstrong, J.B. Swan, S. Orser, J.L. Baechler, N. Branscombe, M. Brown, P.
Hubert, D.G. Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant
(14)
|
|
|
|
|
Motion made by Councillor J.B. Swan to
Approve clauses 1 – 5.
|
|
No pecuniary interests were dislosed.
|
|
That, on the recommendation of the City
Treasurer, Chief Financial Officer and the Managing Director – Corporate
Assets the report dated March 27, 2012 with respect to the “People in the
City” artwork BE RECEIVED for information.
|
|
That, on the recommendation of the City
Treasurer, Chief Financial Officer and the Director of Corporate
Communications, the following actions be taken with respect to the
development of Council’s Economic and Investment Economic Prosperity Plan and
the associated communications plan:
a) the
approach, process, timetable and next steps for the development of a 10-year
Plan identified within the attached presentation entitled “Developing
Council’s Investment and Economic Prosperity Plan”, dated March 27, 2012 from
the City Treasurer, Chief Financial Officer, BE APPROVED; and,
b) the
next steps for the development of an associated communications plan
identified within the presentation entitled “Investment & Economic
Prosperity Plan - Communicating the Plan; Engaging the Public”, dated March
27, 2012 from the Director of Corporate Communications, BE APPROVED.
|
|
Motion made by and seconded by to
Approve Motion to Approve that the communication dated March 2, 2012 from the
London and St. Thomas Association of Realtors, with respect to Housing and
the Economy, BE RECEIVED.
|
|
That the Civic Administration BE DIRECTED
to bring back a report with recommended tools and incentives to attract
businesses to London.
|
|
Motion Passed
YEAS: J.F. Fontana, W.J. Armstrong, J.B.
Swan, J.L. Baechler, N. Branscombe, M. Brown, P. Hubert, D.G. Henderson, P.
Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant (12)
NAYS: S. Orser (1)
|
|
Motion made by Councillor D. Brown to
Approve clauses 1 and 2.
|
|
No pecuniary interests were disclosed.
|
|
That the following actions be taken with
respect to the attached proposed Public Nuisance By-law entitled “A by-law to
prohibit and regulate public nuisances within the City of London”, in order
to address nuisance parties and gatherings;
a) the
Public Safety Committee (PSC) supports in principle the proposed Nuisance
By-law;
b) that
the proposed by-law BE REFFERED to a special PSC meeting to be held in May
2012;
c) the
proposed by-law BE REFERRED to Civic Administration and the Town and Gown Committee
for further review;
d) the
Near Campus Strategy, including modification of zoning by-law, BE CIRCULATED
to Municipal Council and the Town and Gown Committee;
e) the
Civic Administration BE REQUESTED to contact the Ministry of Municipal
Affairs and Housing to discuss possible changes to the Planning Act to
restrict the number of students per household; and,
f) the
Town & Gown Committee BE REQUESTED to review the possibility of enacting
a Student Code of Conduct;
it being noted that
the Public Safety Committee heard the attached presentation from the
Manager, Bylaw Enforcement, and a verbal delegation from B. Duncan, Chief,
and received written submissions from the following, with respect to this
matter;
• D.
Pellarin, dated April 2, 2012
• E. A.
Smuck, dated March 30, 2012
• H. W.
Rundle, dated March 30, 2012
• A.
Mahon, dated March 29, 2012
• F.
Fontaine, dated March 29, 2012
• M.
MacLean, dated March 29, 2012
• V. F.
Norejko, dated March 22, 2012
• C.
Engelmeyer, dated April 1, 2012
• G. Wild
& J. Kasperski Wild, dated April 2, 2012
• C.
Joles, dated April 2, 2012
it being pointed
out that at the public participation meeting associated with this matter, the
following individuals made an oral submission in connection therewith;
• Joe Hoffer, Cohen
Highley – advising that the London Property Management Association (LPMA)
supports the by-law; noting that LPMA has approximately 500 members; advising
that the LPMA rents to students and that the vast majority are good tenants;
indicating that this is of equal concern to all landlords, as all landlords
have an interest in their properties; recommending that the Council seek the
ability of the Province to get unpaid fines collected through the
issuance/renewal of drivers licenses; advising that a weakness is the
prohibition of one or any items such as litter on the lawn; recognizing that
the intent is the nuisance parties and indicating that it is overreaching as
any citizen can call the Police.
• Dennis Pellarin,
1019 Waterloo Street – providing comments as outlined in the attached
communication.
• O. Hobson, 43
Evergreen Avenue – expressing opposition to the proposed by-law; indicating
that the by-law is being rammed through as a quick fix; advising that it
increases the discretionary powers of the police; indicating that the police
are the after-hours by-law enforcement already; advising that there should
be an honest public review; enquiring as to why the failure happened;
indicating that there is no sense of respect, which needs to be taught; requesting
a review of the efforts being undertaken; advising that there have been
positive initiatives undertaken, such as the public gardens; indicating that
the prevention of the behavior should be focused on and advising that this is
not a positive by-law.
• Michael, resident
of London – suggesting that the preventative measures should be creative; and
that partying is the first priority for students, with learning being the
second priority.
• Derek McBurney,
#4-406 South Street – advising that a loophole of the by-law is that it
doesn’t determine how to handle a person who doesn’t take responsibility and
advising that small groups are invited to parties and it gets out of control.
• Pauline House,
resident of London – indicating that she lives in Huron Heights, Phase 1 and
expressing panic when a for sale sign goes up that her area is next,
advising that there should be no tolerance for these instances; advising that
the residents are working to engage the students; enquiring as to how this
gets controlled so that it doesn’t happen; advising that at 3:30 p.m. on St.
Patrick’s Day, students were throwing cups at cars and pedestrians on
Cheapside Street; enquiring as to how to make those responsible pay fines and
enquiring as to whether or not a limit on the number of students living in
one house can be enforced.
• Dave Jones –
enquiring as to who has the authority to order the by-law to be in effect;
and enquiring as to what constitutes a party; it being noted that Police
Chief Brad Duncan responded to Mr. Jones’ enquiries.
• Rene, resident of
London – expressing opposition to the by-law; and enquiring why the community
has to be punished for the actions of some students.
• Greg Anthony –
advising that he is a London Property Management Association member and a
real estate representative; advising that 1/3 of the group involved in the
March 17th incident were minors; enquiring as to how this by-law addresses
minors; and suggesting that parents be held accountable.
• Veronica Barahona,
Fanshawe Student Union – advising that this is not a campus issue; advising
that the by-law is too immediate and too reactive; recommending that the Town
and Gown Committee review this by-law as it targets students.
• Steve, resident of
London – indicating that he is a proud Fanshawe College graduate; advising
that he delivered a proactive proposal to Fanshawe College, the London Police
and Ward Councillors a couple of weeks ago; and enquiring as to why the
Liquor Control Board of Ontario is not contacted as to how minors were able
to get alcohol.
• Valerie Miretti,
resident of London – advising that she lives near the University of Western
Ontario and is currently attending Fanshawe College; indicating that the
proposed measures are fine and indicating that the citizens are helping.
• Patrick Searle,
University of Western Ontario Students Council – advising that students and
leaders support the economy; advising that the majority are good students,
with a few bad apples; enquiring as to who is responsible for the overflow on
someone else’s lawn; enquiring as to whether or not the proposed by-law is
proactive or reactive and encourage that everyone stand together.
• William Rosas –
indicating that the government has gone too far as the by-law restricts
freedom; advising that the by-law is too vague; indicating that allowing
discretion is too dangerous and that the by-law infringes on civil rights.
• Peter Tamburas –
advising that this is an ethical issue and enquiring as to how the incident
on Fleming Drive justifies the proposed by-law.
• Rocky Miretti –
expressing support for the proposed by-law; advising that the by-law shows
accountability; advising that it protects the integrity of the neighburhoods
in the community; advising that the number of rental properties is
increasing; and suggesting that someone look at repeat complaints about
rental properties and address the problem properties.
• Eugene Petroli –
enquiring as to whether Police receive advice when a party exceeds fire
by-laws; and recommending that students be proactively educated on the fire
code and acceptable occupancy.
• Wayne Hargrove,
resident of London – expressing support for the proposed by-law; advising
that he moved out of Fleming Drive in 2009 because his family feared for
their safety; advising that 3 or more people constitutes an unlawful assembly
and enquiring as to whether or not you can restrict the use of glass in
specific areas.
• Joanna – advising
that the by-law is reactive.
• Heather Enger –
Hartlet St – indicating that she doesn’t understand why these parties are
held on the front lawn; advising that she did not see the police on St.
Patrick’s Day; advising that she is a landlord and lives in the area of her
rental property; advising that she has fantastic students and that the rental
property is an investment; indicating that she has previously complained to
By-law Enforcement about the number of students living in a house; enquiring
as to how we enforce 2 and 3 bedroom units being listed as 4 and 5 bedroom
units and requesting that the by-law not be rushed through as there is enough
power without updating the by-law.
• Darryl Torium –
advising that he is a local landlord; indicating that he has had great
success with students and they do contribute to the community; advising that
this was a few bad apples; advising that he has tenants he has been
attempting to evict for the last three months; indicating that he would like
to add something to the by-law to give the University of Western Ontario and
Fanshawe College the power to penalize, such as withholding grades or
expelling students for their behavior.
• Bill Brock –
advising that respect needs to be given from both sides; advising that Civil
unrest is not a reason to riot or defy authority; advising that this is
off-campus authority; indicating that a solution would be for Fanshawe
College to buy up the area properties and control the housing; and requesting
the the community be given more time for dialogue.
• Brian Gibson –
advising that he lives in Ward 2; enquiring as to whether or not landlords
can be encouraged to self-police their own property; advising that there is a
need to address the event spillover onto other properties; encouraging more
public participation with the students and the community; advising that there
is always more that can be done and recommending that healthy activities for
students be encouraged.
• Edgar Allen Smuck,
928 Western Road – presenting information included on the Public Safety
Committee Added Agenda.
• Amanda Alison –
advising that she is a Fanshawe College graduate; indicating that social
media invites everyone to a party; and enquiring as to whether or not the
social media can be monitored so that events can be nipped in the bud.
• Darryl Bedford,
OPSEU President – advising that many students are affected and the reputation
of the College is on the line.
• Michael Dee –
advising that he is an area resident and landlord; advising that he agrees
with instituting a code of conduct; indicating that a damage deposit is
another tool used in other communities; and it may help the landlord to
improve tenant accountability.
• Joanna Markum –
advising that Fanshawe opens up their green space and parking lots to host
large parties.
• Meredith Fontaine –
enquiring as to how often the Police are called onto campus for party issues;
advising that students don’t belong in residential family homes; indicating
that there was no police presence from 8:30 a.m. to 4:30 p.m., the following
day; and indicating that this issue has been discussed for 15 years.
• Ted WillIams –
expressing support for this proactive step; advising that the problems on
Fleming Drive are Fanshawe College’s responsibility; indicating that Fanshawe
should be held responsible for student behaviour and advising that it is the
cost of doing business.
• Sandra Boerson –
indicating that this is reactive; indicating that this only deals with a
small part of the problem; advising that being connected and encouraging
engagement doesn’t help; advising that the party should have been stopped at
200 people; advising that a mattress was burnt near the University of Western
Ontario on the same night; advising that there are not enough police;
advising that codes of conduct do make a difference and the students get the
message that no one cares.
• Irvine – advising
that he lives north of Cheapside Street; indicating that a majority of the
students are fabulous; enquiring as to whether or not there is a law limiting
rental properties, how many students are allowed in each house, the fire
regulations, and parking for cars; and advising that rental property is a
business venture in a residential area.
• Cynthia
Eldridge, Second St – spoke to the need to provide positive role models for
the students through the use of community organizations.
• Barb Louanny –
advising she was originally informed that this area was zoned as
single-family homes but recently was advised that it is no longer zoned for
single-family residences and enquiring as to what has changed.
• Shirley
Williams - indicating support for the by-law and concerns for resale value of
homes in the neighbourhood and enquiring whether steps are in place for the
May 24th weekend.
|
|
Motion made by Councillor J.P. Bryant and
seconded by Councillor J.B. Swan to Amend clause 2, to add a new part g) as
follows:
g) the
London Police Services Board BE REQUESTED to ask the Chief of Police
to submit a report to the Public Safety Committee, after each occasion where,
if adopted, this by-law is utilized, providing information on why the by-law
was utilized; if the situation in question was extraordinary; what occurred;
and, in retrospect, if the by-law was necessary to address the situation.
|
|
Motion Passed
YEAS: J.F. Fontana, B. Polhill, W.J.
Armstrong, J.B. Swan, S. Orser, J.L. Baechler, N. Branscombe, M. Brown, P.
Hubert, D.G. Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant
(14)
|
The
motion to adopt clause 1 and clause 2, as amended, is put.
Motion Passed
YEAS:
J.F. Fontana, B. Polhill, W.J. Armstrong, J.B. Swan, S. Orser, J.L. Baechler,
N. Branscombe, M. Brown, P. Hubert, D.G. Henderson, P. Van Meerbergen, D.
Brown, H.L. Usher, J.P. Bryant (14)
None.
Motion made by Councillor N. Branscombe and seconded
by Councillor W.J. Armstrong to reconsider the Minutes of the Sixth Meeting Held
on March 20 and 21, 2012 as it relates to clause 20 of the 6th Report of the
Planning and Environment Committee.
Motion Passed
Motion made by Councillor N. Branscombe,
seconded by Councillor W.J. Armstrong, to Amend the Minutes of the Sixth
Meeting Held on March 20 and 21, 2012 in paragraph 7 of Page 28 so that part d)
of clause 20 of the 6th Report of the Planning and Environment Committee would
read “d) the Approval Authority BE REQUESTED to prohibit access to Huron
Street;”.
Motion Passed
|
Motion made by Councillor S. Orser and
seconded by Councillor J.B. Swan, to Approve that pursuant to section 18.2 of
the Council Procedure By-law leave be given for the introduction of an emergent
motion with respect to Council Indemnification.
|
|
Motion made by Councillor D. Henderson,
seconded by Councillor J.B. Swan, that each Council Member involved in the
current Ombudsman’s investigation into an alleged meeting at a local
restaurant BE INDEMNIFIED under the Indemnification By-law for Members of
Council.
|
|
Motion Passed
YEAS: J.F. Fontana, B. Polhill, W.J.
Armstrong, J.B. Swan, S. Orser, D.G. Henderson, P. Van Meerbergen, D. Brown
(8)
NAYS: J.L. Baechler, N. Branscombe, M.
Brown, P. Hubert, H.L. Usher, J.P. Bryant (6)
|
|
Motion made by Councillor J.L. Baechler and
seconded by Councillor S. Orser to Approve that, pursuant to section 18.2 of
the Council Procedure By-law, leave be given for the introduction of an
emergent motion with respect to the scheduling of a Special Strategic Priorities
and Policy Committee meeting to review the report of the Striking Committee related
to appointments to the City’s Advisory Committees.
|
|
Motion Passed
YEAS: J.F. Fontana, B. Polhill, W.J.
Armstrong, J.B. Swan, S. Orser, J.L. Baechler, N. Branscombe, M. Brown, P.
Hubert, D.G. Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant
(14)
|
|
Motion made by Councillor D. Brown and
seconded by Councillor J.B. Swan to Approve that a Special Meeting of the
Strategic Priorities and Policy Committee BE HELD on Wednesday, June 6, 2012
at 4:00 p.m. to consider the Striking Committee’s recommendations related to
appointments to the Municipal Council’s Advisory Committees.
|
|
Motion Passed
YEAS: J.F. Fontana, W.J. Armstrong, J.B.
Swan, S. Orser, J.L. Baechler, N. Branscombe, M. Brown, P. Hubert, D.G.
Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant (13)
NAYS: B. Polhill (1)
|
|
BY-LAWS
TO BE READ A FIRST, SECOND AND THIRD TIME:
|
|
Motion made by Councillor D. Brown and
seconded by Councillor J.B. Swan to Approve 1st reading of Bill No.’s 135
to158 and Bill No.’s 160 to 182, and Bill No.’s 186 to 190.
|
|
Motion Passed
YEAS: J.F. Fontana, B. Polhill, W.J.
Armstrong, J.B. Swan, S. Orser, J.L. Baechler, N. Branscombe, M. Brown, P.
Hubert, D.G. Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant
(14)
|
|
Motion made by Councillor B. Polhill and
seconded by Councillor D. Brown to Approve 2nd reading of Bill No.’s 135
to158 and Bill No.’s 160 to 182, and Bill No.’s 186 to 190.
|
|
Motion Passed
YEAS: J.F. Fontana, B. Polhill, W.J.
Armstrong, J.B. Swan, S. Orser, J.L. Baechler, N. Branscombe, M. Brown, P.
Hubert, D.G. Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant
(14)
|
|
Motion made by Councillor B. Polhill and
seconded by Councillor D. Brown to Approve 3rd reading and enactment of Bill
No.’s 135 to158 and Bill No.’s 160 to 182, and Bill No.’s 186 to 190.
|
|
Motion Passed
YEAS: J.F. Fontana, B. Polhill, W.J.
Armstrong, J.B. Swan, S. Orser, J.L. Baechler, N. Branscombe, M. Brown, P.
Hubert, D.G. Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant
(14)
|
|
Bill
No. 135, By-law No. A.-
|
|
A by-law to confirm
the proceedings of the Council Meeting held on the 10th day of April, 2012.
(City Clerk)
|
|
|
|
|
|
Bill
No. 186
By-law
No. A.-6814-136
|
|
A By-law
to authorize an Agreement between The Corporation of the City of London and
London District Catholic School Board, and to authorize the Mayor and City Clerk
to execute the Agreement. (/FASC)
|
|
Bill
No. 187
By-law
No. C.P.-1284(se)-137
|
|
A by-law to amend the Official Plan for the
City of London, 1989 relating to 160 Southdale Road West. (2/9/PEC)
|
|
Bill
No. 188
By-law
No. L.S.P.-3420-138
|
|
A by-law to expropriate lands in the City
of London, in the County of Middlesex, for the completion of the Southdale
Road West Widening Project between Wharncliffe Road South and Wonderland Road
South. (/)
|
|
Bill
No. 189
By-law
No. Z.-1
|
|
A by-law to amend By-law No. Z.-1 to rezone
an area of land located 160 Sunningdale Road West. (2/9/PEC)
|
|
Bill
No. 190
By-law
No. Z.-1
|
|
A by-law to amend By-law No. Z.-1 to rezone
an area of land located at 1602 Sunningdale Road West. (27-9/PEC)
|
|
MOTION
FOR IN CAMERA SESSION
|
|
d)
|
A
matter pertaining to advice that is subject to solicitor-client privilege,
including communications necessary for that purpose, as it relates to property
located on the south side of Exeter Road, west of Wellington Road, consisting
of lands with an area of 17 hectares subdivided into 36 lots known as
Shamrock Subdivision (Plan 33M-272) and 595 Exeter Road, which currently has
two (2) existing commercial buildings located on the premises. (FASC)
|
|
Motion Passed
YEAS: J.F. Fontana, B. Polhill, J.B. Swan,
S. Orser, J.L. Baechler, M. Brown, P. Hubert, D. Brown, H.L. Usher, J.P.
Bryant (10)
NAYS: N. Branscombe, P. Van Meerbergen (2)
|
The
Council rises and goes into Committee of the Whole, in camera, at 1:13 AM with
Mayor J. Fontana in the Chair and all Members present except Councillor S.E.
White.
Councillor
B. Polhill leaves the meeting at 1:30 AM.
V.
McAlea Major leaves the meeting at 1:35 AM.
The
Committee of the Whole rises and Council resumes in public session at 1:45 AM.
|
|
6th
Report of the Committee of the Whole
Councillor
P. Hubert presents.
|
PRESENT: Mayor J. Fontana,
Councillors B. Polhill, W.J. Armstrong, J.B. Swan, S. Orser, J.L.Baechler, N.
Branscombe, M. Brown, P. Hubert, D.G. Henderson, P. Van Meerbergen, D. Brown,
H.L. Usher, J.P. Bryant and C. Saunders (City Clerk).
ALSO PRESENT: T. Dobbie, J.
Braam, R.L. Fair, M. Hayward, J.P. Barber, G. Belch, J.M. Fleming, G.T. Hopcroft,
J. Logan, V. McAlea Major, D. Mounteer, L.M. Rowe, B. Warner and B.
Westlake-Power.
|
1. That,
as a procedural matter pursuant to Section 239 (6) of the Municipal Act,
2001, the following recommendation be forwarded to City Council for
deliberation and a vote in public session:
That,
on the
recommendation of
the Managing Director -
Corporate Assets, on the advice of the Manager, Realty Services, with
respect to the vacant property owned by Southside
Construction Management Limited, municipally known
as 1391 Adelaide Street North, the following actions be taken:
a) the
offer submitted by Southside Construction Management Limited (“Southside”) to
sell to the City land municipally
known as
1391 Adelaide
Street North,
located on the west side of Adelaide Street North, north of Windermere Road,
further described
as Part
of Lot
6, Plan 771
and Part
Lot 13,
Concession 4,
(Geographic Township
of London),
containing an
area of
approximately 19
acres, for the sum of
$710,000.00, BE ACCEPTED SUBJECT
TO
the following
conditions:
i) the City
agreeing to
pay a further sum of
$140,000.00 plus HST for a part of Southside’s
verified holding costs
incurred over
the period
since its
acquisition in
2006;
ii) the
City agreeing to accept the property on an “as is” basis; and
b) the
source of financing for this acquisition BE APPROVED as set out in the
Source of Financing Report attached hereto as Appendix “B”.
Motion Passed
|
|
BY-LAWS
TO BE READ A FIRST, SECOND AND THIRD TIME (continued):
|
|
Motion made by Councillor P. Hubert and
seconded by Councillor J.L Baechler to Approve leave for the introduction of
Bill No. 184.
|
|
Motion Passed
|
|
Motion made by Councillor P. Hubert and
seconded by Councillor J.L Baechler to Approve 1st reading of Bill No. 184.
|
|
Motion Passed
|
|
Motion made by Councillor P. Hubert and
seconded by Councillor D. Brown to Approve 2nd reading of Bill No. 184.
|
|
Motion Passed
|
|
Motion made by Councillor P. Hubert and
seconded by Councillor S. Orser to Approve 3rd reading and enactment of Bill
No. 184 and Bill No.’s 186 to 190, inclusive.
|
|
Motion Passed
|
|
Bill
No. 184
By-law
No. A.-6812-134
|
A by-law to accept the offer submitted by
Southside Construction Management to sell to the City the property located at
1391 Adelaide Street North, and to authorize the Mayor and City Clerk to
execute the Agreement of Purchase and Sale. (/FASC)
|
|
|
11th
Report of the Finance and Administrative Services Committee
(continued)
|
The motion made by Councillor P. Van
Meerbergen and seconded by Councillor D. Henderson that clause 4 be referred
back to staff to discuss options, based upon potential interest in the site is
put.
Motion
Failed
YEAS: D.G.
Henderson, P. Van Meerbergen (2)
NAYS:
J.F. Fontana, W.J. Armstrong, J.B. Swan, S. Orser, J.L. Baechler, N.
Branscombe, M. Brown, P. Hubert, D. Brown, H.L. Usher, J.L. Bryant (11)
Motion made by Councillor J.L. Baechler,
seconded by Councillor J.B. Swan, that clause 4 be Amended so that section 3.03
of the agreement appended to the proposed by-law reads as follows:
This Agreement shall
be effective for a term of Two (2) years from the date of execution and shall
be complete and at an end upon the expiry of the term without any further
opportunity for an extension. If at any time prior to the date of
termination in this section the Owner has not commenced or is not diligently
undertaking the required site remediation, then this Agreement shall be at an
end and neither party shall be liable to the other for any costs or damages.
Motion
Passed
The motion made by Councillor P. Hubert and
seconded by Councillor D. Brown to Amend clause 4 to read as follows, subject
to the amendment passed above, is put:
That, on the recommendation of the City
Treasurer, Chief Financial Officer, the following actions be taken with respect
to property located on the south side of Exeter Road, west of Wellington Road,
consisting of an area of 17 hectares subdivided into 34 roll numbers, known as
Shamrock Subdivision (Plan 33M-272), and 595 Exeter Road, which currently has
two (2) existing commercial buildings located on the premises:
a) NO
ACTION BE TAKEN to proceed with a third tax sale or vest the subject lands
after any such tax sale at this time; and
b)
the
attached revised proposed by-law (Appendix “A”) BE INTRODUCED at
the Municipal Council meeting on April 10, 2012 to approve an agreement
substantially in the form attached as Schedule 1 to the by-law and to
the satisfaction of the City Solicitor, and to authorize the Mayor and the City
Clerk to execute the Agreement.
Motion
Passed
The
motion to adopt clause 4, as amended, is put.
Motion
Passed
|
BY-LAWS
TO BE READ A FIRST, SECOND AND THIRD TIME (continued):
|
|
Motion made by Councillor J.B. Swan and
seconded by Councillor S. Orser to Approve leave for the introduction of Bill
No. 185.
|
|
Motion Passed
|
|
Motion made by Councillor D. Brown and
seconded by Councillor P. Hubert to Approve 1st reading of Bill No. 185.
|
|
Motion Passed
|
|
Motion made by Councillor H.L. Usher and
seconded by Councillor S. Orser, to Approve 2nd reading of Bill No. 185.
|
|
Motion Passed
|
|
Motion made by Councillor D. Brown and
seconded by Councillor J. Swan to Approve 3rd reading and enactment of Bill
No. 185.
|
|
Motion Passed
|
|
Bill
No. 185
By-law
No. A.-6813-135
|
A by-law to approve an Agreement between
The Corporation of the City of London and Samuel John Shirley and to
authorize the Mayor and the City Clerk to execute the Agreement. (4/11/FASC)
|
|
|
|
Motion
made by Councillor P. Van Meerbergen, seconded by Councillor H.L. Usher to
Adjourn.
Motion
Passed
The
Meeting adjourned at 2:00 AM.
_________________________________
Joe
Fontana, Mayor
_________________________________
Catharine
Saunders, City Clerk