|
Council
MINUTES
17TH MEETING
|
|
October 22, 2013
|
|
The Council meets in Regular Session in the
Council Chambers this day at 4:08 PM.
|
|
PRESENT: Mayor J.F. Fontana, B. Polhill, B.
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: A. Zuidema, J.P. Barber, G.
Belch, J. Braam, B. Coxhead, S. Datars Bere, J.M. Fleming, M. Hayward, G.T.
Hopcroft, G. Kotsifas, L. Livingstone, D. MacRae, V. McAlea Major, D.
O’Brien, J. Parsons, R. Paynter, D. Popadic, M. Ribera, L.M. Rowe, E. Soldo
and B. Westlake-Power.
|
At the beginning of the Meeting all Members
are present except Councillors B. Armstrong, J.B. Swan and S.E. White.
|
At 4:09 PM, Councillor B. Armstrong enters
the meeting.
|
At 4:10 PM, Councillor J.B. Swan enters the
meeting.
|
Councillor J.B. Swan discloses a pecuniary
interest in clause 8 of the 12th Report of the Investment and Economic
Prosperity Committee, having to do with a request from Councillor D.
Henderson for permission to draft a performance centre proposal, by
indicating that his employer, Orchestra London, could be affected.
|
Councillor J.P. Bryant discloses a
pecuniary interest in clauses 2 and 7 of the 12th Report of the Investment
and Economic Prosperity Committee, having to do with an update on the
Fraunhofer Project Centre and London’s Medical Innovation and
Commercialization Network, respectively, by indicating that her husband is a
faculty member at Western University.
|
Councillor P. Hubert discloses a pecuniary
interest in clause 5 of the 12th Report of the Investment and Economic
Prosperity Committee, having to do with updates on the Employment Sector
Council London Middlesex and the London Middlesex Immigrant Employment
Council, by indicating that he is the Executive Director of a social services
agency with membership on those Councils and which is part of a job developer
network.
|
Councillor B. Polhill discloses a pecuniary
interest in clause 3 of the 22nd Report of the Planning and Environment
Committee, having to do with the property located at 613 Sovereign Road, by
indicating that his business is located within the circulation area.
|
|
Councillor M. Brown discloses a pecuniary
interest in clause 2 of the 17th Report of the Committee of the Whole and the
related added confidential item, having to do with a matter pertaining to the
purpose of instructions and directions to officers and employees of the
Corporation pertaining to a proposed acquisition and/or disposition of land;
advice that is subject to solicitor-client privilege, including
communications necessary for that purpose; reports or advice or
recommendations of officers and employees of the Corporation pertaining to a
proposed acquisition and/or disposition of land; commercial and financial
information supplied in confidence pertaining to the proposed acquisition
and/or disposition the disclosure of which could reasonably be expected to,
prejudice significantly the competitive position or interfere significantly
with the contractual or other negotiations of the Corporation, result in
similar information no longer being supplied to the Corporation where it is
in the public interest that similar information continue to be so supplied,
and result in undue loss or gain to any person, group, committee or financial
institution or agency; commercial, information relating to the proposed
acquisition and/or disposition that belongs to the Corporation that has
monetary value or potential monetary value; information concerning the
proposed acquisition and/or disposition whose disclosure could reasonably be
expected to prejudice the economic interests of the Corporation or its competitive
position; information concerning the proposed acquisition and/or disposition
whose disclosure could reasonably be expected to be injurious to the
financial interests of the Corporation; and instructions to be applied to any
negotiations carried on or to be carried on by or on behalf of the
Corporation concerning the proposed acquisition and/or disposition, by
indicating that he is employed by the Thames Valley District School Board.
|
None.
MOTION FOR IN CAMERA SESSION
|
Motion made by Councillor B. Polhill and
seconded by Councillor P. Hubert to Approve that Council rise and go into
Committee of the Whole, in camera, at 4:16 PM for the purpose of considering
the following:
|
Motion
Passed
YEAS: J.F. Fontana, B. Polhill, B. Armstrong,
J.B. Swan, S. Orser, J.L. Baechler, N. Branscombe, M. Brown, P. Hubert, D.G.
Henderson, P. Van Meerbergen, J.P. Bryant (12)
The Council rises and goes into Committee of
the Whole, in camera, at 4:19 PM, with Mayor J.F. Fontana in the Chair and all
Members present except Councillors H.L. Usher, P. Van Meerbergen and S.E.
White.
At
4:22 PM Councillor P. Van Meerbergen enters the meeting.
At
4:24 PM Councillor H.L. Usher enters the meeting.
At
4:28 PM Councillor S.E. White enters the meeting.
The Committee of the Whole rises at 4:38 PM
and Council resumes in regular session at 4:49 PM, with all Members present.
Motion made by Councillor B. Polhill and
seconded by Councillor P. Van Meerbergen to Approve the Minutes of 16th
meeting held on October 1, 2013.
|
Motion Passed
YEAS: J.F. Fontana, B. Polhill, B.
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 D. Brown to Approve that, on the recommendation of the
Deputy City Treasurer, the staff report dated October 22, 2013 with respect
to the Corporate Asset Management System Assessment and program pilot trials
BE RECEIVED and BE REFERRED to clause 2 of the 26th Report of the Corporate
Services Committee.
|
Motion Passed
YEAS: J.F. Fontana, B. Polhill, B.
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 to Approve clause 9.
That, on
the recommendation of the Director, Roads and Transportation, the following
actions be taken with respect to Veterans Memorial Parkway Noise Improvements:
a) the Civic
Administration BE DIRECTED to complete berm improvements along Simpson Crescent
by increasing the height of the berm by up to 1 m and at the south ends of the
development near Admiral Drive & Trafalgar Street, through a combination of
soil berm and noise wall panels as necessitated by property constraints, at a
total cost of $300,000; it being noted that these improvements meet the current
noise attenuation requirements and the City level of service; and,
b) the Civic
Administration BE DIRECTED to introduce a 2014 Service Improvement budget item
for the Veterans Memorial Parkway Noise Improvements;
it being
noted that the Civic Works Committee received the attached
presentation from D. MacRae with respect to this matter.
At 5:24 PM, His Worship the Mayor places
Councillor P. Hubert in the Chair and takes a seat at the Council Board.
|
At 5:33 PM His Worship the Mayor takes the
Chair and Councillor P. Hubert takes his seat at the Council Board.
|
Motion
made by Councillor P. Hubert and seconded by Councillor H.L. Usher to Approve
that clause 9 BE REFERRED back to the Director, Roads and Transportation to
take the following actions related to noise abatement along the Veterans
Memorial Parkway:
a)
investigate new materials that may be available for the
purpose of noise abatement on Veterans Memorial Parkway, between Simpson
Crescent and Trafalgar Street, at an up-set limit of $500,000, with noise
abatement measures to be completed in 2014; and,
b)
after the completion of the works noted in a), above,
undertake a review of the noise levels in the area to ensure that they are
below 60 decibels.
|
Motion Passed
YEAS: J.F. Fontana, J.B. Swan, M. Brown, P.
Hubert, D.G. Henderson, P. Van Meerbergen, D. Brown, H.L. Usher (8)
NAYS: B. Polhill, B. Armstrong, S. Orser,
J.L. Baechler, N. Branscombe, J.P. Bryant, S.E. White (7)
|
At
6:00 PM Councillor B. Armstrong leaves the meeting.
Pursuant to section 17.2 of the Council
Procedure By-law, Councillor M. Brown calls for a separate vote on clause 2.
Motion made by Councillor P. Van Meerbergen
to Approve clause 1, clauses 4 to 7 and clauses 10 to 14.
|
That it BE NOTED that no pecuniary
interests were disclosed.
|
That, on the recommendation of the Managing
Director - Environmental and Engineering Services and City Engineer, the following
actions be taken with respect to the construction of a sanitary sewer and
water main as part of the Local Improvement Program, on initiation, for the
Hyde Park Industrial Subdivision:
a) the
Local Improvement Report, as appended to the staff report dated October 7,
2013 as Appendix A, dated Monday October 7, 2013 for the construction, on
initiation, of a Sanitary Sewer at the said location, BE ADOPTED;
b) the
City Clerk BE AUTHORIZED to proceed under the provisions of the Municipal
Act, 2001, Ontario Regulation 119/03 with the publishing and the serving of
Notice of Municipal Council’s intention to undertake these works in
accordance with the following:
Location Owners’ Share
Corporation’s Share Gross Cost
Hyde Park Industrial $372,226.09 $
123,220.23 $495,486.32
Subdivision
c) the
Local Improvement Report, as appended to the staff report dated October 7,
2013 as Appendix B, dated Monday October 7, 2013 for the construction, on
initiation, of a watermain at the said location, BE ADOPTED;
d) the
City Clerk BE AUTHORIZED to proceed under the provisions of the Municipal
Act, 2001, Ontario Regulation 119/03 with the publishing and the serving of
Notice of Municipal Council’s intention to undertake these works in
accordance with the following:
Location Owners’ Share
Corporation’s Share Gross Cost
Hyde Park Industrial $211,572.08 $
165,111.91 $376,638.99
e) all
administrative acts necessary for the implementation of this project BE
AUTHORIZED subject to approval of financing, where required. (2013-D24)
|
That, on the recommendation of the Managing
Director, Environmental and Engineering Services and City Engineer, the
proposed by-law, as appended to the staff report dated October 7, 2013, BE
INTRODUCED at the Municipal Council meeting to be held on October 22, 2013
for the purpose of amending the Traffic and Parking By-law (P.S. 111).
(2013-C01)
|
That, on the recommendation of the
Director, Environment, Fleet and Solid Waste, the following actions be taken
with respect to the update on Corporate Energy Management and Reporting
Requirements:
a) the
above-noted report BE RECEIVED; it being noted that the update included the
following companion documents:
• Past
and Current Energy Management Activities;
• Culture
of Conservation – The Next Steps;
• 2011
Corporate Energy Consumption Report;
• 2011
Energy Consumption and Greenhouse Gas Emissions (Ministry of Energy); and,
• 2012
Corporate Energy Consumption Report; and,
b) the
City of London Boards and Commissions BE REQUESTED to report back with
respect to their actions with respect to Energy Management Systems.
(2013-E17)
|
That, on the recommendations of the
Managing Director, Environmental and Engineering Services and City Engineer
and Managing Director, Corporate Services and City Treasurer, Chief Financial
Officer, the following actions be taken with respect to the Transportation
Infrastructure Gap:
a) the
Civic Administration BE DIRECTED to develop a long-term financial
implementation strategy to address the transportation infrastructure gap as
part of the overall Corporate Asset Management Strategy;
b) the
Province of Ontario BE REQUESTED to enable additional revenue tools for
municipalities to fund transportation and transit infrastructure over and
above existing funding programs; and,
c) the
Government of Canada BE REQUESTED to enable additional revenue tools for
municipalities to fund transportation and transit infrastructure over and
above existing funding programs;
it being noted that the Civic Works
Committee received the attached presentation from E. Soldo, Director,
Roads and Transportation and the attached communication and delegation
J. Kennedy, London Development Institute, with respect to this matter.
(2013-T11)
|
That, on the recommendation of the
Director, Roads and Transportation, the following actions be taken with respect
to a proposed Railway Pedestrian Crossing Safety Program:
a) the
Civic Administration BE DIRECTED to liaise with the railway companies
regarding opportunities to increase public awareness of rail safety issues;
b) the
Civic Administration BE AUTHORIZED to continue discussions with the
respective railway companies and Transport Canada to refine and jointly
implement the draft program of engineering crossing safety treatments,
appended to the staff report dated October 7, 2013 as Appendix “B” under
appropriate cost sharing and utilizing any federal rail safety funding
programs that are available; and,
c) a
new two-year project BE INTRODUCED for consideration in the 2014 budget for
the implementation of engineering crossing safety treatments, with priority
to be given to all items under Transport Canada requirements included in the
above- noted Appendix B. (2013-T08)
|
That the communication dated October 7,
2013 from Councillor S. Orser, with respect to the removal of fluoride from
London's drinking water BE RECEIVED. (2013-E08)
|
That, on the recommendation of the
Director, Environment, Fleet and Solid Waste, the report dated October 7,
2013 with respect to Active Transportation (AT) and Transportation Demand
Management (TDM) Updates and the Next Steps, BE RECEIVED. (2013-T11)
|
That, on the recommendation of the Managing
Director of Environmental and Engineering Services and City Engineer the
following actions be taken with respect to the Minimum Maintenance Standards:
a) the
revised Minimum Maintenance Standards (January 2013) as per Regulation 239/02
BE ADPOPTED for use on City of London roadways; and,
b) the
additional operating costs to meet the above-noted minimum maintenance
standard requirements, in the amount of $335,000, BE APPROVED as a commitment
from available assessment growth in 2014, subject to final budget approval.
(2013-T04)
|
That the following actions be taken with
respect to a verbal request from Councillor White related to undesirable
activity at Meadowlily Bridge:
a) additional lighting BE
INSTALLED;
b) trees causing security issues BE
REMOVED; and,
c) standard parking lot signage BE
INSTALLED.
|
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 P. Van Meerbergen to Approve clause 2.
That, on
the recommendation of the Director, Roads and Transportation, the following
actions be taken with respect to the Traffic Calming Program:
a)
the Traffic Calming Program - 10 Year Annual Plan BE APPROVED as
the basis for implementation of traffic calming measures; and,
b) the
priorities and schedule of the Traffic Calming Program BE REVIEWED on an annual
basis to incorporate new locations, subject to annual funding approvals;
it being
noted that the Civic Administration will provide a standard response fact sheet
for the Members of Council and prepare a list identifying the status of all
past, current and future locations with respect to this matter.
Motion made by Councillor H.L. Usher and
seconded by Councillor J.P. Bryant to Amend clause 2 by adding a new part c)
as follows:
“c) the Director, Roads and Transportation
BE DIRECTED to review and report back at a future meeting of the Civic Works
Committee on the potential for a two-tier Traffic Calming Program which would
provide an opportunity for addressing smaller street projects within a
$25,000 budget envelope, together with a proposed source of financing for the
associated funding requirements;”.
|
Motion Passed
YEAS: J.F. Fontana, B. Polhill, J.B. Swan,
S. Orser, J.L. Baechler, N. Branscombe, M. Brown, P. Hubert, D. Brown, H.L.
Usher, J.P. Bryant, S.E. White (12)
NAYS: D.G. Henderson, P. Van Meerbergen (2)
At
6:12 PM Councillor B. Armstrong returns to the meeting.
|
|
|
Motion made by Councillor H.L. Usher and
seconded by Councillor J.P. Bryant to Approve clause 2, as amended.
|
|
|
|
Motion Passed
YEAS: J.F. Fontana, B. Polhill, B.
Armstrong, J.B. Swan, S. Orser, J.L. Baechler, N. Branscombe, P. Hubert, P.
Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant, S.E. White (13)
NAYS: M. Brown, D.G. Henderson (2)
Clause 2, as amended, reads as follows:
|
That, on the recommendation of the Director,
Roads and Transportation, the following actions be taken with respect to the
Traffic Calming Program:
a) the
Traffic Calming Program - 10 Year Annual Plan BE APPROVED as the basis for
implementation of traffic calming measures;
b) the
priorities and schedule of the Traffic Calming Program BE REVIEWED on an annual
basis to incorporate new locations, subject to annual funding approvals; and,
c) the Director, Roads and Transportation BE
DIRECTED to review and report back at a future meeting of the Civic Works
Committee on the potential for a two-tier Traffic Calming Program which would
provide an opportunity for addressing smaller street projects within a $25,000
budget envelope, together with a proposed source of financing for the
associated funding requirements;
it being noted that the Civic Administration
will provide a standard response fact sheet for the Members of Council and
prepare a list identifying the status of all past, current and future locations
with respect to this matter. (2013-T08)
Motion
made by Councillor P. Van Meerbergen to Approve clause 3.
That the report dated October 7, 2013 from
the Director, Roads and Transportation with respect to the Sidewalk Maintenance
Program BE RECEIVED. (2013-T06)
|
Motion made by Councillor M. Brown and
seconded by Councillor J.L. Baechler to Approve that clause 3 BE AMENDED by
adding the following to the end of the clause:
“it being noted that the Civic
Administration will bring forward the following as part of the 2014 budget
process:
a) a business case for one time
funding to address the current maintenance gap; and,
b) a
business case to address incremental funding that would be required to
eliminate future gaps.”
|
Motion Failed
YEAS: B. Armstrong, S. Orser, J.L.
Baechler, N. Branscombe, M. Brown, P. Hubert, J.P. Bryant (7)
NAYS: J.F. Fontana, B. Polhill, J.B. Swan,
D.G. Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, S.E. White (8)
|
The
motion to adopt clause 3 is put.
Motion Passed
YEAS: J.F. Fontana, B. Polhill, B.
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 P. Van Meerbergen to Approve clause 8.
That, on the recommendations of the
Managing Director, Environmental and Engineering Services and City Engineer
and Managing Director, Corporate Service and City Treasurer, Chief Financial
Officer, the following actions be taken with respect to the Bus Rapid Transit
Strategy:
a) the
attached Bus Rapid Transit Strategy Business Case, presented by the
London Transit Commission, BE RECEIVED;
b) the
Civic Administration BE DIRECTED to initiate an Environmental Assessment in
2014 for the Rapid Transit Corridors identified in the Transportation Master
Plan to:
i) confirm
the preferred form of rapid transit;
ii) detail
the corridor improvements required to accommodate it; and,
iii) work
toward implementation within a 12 year period; it being noted that the cost
of the Environmental Assessment study will be included in the draft 2014
Capital Budget for Council consideration;
c) the
Financial Plan for Constrained Implementation Plan of the Bus Rapid Transit
Strategy BE RECEIVED; it being noted that the financial plan will be subject
to revision as a result of the Environmental Assessment process, commitment
from senior levels of government for funding and the finalization of the 2014
Development Charges; and,
d) working
in conjunction with the London Transit Commission, the Civic Administration
BE AUTHORIZED to make immediate representation to the Provincial and Federal
governments with respect to London’s Bus Rapid Transit Strategy with the
objective of gaining approval and commitment for investment in London’s Bus
Rapid Transit Strategy; it being noted that the Environmental Assessment will
confirm the technical aspects of rapid transit and provide more detailed cost
and implementation timing information for inclusion into a revised Financial
Plan as noted in c), above;
it being noted that the Civic Works
Committee received the attached presentation from E. Soldo, Director,
Roads with respect to this matter. (2013-T03)
|
Motion Passed
YEAS: J.F. Fontana, B. Polhill, B.
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 clause 11.
That, on
the recommendation of the Managing Director, Land Use Planning and City
Planner, the following actions be taken with respect to the application of
Romlex International Inc., relating to the properties located at 1057, 1059 and
1061 Richmond Street:
a) the
Ontario Municipal Board BE ADVISED that Municipal Council recommends that
Zoning By-law No. Z.-1 BE AMENDED as Appendix “A” attached, (in
conformity with the Official Plan), FROM a Neighbourhood Facility (NF1) Zone
and a Residential R2 Special Provision (R2-2(9)) Zone TO a Holding
Neighbourhood Facility Special Provision Bonus (h-5*NF1(_)*B(_)) Zone to permit
churches, elementary schools, and day care centres, one (1) residential
dwelling unit within the existing church building, located at 1061 Richmond
Street, and a Bonus Zone to allow for increased residential density to permit a
maximum total of eleven (11) residential dwelling units at the subject
property, to be located within the existing building at 1061 Richmond Street,
with regulations that permit a maximum of three (3) bedrooms within nine (9) of
the dwelling units and a maximum of two (2) bedrooms within two (2) of the dwelling
units, a maximum density (61 units per hectare), a minimum of 13 parking
spaces, a minimum parking area setback from the east lot line of 0 metres, a
minimum parking area setback from the west and south lot line of 1.5 metres and
a minimum landscaped open space coverage (30%), in return for heritage
preservation by designating 1061 Richmond Street, under Section 29(1) of the Ontario
Heritage Act, and also in return for enhanced landscaping and site design,
by constructing a masonry wall, of no more than 1 metre (3.28 ft) in height,
matching the materials and architectural character of the existing building
located at 1061 Richmond Street, to provide for screening and the creation of a
built street edge along the majority of the Richmond Street frontage and by
allowing for no vehicular access to the site from the municipal laneway
adjacent to the west and subject to a holding provision which requires a public
site plan review;
b) the
Site Plan Approval Authority BE REQUESTED to include the attached,
revised, conceptual site plan, in the bonusing clause of any development
agreement for this site;
c) the
request to amend Zoning By-law No. Z.-1 to change the zoning of the subject
property FROM a Neighbourhood Facility (NF1) Zone, which permits churches,
elementary schools, community centres, day care centres, libraries, private
schools, fire stations, private club, police station and a Residential R2
Special Provision (R2-2(9)) Zone, which permits single detached dwellings,
semi-detached dwellings, duplex dwellings and converted dwellings (maximum 4
dwelling units) TO a Neighbourhood Facility Bonus (NF1*B(_)) Zone, to permit
the same range of uses in the Neighbourhood Facility (NF1) Zone on the entire
site except police stations and fire stations as the base zoning and adding a
bonus zone to permit 14 residential dwelling units subject to special zoning
regulations to permit a minimum landscaped open space coverage (10%), a minimum
parking area setback from the interior/rear property line of 0 metres and a
parking area setback from the front/exterior side lot lines of 0.5 metres BE
REFUSED for the following reasons:
i) the requested amendment is not
consistent with the Policies for Near-Campus Neighbourhoods of the Official
Plan;
ii) the requested amendments
implement a form of development which is not consistent with the site plan
agreement registered to the lands at 1059 Richmond Street; and,
iii) the number of special provisions
required and the extent to which they deviate from the requirements of the
Zoning By-law are indicative of a development that is too intense for the
subject site;
d) the
notice of the Municipal Council's intention to designate the property located
at 1061 Richmond Street to be of cultural heritage value or interest BE
GIVEN, for the attached reasons, under the provisions of
Section 29(1) of the Ontario Heritage Act, R.S.O. 1990, c. O.18; it
being noted that that the owner, Romlex International Inc., has not concurred
with the designation;
e) unrestricted
access on Richmond Street BE PERMITTED; and,
f) the
developer BE ASKED to work with the City to repair the lane;
it
being noted that the Planning and Environment Committee reviewed and received
the following communications, with respect to this matter:
· a communication, dated September
26, 2013, from M.G. Mann, President & CEO, Statesman; and,
· the
attached communication, dated October 8, 2013, from D. Bartlett;
it being
pointed out that at the public participation meeting associated with this matter,
the following individuals made oral submissions in connection therewith:
· Greg Priamo, Zelinka Priamo Ltd.,
on behalf of the applicant – indicating that staff has done a good job
providing the Committee with the information that has been presented in the
staff report; expressing agreement with the Manager, Planning and City
Planner’s observation that this is a rare situation; noting that he has been in
business for 25 years and has not seen this kind of revision in the
recommendation before; advising that they are certainly perplexed by it;
indicating that he listened very carefully to Mr. Tomazincic’s presentation and
has read the report very carefully; advising that they continue to believe that
the original report, which was presented to the Committee and the Municipal
Council twice, is actually the best and most fair assessment of this situation
on a balanced basis; indicating that, in the new report, there seems to be a
great deal of weight placed on two things; advising that one of them is the
Near Campus Neighbourhood policies, when they were approved and how they were
applied to this application; advising that the other item is the existing site
plan for this property; indicating that it has been his experience, in the City
of London and in many municipalities, that, when Council approves a policy
document, whether or not it is subject to Ontario Municipal Board proceedings,
it is considered by staff when they are considering applications that are
relevant to these policies; indicating that the Committee was advised by Mr.
Tomazincic this evening that, because they were not approved by the Ontario
Municipal Board, even though they had long since been approved by the Municipal
Council, they were not considered in the original reports; indicating that even
a cursory review of the original reports clearly shows sections of the reports
that deal specifically with the Near Campus Neighbourhood policies; noting that
there is an explicit determination that the development, as proposed, complies with
the Near Campus Neighbourhood policies; indicating that he is perplexed by the
notion that somehow a further review turned that all around; advising that he
is also perplexed because he is unable to find anything in the new report, from
an informational standpoint, that staff did not have when they wrote the
report, their first report, but that they dealt with in a comprehensive and
effective way; advising that their site plan was available to staff; noting
that staff they said that their site plan was fine, now staff say that it is
not; indicating that the Near Campus Neighbourhood Policy was available to them
in Council approved status and, as Mr. Tomazincic stated, the Ontario Municipal
Board approved the Policy exactly how the Municipal Council approved it;
advising that the policies were there and, in his submission, staff did
consider them; advising that he is unable to determine what actually happened
that resulted in the change in recommendation because the policies existed;
indicating that they have two recommendations that rely, in his submissions, on
the exact same body of information; indicating that they met with the
neighbours before the first report came to the Committee and they met with the
neighbours before it came back to the Committee the second time; indicating
that there were submissions from the public, but they were the same
submissions; reiterating that there was no new information provided at that
time; advising that a review of the reports would indicate that they responded
to the concerns that were raised; indicating that they agreed to not use the
laneway, they agreed to drop the Sherwood property from the application and we
are surprised by much of this; indicating that they acquired another property,
for parking, because they were advised, and certainly believed, that compelling
concerns of the neighbourhood were two things: one, that significant off-site
parking would be generated on this site regardless of the land use and there
was concern about the diversity of the tenants that may occupy the building;
advising that they went to the extraordinary measure to acquire enough land to
provide the required number of parking spaces for the units that they were
proposing to ensure that they could attract a diversity of tenants to this site
and to ensure that they minimized the potential impacts of off-site parking;
indicating that they have now been advised that now it is more appropriate to
have half the number of the parking spaces and less diversity in the number of
bedrooms in the units; advising that they are struggling with this, but in my
submissions to you tonight, he is not looking for a rationalization; suggesting
to the Committee that, in their opinion, they have reviewed the two documents
and they think staff got it right the first time; indicating that the first
report provides a much more balanced, comprehensive assessment and, in my
submissions, their original conclusions were the right; reiterating that he
urges the Committee to consider that very carefully because they believe that
their proposal is well thought out, is a balance between the concerns of the
neighbourhood and the economics of this project and it is going to result in
the preservation of a culturally significant and a neighbourhood significant
building without change; commenting on some of the zoning issues that were
raised in the analysis; noting that this is an existing building, they are not
creating yards; further noting that the zero yard on the south side, exists
today, the parking for the church in that condition exists today; indicating
that it is not a new condition that they are proposing; advising that the
existing site plan agreement, while it may be instructive, is not regulation;
noting that there is no obligation; reiterating that the site plan agreement is
for a church and the removal of a manse, not a site plan agreement that is
reflective of a converted church building for residential purposes; indicating
that a site plan agreement will be required to effect this development and they
will go through the process; reiterating that he urges the Committee to
consider, very carefully, a balanced approach to this development and to look
favourably on the original recommendation; requesting the Committee to
instruct, through staff, to the Ontario Municipal Board, that the original
report is the preferred solution in this regard; advising that, even prior to
this staff report, they agreed that access would be entirely off of Richmond
Street and to not use the laneway as part of their access arrangement; advising
that they filed an urban design brief with their application; indicating that a
component of the urban design brief is a compatibility report that is
entrenched in the urban design; advising that the direction that was referred
to by Council in part e) of your previous resolution was to revise the urban
design brief to address the revised project proposal; reiterating that that was
the direction; noting that it was not a direction to provide a compatibility
report; reiterating that the compatibility analysis was filed in the urban
brief, in the original application and, at the direction of the Council, they
provided a revised version to staff; indicating that this information is
available; advising that their determination may be different from others, but
their analysis is there and they stand behind it; and advising that it meets
the criteria in the Official Plan policies.
· Sid Noel, 196 Sherwood Avenue –
commending the Planning Department staff for this very thoughtful report;
indicating that it is clearly based on research and presents a clear rationale
for the recommendations; requesting clarification on one aspect of the report,
involving the traffic in and out of the parking lot for the development;
realizing that access to the laneway is not part of the proposal; noting that
this has been clearly stated; advising that there has been some discussion of
permitting only right turns in and right turns out into the parking lot for the
development; advising that this would be a mistake in many respects; indicating
that he believes that it would lessen the chance of the owner of the property
having an economically viable development because it would inconvenience those
who must use the parking lot as well as the residents of Sherwood Avenue; noting
that, if that was the case, a resident of the complex arriving from South
London would not be able to turn left into the parking lot, the driver would
have to turn left onto Sherwood Avenue, which is a narrow street and try to do
a three-point turn because the street is too narrow to do a u-turn; indicating
that this is difficult enough to do in good weather, but it is doubly difficult
to do when there are cars parked on the side and in winter when there is snow
piled up; noting that this is unnecessary for this project and he hopes that it
is off the table; indicating that, at the last meeting, there was unanimous
agreement that this should not be permitted; indicating that the idea of
putting a pork chop barrier in the center of Richmond Street really ought to be
a non-starter; seeking confirmation that this is so; noting that he is not
speaking on the developers behalf but this is a common interest for the
developer and the residents of Sherwood Avenue; expressing support for the
report in its entirety, with this important confirmation; advising that the
report does not meet all of the wish list of the area residents but it goes a
long way to meeting their concerns; and urging the Committee members to support
the staff report.
· Steve Harris, 201 Sherwood Avenue –
expressing a number of concerns with the intensity of the project; believing
that the reduced density would mitigate many of the deficiencies in the
proposal for the church site; wishing to speak about two specific matters;
indicating that, as they reside two doors west of Richmond Street, the
demolition of the home at 1057 Richmond Street will create a serious noise
problem for them from the volume of traffic on Richmond Street; noting that all
of the Officials present are aware of the cost of noise barriers for
neighbourhoods; further noting that the least expensive option for all parties
stands currently at 1057 Richmond Street and it would be demolished as part of
the proposal; indicating that their most serious worry has been addressed in
the new report; expressing appreciation to Council and to the Planner for their
concerns for the neighbourhood around the church, for listening to the public
and letting democracy work; advising that half of the families on the street
have school age children and their safety is their primary concern; advising
that the laneway on the west side of the church is their pathway to school;
indicating that the Municipal Council agreed unanimously that the narrow lane
should not be part of the redevelopment of the church; advising that,
regardless of other planning rationale, to argue to the contrary is to argue
that children’s safety is not a baseline value for the community; and advising
that he speaks on behalf of all of the families on the street when he says that
they are most grateful to Council and the Planning Department when you agree
that children’s safety should be at the top of the list.
· Michael Backx, 192 Sherwood Avenue
– expressing appreciation to the staff for the revised report as it is a major
improvement from where they were at with the first report; advising that their
biggest concern has always been the density; indicating that the applicant has
never provided a character statement or a compatibility report showing how his
development will fit in with the neighbourhood; advising that the residents
were left with not many options and ultimately they ended up getting the advice
of another Planner who gave them a recommendation which was compatible with the
neighbourhood; noting that that recommendation was six units in the church with
three bedrooms, leaving the home on Richmond Street which would preserve the
landscape and the beautiful gateway that the Council has talked about entering
the City of London, which would have worked out for everyone; advising that the
applicant has a different idea; indicating that he wanted to rip down the house
and create all parking there; reiterating that he did not show any
compatibility with the neighbourhood; reiterating that this report is a major
improvement; raising that, in comparing the first staff report, with 14 units
and 34 bedrooms, with the second report, where they have nine units and 27
bedrooms; noting that, on a proportionate basis, the reduction in units is 36%
while the reduction in bedrooms is only 20%; indicating that, in order to be
consistent with this new report, then of 36% reduction, the maximum number of
bedrooms should be 21, which is more in line with what the neighbourhood
suggested and also more in line with the recommendation that the Council
referred back to the Planners; advising that, if he remembers correctly, at the
last Council meeting, the Civic Administration, asked specific guidance on what
Council wanted staff to consider; indicating that Council was very clear in its
response, indicating that they will have the maximum target goal density of 45
units per hectare; noting that this was based on six units in the church, with
two bonus units in the church, the house remaining with one unit with the
existing number of bedrooms in it; further noting that this would bring it up
to 45 units per hectare; reiterating that the Civic Administration asking the
question, but he has not heard from them this evening, the rationale for going
from 45 units per hectare to 50 units per hectare; reiterating that there has
never been anything from the applicant outlining how this is going to fit in
with the neighbourhood; and indicating that all the parameters required in the
Official Plan have not been provided by the applicant and therefore, this
application was deficient.
· Mary Ann Colihan, 191 Sherwood
Avenue – see attached presentation.
· Paul Adams, 191 Sherwood Avenue -
see attached presentation. (2013D14A)
Motion made by Councillor B. Polhill and
seconded by Councillor S. Orser to Approve amending clause 11 in the first
line by removing the words “on the recommendation of the Managing Director,
Land Use Planning and City Planner,”; and by adding a new part g) as follows:
“g)
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 number of units proposed in the by-law is less than the 14 proposed
units that was advertised.”
|
Motion Passed
YEAS: J.F. Fontana, B. Polhill, B.
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 6:45 PM His Worship the Mayor places
Councillor P. Hubert in the Chair and takes a seat at the Council Board.
|
At 6:58 PM, His Worship the Mayor resumes
the Chair and Councillor P. Hubert takes his seat at the Council Board.
|
At
6:59 PM Councillor H.L. Usher leaves the meeting.
At
7:04 PM Councillor H.L. Usher returns to the meeting.
Motion made by Councillor B. Polhill and
seconded by Councillor S. Orser to Approve clause 11, as amended, excluding
part e).
|
Motion Failed
YEAS: J.F. Fontana, B. Polhill, S. Orser,
P. Van Meerbergen, S.E. White (5)
NAYS: B. Armstrong, J.B. Swan, J.L.
Baechler, N. Branscombe, M. Brown, P. Hubert, D.G. Henderson, D. Brown, H.L.
Usher, J.P. Bryant (10)
|
Motion made by Councillor N. Branscombe and
seconded by Councillor P. Hubert to Approve that, on the recommendation of
the Managing Director, Land Use Planning and City Planner, the following
actions be taken with respect to the application of Romlex International Inc.
relating to the properties located at 1057, 1059 and 1061 Richmond Street:
(a) the
Ontario Municipal Board BE ADVISED that Municipal Council RECOMMENDS that
Zoning By-law No. Z.-1 BE AMENDED as attached hereto as Appendix “A”,
in conformity with the Official Plan, FROM a Neighbourhood Facility (NF1)
Zone and a Residential R2 Special Provision (R2-2(9)) Zone TO a Holding
Neighbourhood Facility Special Provision Bonus (h-5*NF1(_)*B(_)) Zone to
permit churches, elementary schools, and day care centres, one (1)
residential dwelling unit within the existing church building, and a Bonus
Zone to allow for increased residential density to permit a maximum total of
nine (9) residential dwelling units within the existing building located at
1061 Richmond Street with regulations that permit: a maximum number of bedrooms
per dwelling unit (3); a maximum density (50 units per hectare); a minimum
parking standard (1.2 parking spaces per dwelling unit); a minimum parking
area setback from the east side lot line (6m); a minimum parking area setback
from the west and south lot line (1.5m); and, a minimum landscaped open space
coverage (30%); in return for heritage preservation by designating 1061
Richmond Street, under Section 29(1) of the Ontario Heritage Act, and also in
return for enhanced landscaping and site design, by constructing a masonry
wall, of no more than 1 metre (3.28 ft) in height, matching the materials and
architectural character of the existing building located at 1061 Richmond
Street, to provide for screening and the creation of a built street edge
along the majority of the Richmond Street frontage and by allowing for no
vehicular access to the site from the municipal laneway adjacent to the west
and subject to a holding provision which requires a public site plan review.
(b) the
Site Plan Approval Authority BE REQUESTED to include the conceptual site
plan, attached as Appendix “B”, in the bonusing clause of any
development agreement for this site.
(c) the
request to amend Zoning By-law No. Z.-1 to change the zoning of the subject
property FROM a Neighbourhood Facility (NF1) Zone which permits Churches;
Elementary schools; Community centres; Day care centres; Libraries; Private
schools Fire stations; Private club; Police station and a Residential R2
Special Provision (R2-2(9)) Zone which permits Single detached dwellings;
Semi-detached dwellings; Duplex dwellings; and, Converted dwellings (maximum
4 dwelling units) TO a Neighbourhood Facility Bonus (NF1*B(_)) Zone to permit
the same range of uses in the Neighbourhood Facility (NF1) Zone on the entire
site except Police stations and Fire stations as the base zoning and adding a
bonus zone to permit 14 residential dwelling units subject to special zoning
regulations to permit: a minimum landscaped open space coverage (10%); a
minimum parking area setback from the interior/rear property line of 0
metres; and, a parking area setback from the front/exterior side lot lines of
0.5 metres BE REFUSED for the following reasons:
i) The
requested amendment is not consistent with the Policies for Near-Campus
Neighbourhoods of the Official Plan.
ii) The
requested amendments implement a form of development which is not consistent
with the site plan agreement registered to the lands at 1059 Richmond Street.
iii) The
number of special provisions required and the extent to which they deviate
from the requirements of the Zoning By-law are indicative of a development
that is too intense for the subject site.
(d) with
the advice of the Heritage Planner, the Municipal Council BE REQUESTED to
issue a Notice of Intention to designate the property located at 1061
Richmond Street under Section 29(1) of the Ontario Heritage Act, as a
property of cultural heritage value or interest for the reasons recommended
by the London Advisory Committee on Heritage as attached in Appendix
C, IT BEING NOTED THAT that the owner, Romlex International Inc., has not
concurred with such designation; and,
(e) unrestricted access on Richmond
Street BE PERMITTED;
it being noted that the Planning and
Environment Committee reviewed and received the following communications,
with respect to this matter:
·
a
communication, dated September 26, 2013, from M.G. Mann, President & CEO,
Statesman; and,
·
the
attached communication, dated October 8, 2013, from D.
Bartlett;
it being pointed out that at the public participation
meeting associated with this matter, the following individuals made oral
submissions in connection therewith:
·
Greg
Priamo, Zelinka Priamo Ltd., on behalf of the applicant – indicating that
staff has done a good job providing the Committee with the information that
has been presented in the staff report; expressing agreement with the
Manager, Planning and City Planner’s observation that this is a rare
situation; noting that he has been in business for 25 years and has not seen
this kind of revision in the recommendation before; advising that they are
certainly perplexed by it; indicating that he listened very carefully to Mr.
Tomazincic’s presentation and has read the report very carefully; advising
that they continue to believe that the original report, which was presented
to the Committee and the Municipal Council twice, is actually the best and
most fair assessment of this situation on a balanced basis; indicating that,
in the new report, there seems to be a great deal of weight placed on two things;
advising that one of them is the Near Campus Neighbourhood policies, when
they were approved and how they were applied to this application; advising
that the other item is the existing site plan for this property; indicating
that it has been his experience, in the City of London and in many
municipalities, that, when Council approves a policy document, whether or not
it is subject to Ontario Municipal Board proceedings, it is considered by
staff when they are considering applications that are relevant to these
policies; indicating that the Committee was advised by Mr. Tomazincic this
evening that, because they were not approved by the Ontario Municipal Board,
even though they had long since been approved by the Municipal Council, they
were not considered in the original reports; indicating that even a cursory
review of the original reports clearly shows sections of the reports that
deal specifically with the Near Campus Neighbourhood policies; noting that
there is an explicit determination that the development, as proposed,
complies with the Near Campus Neighbourhood policies; indicating that he is
perplexed by the notion that somehow a further review turned that all around;
advising that he is also perplexed because he is unable to find anything in the
new report, from an informational standpoint, that staff did not have when
they wrote the report, their first report, but that they dealt with in a
comprehensive and effective way; advising that their site plan was available
to staff; noting that staff they said that their site plan was fine, now
staff say that it is not; indicating that the Near Campus Neighbourhood
Policy was available to them in Council approved status and, as Mr.
Tomazincic stated, the Ontario Municipal Board approved the Policy exactly
how the Municipal Council approved it; advising that the policies were there
and, in his submission, staff did consider them; advising that he is unable
to determine what actually happened that resulted in the change in
recommendation because the policies existed; indicating that they have two
recommendations that rely, in his submissions, on the exact same body of
information; indicating that they met with the neighbours before the first
report came to the Committee and they met with the neighbours before it came
back to the Committee the second time; indicating that there were submissions
from the public, but they were the same submissions; reiterating that there
was no new information provided at that time; advising that a review of the
reports would indicate that they responded to the concerns that were raised;
indicating that they agreed to not use the laneway, they agreed to drop the
Sherwood property from the application and we are surprised by much of this;
indicating that they acquired another property, for parking, because they
were advised, and certainly believed, that compelling concerns of the
neighbourhood were two things: one, that significant off-site parking would
be generated on this site regardless of the land use and there was concern about
the diversity of the tenants that may occupy the building; advising that they
went to the extraordinary measure to acquire enough land to provide the
required number of parking spaces for the units that they were proposing to
ensure that they could attract a diversity of tenants to this site and to
ensure that they minimized the potential impacts of off-site parking;
indicating that they have now been advised that now it is more appropriate to
have half the number of the parking spaces and less diversity in the number
of bedrooms in the units; advising that they are struggling with this, but in
my submissions to you tonight, he is not looking for a rationalization;
suggesting to the Committee that, in their opinion, they have reviewed the
two documents and they think staff got it right the first time; indicating
that the first report provides a much more balanced, comprehensive assessment
and, in my submissions, their original conclusions were the right;
reiterating that he urges the Committee to consider that very carefully
because they believe that their proposal is well thought out, is a balance
between the concerns of the neighbourhood and the economics of this project
and it is going to result in the preservation of a culturally significant and
a neighbourhood significant building without change; commenting on some of
the zoning issues that were raised in the analysis; noting that this is an
existing building, they are not creating yards; further noting that the zero
yard on the south side, exists today, the parking for the church in that
condition exists today; indicating that it is not a new condition that they
are proposing; advising that the existing site plan agreement, while it may
be instructive, is not regulation; noting that there is no obligation;
reiterating that the site plan agreement is for a church and the removal of a
manse, not a site plan agreement that is reflective of a converted church
building for residential purposes; indicating that a site plan agreement will
be required to effect this development and they will go through the process;
reiterating that he urges the Committee to consider, very carefully, a
balanced approach to this development and to look favourably on the original
recommendation; requesting the Committee to instruct, through staff, to the
Ontario Municipal Board, that the original report is the preferred solution
in this regard; advising that, even prior to this staff report, they agreed
that access would be entirely off of Richmond Street and to not use the
laneway as part of their access arrangement; advising that they filed an
urban design brief with their application; indicating that a component of the
urban design brief is a compatibility report that is entrenched in the urban
design; advising that the direction that was referred to by Council in part
e) of your previous resolution was to revise the urban design brief to
address the revised project proposal; reiterating that that was the
direction; noting that it was not a direction to provide a compatibility report;
reiterating that the compatibility analysis was filed in the urban brief, in
the original application and, at the direction of the Council, they provided
a revised version to staff; indicating that this information is available;
advising that their determination may be different from others, but their
analysis is there and they stand behind it; and advising that it meets the
criteria in the Official Plan policies.
·
Sid
Noel, 196 Sherwood Avenue – commending the Planning Department staff for this
very thoughtful report; indicating that it is clearly based on research and
presents a clear rationale for the recommendations; requesting clarification
on one aspect of the report, involving the traffic in and out of the parking
lot for the development; realizing that access to the laneway is not part of
the proposal; noting that this has been clearly stated; advising that there
has been some discussion of permitting only right turns in and right turns
out into the parking lot for the development; advising that this would be a
mistake in many respects; indicating that he believes that it would lessen
the chance of the owner of the property having an economically viable
development because it would inconvenience those who must use the parking lot
as well as the residents of Sherwood Avenue; noting that, if that was the
case, a resident of the complex arriving from South London would not be able
to turn left into the parking lot, the driver would have to turn left onto
Sherwood Avenue, which is a narrow street and try to do a three-point turn
because the street is too narrow to do a u-turn; indicating that this is
difficult enough to do in good weather, but it is doubly difficult to do when
there are cars parked on the side and in winter when there is snow piled up; noting
that this is unnecessary for this project and he hopes that it is off the
table; indicating that, at the last meeting, there was unanimous agreement
that this should not be permitted; indicating that the idea of putting a pork
chop barrier in the center of Richmond Street really ought to be a
non-starter; seeking confirmation that this is so; noting that he is not
speaking on the developers behalf but this is a common interest for the
developer and the residents of Sherwood Avenue; expressing support for the
report in its entirety, with this important confirmation; advising that the
report does not meet all of the wish list of the area residents but it goes a
long way to meeting their concerns; and urging the Committee members to
support the staff report.
·
Steve
Harris, 201 Sherwood Avenue – expressing a number of concerns with the
intensity of the project; believing that the reduced density would mitigate
many of the deficiencies in the proposal for the church site; wishing to
speak about two specific matters; indicating that, as they reside two doors
west of Richmond Street, the demolition of the home at 1057 Richmond Street
will create a serious noise problem for them from the volume of traffic on
Richmond Street; noting that all of the Officials present are aware of the
cost of noise barriers for neighbourhoods; further noting that the least
expensive option for all parties stands currently at 1057 Richmond Street and
it would be demolished as part of the proposal; indicating that their most
serious worry has been addressed in the new report; expressing appreciation
to Council and to the Planner for their concerns for the neighbourhood around
the church, for listening to the public and letting democracy work; advising
that half of the families on the street have school age children and their
safety is their primary concern; advising that the laneway on the west side
of the church is their pathway to school; indicating that the Municipal
Council agreed unanimously that the narrow lane should not be part of the
redevelopment of the church; advising that, regardless of other planning
rationale, to argue to the contrary is to argue that children’s safety is not
a baseline value for the community; and advising that he speaks on behalf of
all of the families on the street when he says that they are most grateful to
Council and the Planning Department when you agree that children’s safety
should be at the top of the list.
·
Michael
Backx, 192 Sherwood Avenue – expressing appreciation to the staff for the
revised report as it is a major improvement from where they were at with the
first report; advising that their biggest concern has always been the
density; indicating that the applicant has never provided a character
statement or a compatibility report showing how his development will fit in
with the neighbourhood; advising that the residents were left with not many
options and ultimately they ended up getting the advice of another Planner
who gave them a recommendation which was compatible with the neighbourhood; noting
that that recommendation was six units in the church with three bedrooms,
leaving the home on Richmond Street which would preserve the landscape and
the beautiful gateway that the Council has talked about entering the City of
London, which would have worked out for everyone; advising that the applicant
has a different idea; indicating that he wanted to rip down the house and
create all parking there; reiterating that he did not show any compatibility
with the neighbourhood; reiterating that this report is a major improvement;
raising that, in comparing the first staff report, with 14 units and 34
bedrooms, with the second report, where they have nine units and 27 bedrooms;
noting that, on a proportionate basis, the reduction in units is 36% while
the reduction in bedrooms is only 20%; indicating that, in order to be
consistent with this new report, then of 36% reduction, the maximum number of
bedrooms should be 21, which is more in line with what the neighbourhood
suggested and also more in line with the recommendation that the Council
referred back to the Planners; advising that, if he remembers correctly, at
the last Council meeting, the Civic Administration, asked specific guidance
on what Council wanted staff to consider; indicating that Council was very
clear in its response, indicating that they will have the maximum target goal
density of 45 units per hectare; noting that this was based on six units in
the church, with two bonus units in the church, the house remaining with one
unit with the existing number of bedrooms in it; further noting that this
would bring it up to 45 units per hectare; reiterating that the Civic
Administration asking the question, but he has not heard from them this
evening, the rationale for going from 45 units per hectare to 50 units per
hectare; reiterating that there has never been anything from the applicant
outlining how this is going to fit in with the neighbourhood; and indicating
that all the parameters required in the Official Plan have not been provided
by the applicant and therefore, this application was deficient.
·
Mary
Ann Colihan, 191 Sherwood Avenue – see attached presentation.
·
Paul
Adams, 191 Sherwood Avenue - see attached presentation.
|
Motion Passed
YEAS: J.F. Fontana, B. Armstrong, J.B.
Swan, J.L. Baechler, N. Branscombe, M. Brown, P. Hubert, D.G. Henderson, D.
Brown, H.L. Usher, J.P. Bryant (11)
NAYS: B. Polhill, S. Orser, P. Van
Meerbergen, S.E. White (4)
|
Motion made by Councillor N. Branscombe and
seconded by Councillor S. Orser to Recess.
Motion Passed
The Council recesses at 7:13 PM and
reconvenes at 7:56 PM with Mayor J.F. Fontana in the Chair and all Members
present except Councillor J.B. Swan.
|
22nd Report of the Planning and Environment
Committee (continued)
Councillor B. Polhill presents.
|
Motion made by Councillor B. Polhill to
Approve clauses 1 - 13, excluding clauses 3 and 11.
|
That it BE NOTED that Councillor Polhill
disclosed a pecuniary interest in clause 3 of this Report having to do with
the Notice of Application by the City of London for the property located at
613 Sovereign Road, by indicating that his business is in the circulation
area for this Notice.
|
That, on the recommendation of the Senior
Planner, Development Services, based on the application of Norquay
Sunningdale Land Corp., relating to the property located at 160 Sunningdale
Road West, the attached, revised, proposed by-law BE INTRODUCED at the
Municipal Council meeting to be held on October 22, 2013, to amend Zoning
By-law No. Z.-1, (in conformity with the Official Plan), to change the zoning
of 160 Sunningdale Road West FROM a Holding Residential R1 (h*h-100*R1-6)
Zone, a Holding Residential R1 Special Provision (h*h-100*R1-6 (4)) Zone, a
Holding Residential R1 (h*h*100*R1-5) Zone, a Holding Residential R1
(h*h-82*h-94*R1-6) Zone and a Holding Residential R1 (h*h-94*h-100*R1-6) Zone
TO a Residential R1 (R1-6) Zone, a Residential R1 Special Provision (R1-6
(4)) Zone, a Residential R1 (R1-5) Zone, a Holding Residential R1
(h-82*h-94*R1-6) Zone and a Holding Residential R1 (h-94*R1-6) Zone, to
remove the h* and h-100 holding provisions. (2013-D14B)
|
That, on the recommendation of the Senior
Planner, Development Services, based on the application of Hyde Park
Crossings Ltd., relating to the property located at 1331 Hyde Park Road, the attached,
revised, proposed by-law BE INTRODUCED at the Municipal Council meeting to be
held on October 22, 2013, to amend Zoning By-law No. Z.-1, (in conformity
with the Official Plan), to change the zoning of the subject lands FROM a
Holding Business District Special Provision (h*BDC2 (6)) Zone TO a Business
District Commercial Special Provision (BDC2 (6)) Zone, to remove the holding
“h” provision. (2013-D14A)
|
That the Building Division Monthly Report
for August 2013 BE RECEIVED. (2013-D00)
|
That, on the recommendation of the Managing
Director, Planning and City Planner, the report dated October 8, 2013,
relating to the requests for inclusion in the Urban Growth Boundary BE
RECEIVED; it being noted that the Planning and Environment Committee reviewed
and received a communication from G. Smith, 141 Meadowlily Road South, with
respect to this matter. (2013-D08/M16)
|
That, on the recommendation of the Managing
Director, Planning and City Planner, the report dated October 8, 2013,
relating to the Land Needs Background Study for the 2011 Official Plan Review
BE RECEIVED. (2013-D08/M16)
|
That, the following actions be taken with
respect to the 9th Report of the Environmental and Ecological Planning
Advisory Committee from its meeting held on September 26, 2013:
a) the
City Clerk BE REQUESTED to review the attendance requirements for an
Environmental and Ecological Planning Advisory Committee (EEPAC)
representative on the Trees and Forests Advisory Committee; it being noted
that current EEPAC members are unable to participate due to existing
commitments; and,
b) that
clauses 2 to 11, inclusive, of the 9th Report of the EEPAC BE RECEIVED;
it being noted that the Planning and
Environment Committee did not hear a verbal presentation from D. Sheppard,
Chair, EEPAC, with respect to these matters.
|
That, the following actions be taken with
respect to the 3rd Report of the Agricultural Advisory Committee from its
meeting held on September 18, 2013:
a) the
Civic Administration BE REQUESTED to postpone any recommendations on a neonicotinoids
(a class of pesticide) seed treatment plan until the Ontario Ministry of
Agriculture, Food and Rural Affairs, Ontario Bee Health Working Group
recommendations are completed by the end of November 2013; it being noted
that the Agricultural Advisory Committee (AAC) received the following with
respect to this matter:
i) a
communication, dated August 12, 2013, from G. Kenny, Program Coordinator,
Emergency Response and International Development, the United Church of
Canada, with respect to a moratorium on a class of pesticides called
neonicotinoids;
ii) a
presentation, as appended to the 3rd Report of the AAC, from T. Baute,
Entomologist, Ontario Ministry of Agriculture, Food and Rural Affairs, with
respect to a Working Group Study on neonicotinoids;
iii) a
communication, as appended to the 3rd Report of the AAC, dated September 18,
2013, from M. Does, Food Not Lawns, with respect to links between the
collapse of bee colonies and neonicotinoids; and,
iv) delegations
from M. Knoester and C. Quinn, with respect to the use of neonicotinoids;
b) that clauses 2 to 6, inclusive,
of the 3rd Report of the AAC BE RECEIVED;
it being noted that the Planning and
Environment Committee heard a verbal presentation from H. Fletcher, Chair,
AAC, with respect to these matters.
|
Recommendation: That, on the
recommendation of the Senior Planner, Development Planning, the following
actions be taken with respect to the Draft Plan of Subdivision, Official Plan
amendment and Zoning By-law amendment applications, relating to the property
located at 660 Sunningdale Road East, (legally described as the South Half of
Lot 13, Concession 6, Geographic Township of London):
a)
the
Approval Authority BE ADVISED that, at the public participation meeting of the
Planning and Environment Committee held with respect to these matters, issues
were raised with respect to the following:
i)
the
wetland boundary;
ii)
channel
realignment on Adelaide Street;
iii)
the
proposed location of the parkland; and,
iv)
the
proposed road allowance;
b)
the
applicant BE REQUESTED to address the issues that have been raised with respect
to the Draft Plan of Subdivision, Official Plan amendment and Zoning By-law
amendment applications, including the following:
i) submit
additional information that addresses the outstanding issues raised by the
Upper Thames River Conservation Authority and Ministry of Natural Resources;
ii) submit
a wetland evaluation report to the Province, in consultation with the City of
London and the Upper Thames River Conservation Authority, to update the
Provincially Significant Wetland (PSW) mapping within the plan;
iii) identify
the location and delineation of required parkland and open space on the plan,
in consultation with City staff;
iv) provide
documentation that addresses the amount and location of proposed commercial
development, including associated concept plans and design details;
v) review
the proposed roadway alignments, in consultation with City staff, to confirm
the location of roundabouts and ensure the width of roads meet applicable
municipal standards; and,
vi) provide
a revised plan for circulation that constitutes a complete application;
c)
the
Civic Administration BE DIRECTED to consider the input received at the public participation
meeting held on October 8, 2013, the comments received from the Municipal
Council, undertake further dialogue with the applicant and, upon completion of
the application, report back at a future statutory public participation meeting
of the Planning and Environment Committee; and,
d)
the
application BE CONSISTENT with the Uplands North Community Plan;
it being noted that at the public
participation meeting associated with this matter, the following individual
made an oral submission in connection therewith:
·
Michelle
Doornbosch, Zelinka Priamo Ltd., on behalf of the applicant – providing
background information on the application; advising that the application was
deemed complete by staff in 2009, when the applicant submitted, through a
different consultant, all of the required material under the Official Plan,
Zoning By-law amendment and the subdivision application requirements;
indicating that Zelinka Priamo Ltd. took over the file in July, 2011, they took
some time to go through all of the background material, reviewed all of the
comments that were based on the 2009 and 2010 submissions and compiled a
complete resubmission package in July, 2012; coming out of that, they did
receive additional comments from staff and had subsequent meetings over a period
of eight months; indicating that they coordinated with staff and provided staff
with a resubmission in April, 2013; reiterating that all of the material that
was required was included in the resubmission; indicating that they were
advised in August that the applications were not circulated from April because
staff did not have the fees; noting that the fees were the only item that was
outstanding with respect to the information; indicating that the plan before
the Committee is the plan that was submitted to the staff in April, 2013;
advising that they feel that this addresses a majority of the comments; looking
for some direction on the outstanding items because they have had several
discussions and are at a stalemate on some of the items; indicating that, with
the Provincially Significant Wetland, they are aware that the Ministry of
Natural Resources wetland boundary is different than the wetland boundary that
they have on their plan; indicating that they had their own qualified wetland
boundary consultant go out; noting that the consultant also met with staff with
respect to the wetland boundary; advising that they received confirmation from
staff in August, 2013, confirming that the wetland boundary that they have
identified in the subdivision is correct; reiterating that their consultant,
City staff and a certified wetland qualifier have confirmed that the wetland
boundary that they have shown is correct; indicating that they have asked staff
to incorporate the process in terms of dealing with the wetland evaluation
process so that they can deal with the Ministry of Natural Resources and have
their mapping changed to reflect what the two qualified consultants have
already identified; reiterating that they have requested this as a draft plan
condition as they have already confirmed the limits; indicating that there are
some items outstanding with the Upper Thames River Conservation Authority and
their engineers will be dealing with them; noting that one of the issues
relates to the channel realignment on Adelaide Street; further noting that this
can be done by draft plan condition; indicating that, with respect to the
parkland, staff had noted that they do have the parkland shown on the main
corridor into the subdivision; advising that the parkland is in that location
as they have identified it as an urban park; indicating that this is the
location that the park has been identified as throughout this process; advising
that the area outlined in red on the plan is intended to be a business district
commercial corridor; noting that this is a new format as business district
commercial corridors are typically found in existing communities; reiterating
that this is a new format of business district commercial district for a new
subdivision; reiterating that the intent for the park is that it is to be an
urban park; advising that the park provides an extension to the commercial
area; advising that they are looking to incorporate the park in this location;
indicating that they are at a stalemate as their intention has always been to
have the parkland in this location; noting that staff has asked it to be
located in a different area (points to the map on the screen during the
Planning and Environment Committee meeting); understanding that there is a
higher density in the location that the staff would like to see the parkland;
however, their proposed location is more centralized; indicating that, parkland
dedication is required through draft plan of subdivision or site plan approval
and there will be parkland areas incorporated into those developments when they
go through subsequent approvals; reiterating that they disagree with staff on
the location of the parkland; advising that they have advised staff, on several
occasions, that they have done everything they could to try to redesign the
subdivision around the priority 2 barn; pointing out that it is located in the
road pattern; indicating that, given the road pattern surrounding these lands,
there was no way to design the subdivision to maintain it; indicating that the
priority 2 barn is intended to be demolished; noting that this will accommodate
the commercial blocks in this area and the proposed roads; reiterating that
they have been clear with staff on this point; advising that the neighbourhood
commercial block in this application is different than the one that was before
the Committee in July; reiterating that their intent is to create a business
district commercial corridor; indicating that, because of the population
density in this area, they have proposed a larger commercial block to provide
an anchor to support the business district commercial corridor; noting that,
they need the additional customers and trade area being brought in through the
Neighbourhood Commercial, to provide a viable business district commercial
corridor for this area; further noting that, without the larger population,
they do not know if the population is there to support and maintain it;
reiterating that it meets the locational criteria for appropriate sites, has
good access to the rest of the subdivision and there is no commercial
identified in the Uplands North area; indicating that there is some commercial
at this intersection already; however, if you look at the Uplands Area Plan,
there is no commercial serving that entire area so this node will serve that
entire area; indicating that staff commented on the square footage; advising
that the proposed zoning that they have for these lands would contemplate
approximately 60,000 square feet on the commercial block; noting that the business
district commercial zone does allow for 90 percent lot coverage and that is
what staff have based the square footage on; indicating that they realistically
cannot develop the lots that way as there are parking requirements; indicating
that, based on a 30 percent typical coverage for commercial, they would be
looking at 60,000 square feet for the commercial block and approximately 30,000
to 40,000 square feet amongst the three business district commercial blocks;
reiterating that the commercial that they are looking for is not to the extent
of 130,000 to 180,000; noting that they would be well within 100,000 square
feet and that is well within the Neighbourhood Commercial areas contemplated
for this type of use; indicating that she did have a discussion with staff and
staff is no longer requiring the roundabouts at the various intersections;
noting that this plan reflects the removal of the roundabouts; advising that
the other concern that staff had was with their 18 metre road allowances
located at the top of the plan and Streets “F” and “G”; reiterating that the
Official Plan does allow for road widths of 16 metres to 20 metres; noting that
these roads are well within that; further noting that there are design
standards that allow for 18 metre roads; advising that, throughout this
process, the road widths have changed several times; indicating that they
started with 17 metres, now they are at 18 metres and now staff are asking for
19 meters; indicating that they are trying to find a balance; advising that, as
part of this design, they are looking for urbanism as part of this subdivision;
advising that, as part of this subdivision, they have proposed zoning
regulations that allow for the homes to be constructed closer to the street,
along with the narrower road widths, that brings everything closer together;
indicating that that is what they are looking for in terms of the subdivision;
reiterating that they have come to the Committee because they are at a
stalemate on a lot of these issues and are looking for direction from the
Committee as to how they can proceed and hopefully come up with a solution
because this application has been ongoing for so many years, they would like to
bring it to an end; reiterating that they are asking the Committee to direct
staff to approve the plan, that they submitted in April, 2013; indicating that
this would outline that the wetland issues can be handled by way of draft plan
conditions, that the parkland is in an appropriate location given the design
that they are looking for for this subdivision, that the amount of commercial
proposed is appropriate to serve the needs of the surrounding Uplands area and
is necessary to support the viability of the business district commercial zone
and that the 18 metre road allowances that are contemplated for local streets
are appropriate for this development; requesting that the staff report back as
soon as possible; indicating that she has had a number of meetings with staff
about these same items and they have not been able to move forward which is why
they are looking to the Committee for some additional input on this.
(2013-D14A/D12)
That, the Civic Administration BE DIRECTED
to meet with York Developments to determine if the proposed development,
located at 3493 Colonel Talbot Road, can be accommodated expediently and to
report back at a November Planning and Environment Committee meeting; it
being noted that the Planning and Environment Committee reviewed and received
the attached presentation from D. Ailles, York Developments and L.
Courtney, 3493 Colonel Talbot Road, with respect to the property located at
3493 Colonel Talbot Road.
|
That, the start time of the October 29,
2013 Planning and Environment Committee meeting BE CHANGED to 4:30 PM.
|
At
7:57 PM Councillor J.B. Swan enters the meeting.
Motion Passed
YEAS: J.F. Fontana, B. Polhill, B. 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 S.E. White to Approve clause 3.
That, on the recommendation of the Senior
Planner, Development Services, based on the application of the City of
London, relating to the property located at 613 Sovereign Road, the proposed
by-law, as appended to the staff report dated October 8, 2013, BE INTRODUCED
at the Municipal Council meeting to be held on October 22, 2013, to amend
Zoning By-law No. Z.-1, (in conformity with the Official Plan), to change the
zoning of the subject lands FROM a Holding Light Industrial (h*h-148*LI2/LI7)
Zone TO a Light Industrial (LI2/LI7) Zone, to remove the “h” and “h-148”
holding provision. (2013-D14B)
|
Motion Passed
YEAS: J.F. Fontana, B. 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)
RECUSED: B. Polhill (1)
|
Motion made by Councillor D. Brown to
Approve clauses 1 to 8.
|
That it BE NOTED that no pecuniary
interests were disclosed.
|
That the 4th Report of the Council Housing
Leadership Committee, from its meeting held on September 23, 2013, BE
RECEIVED.
|
That, on the recommendation of the Managing
Director of Neighbourhood, Children & Fire Services, the staff report
dated October 7, 2013, regarding transitioning London CAReS to the London
Homeless Prevention System, BE RECEIVED for information. (2013-S14)
|
That, on the recommendation of the Managing
Director, Neighbourhood, Children and Fire Services, the following actions be
taken with respect to the Homelessness Partnering Strategy Homeless
Individuals and Families Information System (HIFIS) contract with Human
Resources and Skills Development Canada (HRSDC):
a) the
Homelessness Partnering Strategy Contribution Agreement, dated September 1,
2012, between Her Majesty the Queen in Right of Canada, as represented by the
Minister of Human Resources and Skills Development and The Corporation of the
City of London for funding under the Homelessness Partnering Strategy BE
TERMINATED; and,
b) the
proposed by-law, as appended to the staff report dated October 7, 2013, being
“a by-law to terminate the Homelessness Partnering Strategy Contribution
Agreement, dated September 1, 2102, between Her Majesty the Queen in Right of
Canada, as represented by the Minister of Human Resources and Skills
Development and The Corporation of the City of London for funding under the
Homelessness Partnering Strategy” BE INTRODUCED at the Municipal Council
meeting of October 22, 2013 to authorize the Managing Director,
Neighbourhood, Children and Fire Services to provide notice of termination in
accordance with section 39 of the Agreement referenced in paragraph a),
above.
|
That the following actions be taken with
respect to the 8th Report of the London Diversity and Race Relations Advisory
Committee (LDRRAC), from its meeting held on September 19, 2013:
a) clause
1 BE REFERRED to the Civic Administration for review and comment; clause 1
reads as follows:
"1. That the
London Diversity and Race Relations Advisory Committee's (LDRRAC) Terms of
Reference BE AMENDED as per the red-lined document; it being noted that the
LDRRAC reviewed and received its Policy and Planning Sub-committee minutes
from its meetings held on August 6 and September 5, 2103”; and
b) clauses 2 to 12 BE RECEIVED.
|
That, on the recommendation of the Managing
Director of Neighbourhood, Children and Fire Services, with the concurrence
of the Deputy City Treasurer, the following actions be taken with respect to
the delivery of Fire Services:
a) Dillon
Consulting Ltd. (DILLON), 235 Yorkland Blvd., Suite 800, Toronto, Ontario,
M2J 4Y8, BE AUTHORIZED to carry out the additional work required to complete
the review and development of options for a sustainable model of service
delivery at an upset total amount of $140,000 (excluding H.S.T.); it being
noting that Dillon has completed work to-date as awarded in accordance with
Section 15.3 of the City of London’s Procurement of Goods and Services
Policy;
b) the
Civic Administration BE AUTHORIZED to undertake all the administrative acts
that are necessary in connection with this purchase; and,
c) the
approval hereby given BE CONDITIONAL upon the Corporation having a purchase
order relating to the subject matter of this approval. (2013-L04)
|
That the City Clerk BE DIRECTED to
circulate the attached request to Council Members for nomination
consideration for participation on the Housing Services Corporation Board,
and to consult with the Chair of the Council Housing Leadership Committee
with respect to potential nominations.
|
That the Mayor BE REQUESTED to provide a
letter of recommendation for the London & Middlesex Local Immigration
Partnership Justice and Protection Services Sub-council for the Amethyst
Award, as outlined in the attached request, should the Mayor's Office
determine it is appropriate to do so.
|
Motion
Passed
YEAS:
J.F. Fontana, B. Polhill, B. 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 to
Approve clauses 1 to 5 and clauses 8 to 11.
|
That it BE NOTED that no pecuniary
interests were disclosed.
|
That, on the recommendation of the Deputy
City Treasurer, on the advice of the Division Manager, Corporate Asset
Management, the following actions be taken with respect to the Corporate
Asset Management Process:
a) the
funding for Units 5 and 6, Corporate Asset Management System Assessment and
Program Pilot Trial, based on the contract price, $552,479, HST excluded,
(RFP 11-37) BE APPROVED as set out in the Source of Financing appended to
the staff report dated October 8, 2013 as Appendix “A”;
b) the
Civic Administration BE DIRECTED to proceed with two pilots in Unit 6;
c) the
Civic Administration BE AUTHORIZED to undertake all the administrative acts
that are necessary in connection with the purchase of Units 5 and 6; and
d) 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.
|
That, on the recommendation of the Director
of Intergovernmental and Community Liaison, the report dated October 8, 2013
with respect to the Ministerial delegations at the AMO Annual General
Meeting, Conference and Trade Show for 2013 BE RECEIVED for information.
|
That the communication dated September 16,
2013 from Councillor H.L. Usher and Councillor J.L. Baechler regarding the
Federation of Canadian Municipalities Board of Directors meeting held on
September 4-7, 2013 in St. John's, Newfoundland BE RECEIVED for information.
|
That the following actions be taken with
respect to the communication dated September 19, 2013, from Councillor J.B.
Swan, with respect to publishing Council Members’ expenses on the City of
London’s website:
a) the
publishing of Council Members’ expenses on the City of London’s website BE
APPROVED; and
b) the
City Clerk BE DIRECTED to report back with the necessary policy changes in
order to implement a), above, taking into consideration any adjustments to
process that may be required to accommodate this change, as well as the
implications, if any, of applicable legislation such as the Municipal Freedom
of Information and Protection of Privacy Act.
|
That the communication dated September 19,
2013, from G. Macartney, CEO, London Chamber of Commerce, with respect to
Bill 73: Fair and Open Tendering Act BE RECEIVED; it being noted that the
Bill was defeated at Second Reading in the Ontario Legislature, however the
Civic Administration will continue to monitor this matter.
|
That Carole Dutton BE APPOINTED to the Animal
Welfare Advisory Committee as a Voting Member representing an Animal Rescue
Group, for the term ending February 28, 2015.
|
That Rifat Hussain BE APPOINTED to the
London Diversity and Race Relations Advisory Committee as a Non-Voting Member
representing the Cross Cultural Learner Centre, for the term ending February
28, 2015.
|
That Jon Ferreira BE APPOINTED to the
Community Safety and Crime Prevention Advisory Committee as a Voting Member representing
Neighbourhood Watch, for the term ending February 28, 2015.
|
Motion
Passed
YEAS: J.F. Fontana, B. Polhill, B. 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 to
Approve clause 6.
That the communication dated September 26,
2013, from Councillor J.B. Swan, with respect to public participation at
committee meetings via technology BE REFERRED to the City Clerk for a report
back on the potential for allowing delegations via advanced technology, with
an emphasis on addressing accessibility requirements.
|
Motion Passed
YEAS: J.F. Fontana, B. Polhill, B.
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 to Approve clause 7.
That NO ACTION BE TAKEN to place a question
on the ballot for the upcoming 2014 Municipal Election with respect to water
fluoridation; it being noted that the Corporate Services Committee received a
communication dated October 8, 2013, from Councillor S. Orser, with respect
to this matter.
|
Motion made by Councillor N. Branscombe and
seconded by Councillor J.B. Swan to Approve that pursuant to section 11.14 of
the Council Procedure By-law, the question be now put.
|
Motion Passed
YEAS: J.F. Fontana, J.B. Swan, J.L.
Baechler, N. Branscombe, M. Brown, P. Hubert, P. Van Meerbergen, H.L. Usher,
J.P. Bryant, S.E. White (10)
NAYS: B. Polhill, B. Armstrong, S. Orser,
D.G. Henderson, D. Brown (5)
|
The
motion to approve clause 7 is put.
Motion Passed
YEAS: J.F. Fontana, B. Polhill, J.B. Swan,
J.L. Baechler, N. Branscombe, M. Brown, P. Hubert, P. Van Meerbergen, H.L.
Usher, J.P. Bryant, S.E. White (11)
NAYS: B. Armstrong, S. Orser, D.G.
Henderson, D. Brown (4)
|
Motion made by Councillor J.B. Swan to
Approve clauses 1, 3 and 4.
|
That it BE NOTED that Councillor J. Swan
disclosed a pecuniary interest in clause 8 of this report, having to do with
a request from Councillor D. Henderson for permission to draft a performance
centre proposal, by indicating that his employer, Orchestra London, is involved
with a proposal for a Performing Art Centre.
|
That the communication dated September 19,
2013, from J. Stell-Buckingham, Project Manager, WFSC 2013, Skate Canada
Director of Events, with respect to the World Figure Skating Championships,
BE RECEIVED.
|
That the News Release dated September 26,
2013, from the Ministry of Economic Development, Trade and Employment,
Province of Ontario, with respect to a new strategy that will help social
enterprise grow and create jobs and attract new investment, BE REFERRED to
the Managing Director, Corporate Services, City Treasurer and Chief Financial
Officer, to determine a project lead and to follow up with the Province of Ontario
on this initiative.
|
Motion
Passed
YEAS: J.F. Fontana, B. Polhill, B. 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.B. Swan to Approve clause 2.
That the report dated October 15, 2013,
from the Managing Director, Corporate Services, City Treasurer and Chief
Financial Officer, with respect to the annual update on the Agreement between
the City of London and Western University for the Fraunhofer Project Centre
for Composites Research at the University of Western Ontario, BE RECEIVED.
|
Motion Passed
YEAS: J.F. Fontana, B. Polhill, B.
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, S.E. White
(14)
RECUSED: J.P. Bryant (1)
|
Motion
made by Councillor J.B. Swan to Approve clause 5.
That the verbal delegation and
communication from A. Langille, WIL Counseling and Training, with respect to
the first quarterly update on the Employment Sector Council London Middlesex
(ESCLM) and the London Middlesex Immigrant Employment Council (LMIEC), two
City-funded projects under the prosperity initiative, BE RECEIVED.
|
Motion Passed
YEAS: J.F. Fontana, B. Polhill, B.
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)
RECUSED: P. Hubert (1)
|
Motion
made by Councillor J.B. Swan to Approve clause 6.
That the following actions be taken with
respect to the proposal for a London shared space for social innovation,
business and financial plan:
a) the
communication and the attached presentation from M. Baldwin, Executive
Director, Pillar Nonprofit Network, with respect to a London shared space for
social innovation, business and financial plan, BE ENDORSED IN PRINCIPLE;
and,
b) the
Pillar Nonprofit Network requests to partner with the City of London and the
questions raised relating to building ownership, governance and the business
plan, in accordance with the due diligence checklist, BE REFERRED to the
Civic Administration, with a report back at a future meeting of the
Investment and Economic Prosperity Committee.
|
Motion Passed
YEAS: J.F. Fontana, B. Polhill, B.
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.B. Swan to Approve clause 7.
That, on the recommendation of the
Director, Corporate Investments and Partnerships and the Managing Director,
Corporate Services, Chief Financial Officer and City Treasurer, the following
actions be taken with respect to the development of London’s Medical
Innovation and Commercialization Network:
a) the
draft London Medical Innovation and Commercialization Network Governing
Council Terms of Reference, as appended to the staff report dated October 15,
2013, BE ENDORSED;
b) in
collaboration with St. Joseph’s Health Care Foundation, London Health
Sciences Foundation, Lawson Health Research Institute, Robarts Research
Institute, London Health Sciences Centre, St. Joseph’s Health Care and
Western University, the Civic Administration BE DIRECTED to undertake all the
administrative acts that are necessary to formalize the above-noted Terms of
Reference; and,
c) in
collaboration with St. Joseph’s Health Care Foundation, London Health
Sciences Foundation, Lawson Health Research Institute, Robarts Research
Institute, London Health Sciences Centre, St. Joseph’s Health Care and
Western University, the Civic Administration BE DIRECTED to undertake all the
administrative acts that are necessary to develop applications for additional
project funding;
it being noted that the Investment and
Economic Prosperity Committee heard a verbal update from D. Ross, President
and CEO, London Health Sciences Foundation and D. Hill, Scientific Director,
Lawson Health Research Institute, with respect to this matter.
|
Motion Passed
YEAS: J.F. Fontana, B. Polhill, B.
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, S.E. White
(14)
RECUSED: J.P. Bryant (1)
|
Motion
made by Councillor M. Brown to Approve clause 8.
That the communication dated October 1,
2013, from Councillor D. Henderson, with respect to a request for permission
to draft a performance centre proposal, BE RECEIVED.
|
Motion Passed
YEAS: J.F. Fontana, B. Polhill, B.
Armstrong, 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)
RECUSED: J.B. Swan (1)
|
Motion made by Councillor M. Brown to
Approve clauses 1 to 6.
|
That if BE NOTED that no pecuniary
interests were disclosed.
|
That, the following actions be taken regarding
the Municipal Performance Measurement Program (MPMP) – Three Year Comparative
Values 2010 – 2012:
a) the staff report dated September
26, 2013 BE RECEIVED for information; and,
b)
the Civic Administration BE DIRECTED to provide additional background
information in future reports with respect to the data provided.
|
That, on the recommendation of
PricewaterhouseCoopers (PwC), the following actions be taken regarding
potential amendments to the 2013 Risk-Based Audit Plan and scoping for the
2014 Risk-Based Audit Plan:
a)
PricwaterhouseCoopers’ report dated September 26, 2013 BE RECEIVED for
information; and,
b)
the proposed 2013 Risk-Based Audit Plan and scoping for the 2014
Risk-Based Audit Plan BE APPROVED.
|
That, on the recommendation of
PricewaterhouseCoopers (PwC), the following actions be taken on the Quarterly
Reports on Internal Audit Results – Corporate Services/Finance - Facilities
and Property Utilization and Corporate Services/Finance - Property Tax
Assessments and Collections:
a)
PricewaterhouseCoopers’ (PwC) report dated September 26, 2013 BE RECEIVED for
information;
b)
the action plans identified in Appendix A of PricewaterhouseCoopers’
(PwC) report dated September 26, 2013, BE IMPLEMENTED;
c)
the action plans identified in Appendix B of PricewaterhouseCoopers’
(PwC) report dated September 26, 2013, BE IMPLEMENTED;
d)
the Quarterly Results on Internal Audit Results identified in Appendix C
of PricewaterhouseCoopers’ (PwC) report dated September 26, 2013, BE
RECEIVED; and,
e)
PricewaterhouseCoopers (PwC) BE REQUESTED to provide an update regarding
the review of Information Technology governance and risk at the next meeting
of the Audit Committee.
|
That PriceWaterhouseCoopers (PwC) BE
DIRECTED to undertake a review of the current City of London practices and
policies with respect to retaining external consulting services, except for
consultant reports subject to labour relations privilege, litigation
privilege, solicitor-client privilege or exceptions under the Municipal
Freedom of Information and Protection of Privacy Act (MFIPPA), and to report
back to the Audit Committee on the following matters:
a) any
improvements that can be made to ensure that external consultants are being
engaged at appropriate times to achieve a value for money perspective; and,
b)
opportunities to strengthen accountability and transparency with
respect to the process followed to retain external consultants.
|
That the letter dated September 20, 2013,
from Susanna Hubbard Krimmer, CEO & Chief Librarian, London Public
Library, and the appended report from PricewaterhouseCoopers (PwC) with
respect to an audit of the London Public Library – revenue base and fee
structure, BE RECEIVED.
|
Motion
Passed
YEAS:
J.F. Fontana, B. Polhill, B. 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.B. Swan to
Approve clauses 1, 2, 4, 6, 7 and 8.
|
1.
|
Disclosures of Pecuniary Interest
|
That
it BE NOTED that no pecuniary interests were disclosed.
2.
|
City Manager – Strategic Plan Progress
Report
|
That, on the recommendation of the City
Manager, the report dated October 21, 2013 with respect to progress towards
advancing the results identified in the 2011-2014 Strategic Plan BE RECEIVED
for information; it being noted that consideration should be given to including
what has been accomplished in the areas of the City’s Diversity Statement,
W12A, animal welfare and the Industrial Land Strategy and, if appropriate, the
accomplishments of local boards and commissions.
4.
|
Tabling of the 2014 Water and Wastewater
Budgets
|
That, on the recommendation of the Managing
Director, Environmental and Engineering Services and City Engineer, the draft
2014 Operating Budgets, 2014 Capital Budgets and associated forecasts for Water
Services and Wastewater and Treatment Services BE RECEIVED AND BE REFERRED to
the Strategic Priorities and Policy Committee meeting being held on November
18, 2013, in order to receive public input and consider the draft Budgets; it
being noted that the Director of Water and Wastewater gave the attached
overview with respect to the draft Budgets.
6.
|
2014 Development Charges Study: Proposed
Changes to Development Charges Non-Residential Building Conversion and
Demolition Policies
|
That, on the recommendation of the Managing
Director, Corporate Services and City Treasurer, Chief Financial Officer, the
City Treasurer BE DIRECTED to include provisions in the 2014 Development
Charges By-law to provide an amount of conversion credit or demolition credit
against DC charges otherwise payable on buildings being converted or demolished
for the full DC rate, rather than the “discounted” or “subsidized” DC rate
currently used to calculate the credit; it being noted that the recommended
policy changes will reduce the net DC charge otherwise payable for the
applicant who converts institutional or industrial buildings to commercial or
residential uses; it being further noted that the Director, Development Finance
provided the attached overview with respect to this matter.
7.
|
Appointment Recommendations for the London
Convention Centre Board of Directors
|
That the following actions be taken with
respect to appointments to the London Convention Centre (LCC) Board of
Directors:
a) the
appointment of Titus Ferguson as the Emerging Leaders Representative, as well
as representing the digital media industry, to the London Convention Centre
Board of Directors, with the first year of this initial 3-year term effective
December 1, 2013 to November 30, 2014, BE APPROVED; and
b) a second
3-year term for Dr. Ron Holliday, with the first year of this second term
effective December 1, 2013 to November 30, 2014, BE APPROVED.
8.
|
Resignation from the Covent Garden Market
Corporation Board of Directors
|
That the communication dated October 9, 2013,
from Sandra Pineda, resigning her appointment to the Covent Garden Market Board
of Directors, BE ACCEPTED.
Motion Passed
YEAS: J.F. Fontana, B. Polhill, B.
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.B. Swan to Approve clause 3.
That
the following actions be taken with respect to the 11th Report of the Council
Compensation Review Task Force (Final Report):
a) the existing practice of not providing
additional honorariums to members of Council serving on agencies, boards and
commissions BE CONTINUED;
b) the existing practice of providing non-council
members with an honorarium for serving on agencies, board and commissions BE
CONTINUED;
c) NO ACTION BE TAKEN to establish a practice to
provide a stipend for an Acting Mayor. If the circumstance does arise,
the Council may consider establishing an Acting Mayor stipend should someone
be required to serve in this capacity for an extended of period such as
greater than a one month contiguous period;
d) consideration of a stipend for the Acting Mayor
position BE INCLUDED in the Terms of Reference of the next Council
Compensation Review Task Force;
e) the
following actions be taken with respect to benefits available to Council
Members:
i) NO CHANGE BE MADE to the benefits provided to the Council
Members it be noted that they should remain the same as presently provided to
Council Members and as provided for non-union staff at the City of London,
excluding eligibility for any paid leave;
ii) the Civic Administration BE ASKED to improve how the City
communicates Council Member benefits by providing clear information as to the
Council Member benefits package (as well as Council stipend practices) on the
City’s web site; and,
iii) given
the nature of the four-year term served by Council Members, and the
uncertainty as to how the long term disability (LTD) benefit should apply
after a Council Member’s term has expired, the Civic Administration BE ASKED
to clarify how to handle situations where a Council Member remains disabled
beyond the end of her or his term of office;
f) the following actions be taken with respect to
future regular reviews of council compensation:
i) the next regular review of Council compensation BE UNDERTAKEN in
four years’ time;
ii) the review of Council compensation BE CONDUCTED by a Citizen
Task Force formed at least 12 months in advance of its deadline to report
back to Council;
iii) the same Terms of Reference BE USED with the following
amendments:
A) the number of members at large be changed from 3 to 5, with a
preference that one of the 5 members be a former elected member of a
municipal council, and that one of the 5 members represent youth,
either from the London Youth Advisory Council or as nominated by Western University
and Fanshawe College; and
B) the mandate provide for continued work on matters covered within
the report of the 2013 Council Compensation Review Task Force, as well as
consideration of an Acting Mayor stipend;
iv) former Council Members, youth organizations, and service
clubs BE ENCOURAGED to consider submitting nominations for citizen-at-large
members;
v) prior to establishing the next Task Force, the Guiding
Principles BE REVIEWED by the Municipal Council in order to ensure they are
still relevant; and,
vi) the next Task Force BE ASKED to hold more than one
public participation meeting and to hold them at different times of day
(morning and later in the evening) to provide greater opportunities for
public input; and
g) the Mayor BE REQUESTED to send a letter to the
Task Force Members to thank them for the time, effort and expertise they put
into their work;
it
being noted that the Strategic Priorities and Policy Committee received a
verbal overview of the Final Report of the 2013 Council Compensation Review
Task Force from B. Orr, Task Force Chair.
|
Motion
made by Councillor J.B. Swan and seconded by Councillor D. Brown to Approve
that clause 3 be amended in line 4 of part e)i) by inserting the word
“generally” before the word “provided”.
|
Motion Passed
YEAS: J.F. Fontana, B. Polhill, B.
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)
|
Pursuant to section 17.2 of the Council
Procedure By-law, Councillor P. Hubert calls for a separate on parts a) to f).
Motion made by Councillor J.B. Swan and
seconded by Councillor B. Polhill to Approve clause 3 parts, a) to f), as
amended.
|
Motion Passed
YEAS: J.F. Fontana, B. Polhill, B.
Armstrong, J.B. Swan, S. Orser, D.G. Henderson, P. Van Meerbergen, D. Brown,
H.L. Usher, J.P. Bryant, S.E. White (11)
NAYS: J.L. Baechler, N. Branscombe, M.
Brown, P. Hubert (4)
|
Motion made by Councillor J.B. Swan and
seconded by Councillor M. Brown to Approve part g) of clause 3.
|
Motion Passed
YEAS: J.F. Fontana, B. Polhill, B.
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)
|
Clause 3, as amended, reads as follows:
That the
following actions be taken with respect to the 11th Report of the Council
Compensation Review Task Force (Final Report):
a) the existing practice of not providing additional
honorariums to members of Council serving on agencies, boards and commissions
BE CONTINUED;
b) the existing practice of providing non-council
members with an honorarium for serving on agencies, board and commissions BE
CONTINUED;
c) NO ACTION BE TAKEN to establish a practice to
provide a stipend for an Acting Mayor. If the circumstance does arise,
the Council may consider establishing an Acting Mayor stipend should someone be
required to serve in this capacity for an extended of period such as greater
than a one month contiguous period;
d) consideration of a stipend for the Acting Mayor
position BE INCLUDED in the Terms of Reference of the next Council Compensation
Review Task Force;
e) the
following actions be taken with respect to benefits available to Council
Members:
i) NO
CHANGE BE MADE to the benefits provided to the Council Members it be noted that
they should remain the same as presently provided to Council Members and as generally
provided for non-union staff at the City of London, excluding eligibility for
any paid leave;
ii) the
Civic Administration BE ASKED to improve how the City communicates Council
Member benefits by providing clear information as to the Council Member
benefits package (as well as Council stipend practices) on the City’s web site;
and,
iii) given the
nature of the four-year term served by Council Members, and the uncertainty as
to how the long term disability (LTD) benefit should apply after a Council
Member’s term has expired, the Civic Administration BE ASKED to clarify how to
handle situations where a Council Member remains disabled beyond the end of her
or his term of office;
f) the following actions be taken with respect to
future regular reviews of council compensation:
i) the
next regular review of Council compensation BE UNDERTAKEN in four years’ time;
ii) the
review of Council compensation BE CONDUCTED by a Citizen Task Force formed at
least 12 months in advance of its deadline to report back to Council;
iii) the
same Terms of Reference BE USED with the following amendments:
A) the
number of members at large be changed from 3 to 5, with a preference that one
of the 5 members be a former elected member of a municipal council, and
that one of the 5 members represent youth, either from the London Youth
Advisory Council or as nominated by Western University and Fanshawe College;
and
B) the
mandate provide for continued work on matters covered within the report of the
2013 Council Compensation Review Task Force, as well as consideration of an
Acting Mayor stipend;
iv) former Council Members, youth organizations, and service
clubs BE ENCOURAGED to consider submitting nominations for citizen-at-large
members;
v) prior to establishing the next Task Force, the Guiding
Principles BE REVIEWED by the Municipal Council in order to ensure they are
still relevant; and,
vi) the next Task Force BE ASKED to hold more than one
public participation meeting and to hold them at different times of day
(morning and later in the evening) to provide greater opportunities for public
input; and
g) the Mayor BE REQUESTED to send a letter to the Task
Force Members to thank them for the time, effort and expertise they put into
their work;
it being
noted that the Strategic Priorities and Policy Committee received a verbal
overview of the Final Report of the 2013 Council Compensation Review Task Force
from B. Orr, Task Force Chair.
Motion
made by Councillor P. Hubert to Approve clause 5.
5.
|
Proposed Public Education, Dialogue and
Consultation Plan for Future of London Hydro Inc.
|
That the
following actions be taken with respect to London Hydro:
a) NO ACTION
BE TAKEN with respect to selling any portion of London Hydro, which does not
exclude other options such as a merger or acquisition;
b) the
public education, dialogue and consultation plan for future options for London
Hydro as appended to the staff report dated October 21, 2013 BE APPROVED; and
c) the Civic
Administration BE AUTHORIZED to move forward with implementation of the
above-noted plan, including allocating a budget of up to $75,000;
it being
noted that the Strategic Priorities and Policy Committee heard the attached
presentation from the Business Planning Process Manager with respect to this
matter.
Motion made by Councillor S. Orser and
seconded by Councillor P. Van Meerbergen to Approve that part a) of clause 5 BE
AMENDED by inserting the words “controlling interest” following the word,
“selling”.
At 8:55 PM His Worship the Mayor places
Councillor P. Hubert in the Chair and takes a seat at the Council Board.
|
At 9:00 PM His Worship the Mayor resumes
the Chair and Councillor P. Hubert takes his seat at the Council Board.
|
Pursuant to section 11.6 of the Council
Procedure By-law, the motion moved by Councillor S. Orser and seconded by
Councillor P. Van Meerbergen is, at the joint request of the mover and seconder
and with the consent of the Council, withdrawn.
Pursuant to section 17.2 of the Council
Procedure By-law, Councillor J.B. Swan calls for a separate vote on part a) of
clause 5.
The motion to Approve part a) of clause 5
is put.
|
Motion Passed
YEAS: B. Armstrong, J.L. Baechler, N.
Branscombe, M. Brown, P. Hubert, D. Brown, H.L. Usher, J.P. Bryant (8)
NAYS: J.F. Fontana, B. Polhill, J.B. Swan,
S. Orser, D.G. Henderson, P. Van Meerbergen, S.E. White (7)
|
The motion to Approve part b) of clause 5
is put.
|
Motion Passed
YEAS: J.F. Fontana, B. Polhill, B.
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 part c) of clause 5
is put.
|
Motion Passed
YEAS: J.F. Fontana, B. Polhill, B.
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 (14)
NAYS: D.G. Henderson (1)
|
Motion
made by Councillor J.B. Swan to Approve clause 9.
9.
|
Shine the Light Purple for the Month of
November 2014
|
Motion made by Councillor J.L. Baechler and
seconded by Councillor D. Brown to Approve that clause 9 BE AMENDED by adding
the following new part b):
“b) the
Director, Roads and Transportation BE DIRECTED to install coloured LED spot
lights to illuminate the sidewalk along Angel Street, above and beyond the
light levels from the street lights, with the LED lights to be focused onto
the sidewalk or trees so that the LED lighting does not disrupt the lighting
of the road.”
|
Motion Passed
YEAS: J.F. Fontana, B. Armstrong, S. Orser,
J.L. Baechler, N. Branscombe, M. Brown, P. Hubert, D. Brown, S.E. White (9)
NAYS: B. Polhill, J.B. Swan, D.G.
Henderson, P. Van Meerbergen, H.L. Usher, J.P. Bryant (6)
|
Motion made by Councillor P. Hubert and
seconded by Councillor D. Brown to Approve clause 9, as amended.
|
Motion Passed
YEAS: J.F. Fontana, B. Polhill, B.
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)
Clause 9, as amended, reads as follows:
That the following actions be taken with
respect to Shine the Light Purple for Woman Abuse:
a)
Shine the Light Purple for the month of November 2014
BE APPROVED IN PRINCIPLE, subject to approval of a Council Policy for the
lighting of City Hall, which is presently being refined by the City Clerk;
and
b)
the Director, Roads and Transportation BE DIRECTED to
install coloured LED spot lights to illuminate the sidewalk along Angel
Street, above and beyond the light levels from the street lights, with the
LED lights to be focused onto the sidewalk or trees so that the LED lighting
does not disrupt the lighting of the road.
|
Motion
made by Councillor J.B. Swan to Approve clauses 1 and 2.
1.
|
Disclosures of Pecuniary Interest
|
That it BE NOTED that no pecuniary
interests were disclosed.
|
That the City Clerk and the City Solicitor
BE DIRECTED to report back at a future meeting of the Strategic Priorities
and Policy Committee, in response to the report dated October 22, 2013, from
A. Marin, Ontario Ombudsman, regarding an investigation into whether Members
of Council for the City of London held an improper closed meeting on February
23, 2013, with respect to:
a) the
Ombudsman’s recommendation for the adoption of a written policy and/or
written guidelines by City Council and steps to ensure that Council and
Committee members are educated on the open meeting requirements of the Municipal
Act, 2001, with the inclusion of a definition of what constitutes a “meeting”
that upholds the public’s right to observe municipal government in process,
and an explanation of how it applies to informal discussions of Council and
Committee business;
b)
the
Ombudsman’s recommendation for all Members of Council for the City of London
to refrain from using the pretext of social gatherings to conduct City
business behind closed doors;
c)
the
Ombudsman’s recommendation for all Members of Council for the City of London
to be vigilant in adhering to their individual and collective obligation to
ensure that Council complies with its statutory responsibilities under the Municipal
Act, 2001, as well as its own procedures and by-laws.
d)
a
possible fine or sanction to be linked to the Council Members’ Code of
Conduct relative to infractions identified by the Ombudsman; and
e)
the
disclosure of the full cost of outside legal counsel provided to Members of
Council.
|
Motion made by Councillor J.B. Swan and
seconded by Councillor B. Polhill to Approve that clause 2 BE AMENDED, to add
a new part f) as follows:
“f) the
Ombudsman of Ontario respectfully BE REQUESTED to publicly disclose the cost
of his investigation into this matter.”
|
Motion Passed
YEAS: J.F. Fontana, B. Polhill, J.B. Swan,
S. Orser, D.G. Henderson, P. Van Meerbergen, D. Brown, S.E. White (8)
NAYS: B. Armstrong, J.L. Baechler, N. Branscombe,
M. Brown, P. Hubert, H.L. Usher, J.P. Bryant (7)
|
The motion to Approve clause 1 and parts a,
b and c of clause 2 is put.
|
Motion Passed
YEAS: J.F. Fontana, B. Polhill, B.
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 part d) of clause 2
is put.
|
Motion Passed
YEAS: J.F. Fontana, B. Armstrong, J.B.
Swan, J.L. Baechler, N. Branscombe, M. Brown, P. Hubert, J.P. Bryant (8)
NAYS: B. Polhill, S. Orser, D.G. Henderson,
P. Van Meerbergen, D. Brown, H.L. Usher, S.E. White (7)
|
The motion to Approve part e) of clause 2
is put.
|
Motion Passed
YEAS: J.F. Fontana, B. Polhill, B.
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 P. Hubert and
seconded by Councillor S. Orser to Approve clause 2 as amended.
|
Motion Passed
YEAS: J.F. Fontana, B. Polhill, B.
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)
|
Clause
1 and clause 2, as amended, read as follows:
1.
That
it BE NOTED that no pecuniary interests were disclosed.
2. That
the City Clerk and the City Solicitor BE DIRECTED to report back at a future
meeting of the Strategic Priorities and Policy Committee, in response to the
report dated October 22, 2013, from A. Marin, Ontario Ombudsman, regarding an
investigation into whether Members of Council for the City of London held an
improper closed meeting on February 23, 2013, with respect to:
a) the Ombudsman’s recommendation for the adoption of
a written policy and/or written guidelines by City Council and steps to ensure
that Council and Committee members are educated on the open meeting
requirements of the Municipal Act, 2001, with the inclusion of a definition of
what constitutes a “meeting” that upholds the public’s right to observe
municipal government in process, and an explanation of how it applies to
informal discussions of Council and Committee business;
b) the
Ombudsman’s recommendation for all Members of Council for the City of London to
refrain from using the pretext of social gatherings to conduct City business
behind closed doors;
c) the
Ombudsman’s recommendation for all Members of Council for the City of London to
be vigilant in adhering to their individual and collective obligation to ensure
that Council complies with its statutory responsibilities under the Municipal
Act, 2001, as well as its own procedures and by-laws.
d) a
possible fine or sanction to be linked to the Council Members’ Code of Conduct
relative to infractions identified by the Ombudsman;
e) the
disclosure of the full cost of outside legal counsel provided to Members of
Council; and,
f) the
Ombudsman of Ontario respectfully BE REQUESTED to publicly disclose the cost of
his investigation into this matter.
None.
None.
Motion made by Councillor D. Brown and
seconded by Councillor J.P. Bryant to Approve leave to introduce an emergent
motion related to Town & Gown Public public participation meeting.
|
At 9:55 PM Councillors P. Hubert, P. Van
Meerbergen and S.E. White leave the meeting.
Motion Passed
YEAS: J.F. Fontana, B. Polhill, B.
Armstrong, J.B. Swan, S. Orser, J.L. Baechler, N. Branscombe, M. Brown, D.G.
Henderson, D. Brown, H.L. Usher, J.P. Bryant (12)
|
Motion made by Councillor M. Brown and
seconded by Mayor J.F. Fontana to Approve that the City Clerk BE DIRECTED to
make the necessary arrangements to hold a Public Participation Meeting before
the Town and Gown Committee, in order to receive input from all interested
parties with respect to the current practices being undertaken in dealing
with the conduct of students attending local post-secondary institutions; it
being noted that representatives of Western University and its affiliated
colleges, Fanshawe College, the University Students’ Council, the Student
Union, the London Police Service, the City of London, students and the
general public will be invited to attend the meeting.
|
At 9:58 His Worship the Mayor places Councillor
D.G. Henderson in the Chair and takes a seat at the Council Board.
|
At 10:02 PM His Worship the Mayor resumes
the Chair and Councillor D.G. Henderson takes his seat at the Council Board.
|
At
10:05 PM Councillor S. Orser leaves the meeting.
The
motion to adopt the emergent motion relating to a special meeting before the
Town & Gown Committee is put.
Motion Passed
YEAS: J.F. Fontana, B. Polhill, B.
Armstrong, J.B. Swan, J.L. Baechler, N. Branscombe, M. Brown, D.G. Henderson,
D. Brown, H.L. Usher, J.P. Bryant (11)
|
Motion made by Councillor D. Brown and
seconded by Councillor J.P. Bryant to Approve leave to introduce motion
related to moving in camera.
|
Motion Passed
YEAS: J.F. Fontana, B. Polhill, B.
Armstrong, J.B. Swan, J.L. Baechler, N. Branscombe, D.G. Henderson, D. Brown,
H.L. Usher, J.P. Bryant (10)
RECUSED: M. Brown (1)
|
At
10:10 PM Councillor D.G. Henderson leaves the meeting.
Motion made by Councillor N. Branscombe and
seconded by Councillor D. Brown to Approve that Council rise and go into
Committee of the Whole, in camera, for the purpose of considering a matter
pertaining to the purpose of instructions and directions to officers and
employees of the Corporation pertaining to a proposed acquisition and/or
disposition of land; advice that is subject to solicitor-client privilege,
including communications necessary for that purpose; reports or advice or
recommendations of officers and employees of the Corporation pertaining to a
proposed acquisition and/or disposition of land; commercial and financial
information supplied in confidence pertaining to the proposed acquisition
and/or disposition the disclosure of which could reasonably be expected to,
prejudice significantly the competitive position or interfere significantly with
the contractual or other negotiations of the Corporation, result in similar
information no longer being supplied to the Corporation where it is in the
public interest that similar information continue to be so supplied, and
result in undue loss or gain to any person, group, committee or financial
institution or agency; commercial, information relating to the proposed
acquisition and/or disposition that belongs to the Corporation that has
monetary value or potential monetary value; information concerning the
proposed acquisition and/or disposition whose disclosure could reasonably be
expected to prejudice the economic interests of the Corporation or its
competitive position; information concerning the proposed acquisition and/or
disposition whose disclosure could reasonably be expected to be injurious to
the financial interests of the Corporation; and instructions to be applied to
any negotiations carried on or to be carried on by or on behalf of the
Corporation concerning the proposed acquisition and/or disposition.
|
Motion Passed
YEAS: J.F. Fontana, B. Polhill, B.
Armstrong, J.B. Swan, J.L. Baechler, N. Branscombe, D. Brown, H.L. Usher,
J.P. Bryant (8)
RECUSED: M. Brown (1)
|
The Council rises and goes into Committee of
the Whole, in camera, at 10:11 PM, with Mayor J.F. Fontana in the Chair and all
Members present except Councillors B. Armstrong, M. Brown, S. Orser, P. Hubert,
D.G. Henderson, P. Van Meerbergen and S.E. White.
The Committee of the Whole rises at 10:18 PM
and Council resumes in regular session at 10:19 PM, with Mayor J.F. Fontana in
the Chair and all Members present except Councillors S. Orser, P. Hubert, D.G.
Henderson, P. Van Meerbergen and S.E. White.
Motion made by Councillor J.L. Baechler and
seconded by Councillor N. Branscombe to Approve:
1. That
the Committee of the Whole met, in camera, for the purpose of considering the
following:
a) a
matter pertaining to advice that is subject to solicitor-client privilege,
including communications necessary for that purpose with respect to the
provincial minimum maintenance standards, as amended. (C1/18/CWC)
b) a
matter pertaining to the security of the property of the Corporation as it
contains commercial and financial information supplied in confidence to the
Corporation, the disclosure of which could be reasonably expected to
prejudice significantly the competitive position or interfere significantly
with the contractual or other negotiations of a person, group of persons or
organization, result in similar information no longer being supplied to the
Corporation where it in the public interest that similar information continue
to be so supplied and result in undue loss or gain to any person, group,
committee or financial institution or agency and matters related to the
personal information about identifiable individuals, including municipal or
local board employees related to the potential provision of internal audit
services for the City of London, by an external organization. (C2/6/AC)
c) matter
pertaining to personal information about identifiable individuals, including
municipal employees, with respect to employment related matters, including
employee negotiations, advice or recommendations of officers and employees of
the Corporation, including communications necessary for that purpose
regarding succession planning. (C1/6/AC)
d) matter
pertaining to employee negotiations; personal matters, including information
regarding identifiable individuals, including municipal employees, with respect
to employment related matters, including advice or recommendations of
officers and employees of the Corporation, including communications necessary
for that purpose and for the purpose of providing instructions and directions
to officers and employees of the Corporation. (C3/6/AC).
2.
The
Civic Administration BE DIRECTED to explore the concept of redevelopment of
the Sherwood Forest Public School property, through collaboration with other
interested parties such as, but not limited to, neighbourhood and private
sector partners, for parkland and housing purposes; it being noted that any
decision by the municipality in this regard would have to be prior to the
expiration of the 90-day prescribed deadline for the School Board to offer
the property to the local municipality.
|
Motion Passed
YEAS: J.F. Fontana, B. Polhill, B.
Armstrong, J.B. Swan, J.L. Baechler, N. Branscombe, D. Brown, H.L. Usher,
J.P. Bryant (9)
RECUSED: M. Brown (1)
|
BY-LAWS TO BE READ A FIRST, SECOND AND
THIRD TIME:
|
Motion made by Councillor D. Brown and
seconded by Councillor J.P. Bryant to Approve Introduction and First Reading
of Bill No. 436.
|
Motion Passed
YEAS: J.F. Fontana, B. Armstrong, J.B.
Swan, J.L. Baechler, N. Branscombe, M. Brown, D. Brown, H.L. Usher, J.P.
Bryant (9)
RECUSED: B. Polhill (1)
|
Motion made by Councillor D. Brown and
seconded by Councillor M. Brown to Approve Second Reading of Bill No. 436.
|
Motion Passed
YEAS: J.F. Fontana, B. Armstrong, J.B.
Swan, J.L. Baechler, N. Branscombe, M. Brown, D. Brown, H.L. Usher, J.P.
Bryant (9)
RECUSED: B. Polhill (1)
|
Motion made by Councillor D. Brown and
seconded by Councillor H.L. Usher to Approve Third Reading and Enactment of
Bill No. 436.
|
Motion Passed
YEAS: J.F. Fontana, B. Armstrong, J.B. Swan,
J.L. Baechler, N. Branscombe, M. Brown, D. Brown, H.L. Usher, J.P. Bryant (9)
RECUSED: B. Polhill (1)
|
Motion made by Councillor B. Polhill and
seconded by Councillor M. Brown to Approve Introduction and First Reading of
Bill No.s 428 to 435 and 437.
|
Motion Passed
YEAS: J.F. Fontana, B. Polhill, B.
Armstrong, J.B. Swan, J.L. Baechler, N. Branscombe, M. Brown, D. Brown, H.L.
Usher, J.P. Bryant (10)
|
Motion made by Councillor B. Polhill and
seconded by Councillor N. Branscombe to Approve Second Reading of Bill No.s
428 to 435 and 437.
|
Motion Passed
YEAS: J.F. Fontana, B. Polhill, B.
Armstrong, J.B. Swan, J.L. Baechler, N. Branscombe, M. Brown, D. Brown, H.L.
Usher, J.P. Bryant (10)
|
Motion made by Councillor B. Polhill and
seconded by Councillor J.L. Baechler to Approve Third Reading and Enactment
of Bill No.s 428 to 435 and 437.
|
Motion Passed
YEAS: J.F. Fontana, B. Polhill, B.
Armstrong, J.B. Swan, J.L. Baechler, N. Branscombe, M. Brown, D. Brown, H.L.
Usher, J.P. Bryant (10)
|
The following by-laws are passed and enacted
as by-laws of The Corporation of the City of London:
Bill No. 428
By-law No. A.-7023-307
|
A by-law to confirm
the proceedings of the Council Meeting held on the 22nd day of October, 2013.
(City Clerk)
|
Bill No. 429
By-law No. A.-7024-308
|
A by-law to terminate
the Homelessness Partnering Strategy Contribution Agreement, dated September
1, 2012 between Her Majesty the Queen in Right of Canada, as represented by
the Minister of Human Resources and Skills Development and The Corporation of
the City of London for funding under the Homelessness Partnering Strategy.
(4/19/CPSC)
|
Bill No. 430
By-law No. A.-5273(co)-309
|
A
by-law to amend By-law No. A.-5273-82 entitled, “A by-law to appoint
Municipal Law Enforcement Officers for the City of London.” (Manager of
By-Law Enforcement)
|
Bill No. 431
By-law No. PS.-111-13128
|
A by-law
to amend By-law PS-111 entitled, “A by-law to regulate traffic and the
parking of motor vehicles in the City of London.” (5/17/CWC)
|
Bill No. 432
By-law No.
S.-5601-310
|
A by-law to lay
out, constitute, establish and assume certain reserves in the City of London as public highway. (as
widening to Hyde Park Road, north of Riverside Drive). (Chief Surveyor)
|
Bill No. 433
By-law No.
S.-5602-311
|
A
by-law to lay out, constitute, establish and assume certain
reserves in the City of London as public highway. (as
widening to Wellington Road South, at Roxburgh Road and as widening to
Wellington Road South, south of Roxburgh Road).
(Chief Surveyor)
|
Bill No. 434
By-law No.
S.-5603-312
|
A by-law to permit
Matthew Fremlin Furmston and Monique Ingrid Furmston to maintain and use an
encroachment upon the road allowance for Waterloo Street, City of London.
(City Solicitor)
|
Bill No. 435
By-law No. Z.-1-132238
|
A by-law to amend
By-law No. Z.-1 to remove holding provisions from the zoning for a portion of
land located at 160 Sunningdale Road West. (2/22/PEC)
|
Bill No. 436
By-law No. Z.-1-132239
|
A by-law to amend
By-law No. Z.-1 to remove the holding provision from the zoning on lands
located at 613 Sovereign Road. (3/22/PEC)
|
Bill No. 437
By-law No. Z.-1-132240
|
A by-law to amend
By-law No. Z.-1 to remove holding provisions from the zoning of the lands
located at 1331 Hyde Park Road. (4/22/PEC)
|
Motion made by Councillor N. Branscombe and
seconded by Councillor J.L. Baechler to Adjourn.
Motion Passed
The meeting adjourns at 10:26 PM.
_________________________________
Joe
Fontana, Mayor
_________________________________
Catharine
Saunders, City Clerk