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Council

MINUTES

4TH MEETING

 

January 28, 2014

 

The Council meets in Regular Session in the Council Chambers this day at 4:04 PM.

 

PRESENT: Mayor J.F. Fontana and Councillors 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, J. Braam, S. Corman, B. Coxhead, S. Datars Bere, A. Dunbar, J.M. Fleming, K. Graham, T. Grawey, N. Hall, M. Hayward, G.T. Hopcroft, J. Jackson, L. Lavery, L. Livingstone, J. Logan, V. McAlea Major, D. O’Brien, R. Paynter, D. Popadic, M. Ribera, L. Rowe, B. Warner, B. Westlake-Power and B. Whitelaw.

 

At the beginning of the Meeting all Members are present except Councillors D. Brown, J.B. Swan and P. Van Meerbergen.

 

I

DISCLOSURES OF PECUNIARY INTEREST

 

Councillor S.E. White discloses a pecuniary interest in clause 6 of the 2nd Report of the Planning and Environment Committee having to do specifically with clause 12 c) of the 1st Report of the London Advisory Committee on Heritage, related to the application by the Tricar Group for the property located at 1030 Coronation Drive, by indicating that she lives slightly out of the circulation zone. 

 

At 4:07 PM Councillors P. Van Meerbergen and D. Brown enter the meeting. 

 

Councillor D. Brown discloses a pecuniary interest in clause 10 of the 2nd Report of the Planning and Environment Committee, having to do with the property located at 122 Wortley Road, by indicating that her home is in close proximity to the proposed development.

 

Councillor M. Brown discloses a pecuniary interest with respect to the enquiry of Councillor S.E. White, having to do with the proposed new school in the Summerside area, by indicating that the Thames Valley District School Board is his employer.

 

II

REVIEW OF CONFIDENTIAL MATTERS TO BE CONSIDERED IN PUBLIC

 

None.

 

III

ADDED REPORTS

 

None. 

 

Motion made by Councillor J.L. Baechler and seconded by Councillor S.E. White to approve that pursuant to section to section 7.4 of the Council Procedure By-law, the order of business be changed to permit consideration of the Part XI Enquiries, to be heard prior to Part IV Committee of the Whole, in camera.

 

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)

 

Motion made by Councillor J.L. Baechler and seconded by Councillor J.P. Bryant to Approve that pursuant to section to section 7.4 of the Council Procedure By-law, the order of business be changed to permit consideration of the Part V Recognitions, to be heard prior to Part IV Committee of the Whole, in camera.

 

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)

 

 

XI

ENQUIRIES

 

Councillor Baechler enquired if it would be possible to receive an update on the City of London’s Industrial Land Development Strategy.  The Chair referred receipt of an update to the in camera session.

 

Councillor S.E. White indicated it was her understanding that the Thames Valley District School Board would not be constructing a new public school in the Summerside area, in the near future, due to insufficient enrolment.  She noted that this was of great concern to the constituents of her Ward and enquired if it would be possible to place this matter on the Agenda of the City of London/Thames Valley District School Board Liaison Committee meeting to be held on February 20, 2014.  The Chair indicated that he would do so and would also keep this matter in mind for a future meeting with the City of London/London District Catholic School Board Liaison Committee.

 

V

RECOGNITIONS

 

1.

His Worship the Mayor presents a certificate for "London's Featured Community Organization" to the London Training Centre.

 

2.

His Worship the Mayor presents a cheque to Glen Pearson of the London Food Bank and to Wayne Dunn, Chair of the Business Cares Food Drive, on behalf of the Corporation’s Business Cares Food Drive 2013.

 

IV

COMMITTEE OF THE WHOLE, IN CAMERA

 

Motion made by Councillor D. Brown and seconded by Councillor B. Polhill to approve that the Council rise and go into Committee of the Whole, in camera, for the purpose of considering the following:

 

a)            A matter pertaining to the purpose of instructions and directions to officers and employees of the Corporation pertaining to a proposed acquisition of land; advice that is subject to solicitor-client privilege, including communications necessary for that purpose; reports or advice or recommendations of officers and employees of the Corporation pertaining to a proposed acquisition of land; commercial and financial information supplied in confidence pertaining to the proposed acquisition the disclosure of which could reasonably be expected to, prejudice significantly the competitive position or interfere significantly with the contractual or other negotiations of the Corporation, result in similar information no longer being supplied to the Corporation where it is in the public interest that similar information continue to be so supplied, and result in undue loss or gain to any person, group, committee or financial institution or agency; commercial, information relating to the proposed acquisition that belongs to the Corporation that has monetary value or potential monetary value;  information concerning the proposed acquisition whose disclosure could reasonably be expected to prejudice the economic interests of the  Corporation or its competitive position; information concerning the proposed acquisition whose disclosure could reasonably be expected to be injurious to the financial interests of the Corporation; and instructions to be applied to any negotiations carried on or to be carried on by or on behalf of the Corporation concerning the proposed acquisition. (C1/5/CSC)

 

b)            A matter pertaining to litigation with respect to appeals to the Ontario Municipal Board by York Developments Inc., 1279059 Ontario Inc., CLF 1 (Wonderland Road) Inc., 1699259 Ontario Inc., E. and E. McLaughlin, and Lloyd Courtney, also known as the “York Developments Appeals”, relating to By-law No. C.P.-1284-(st)-331 to approve Official Plan Amendment 541, the Southwest Area Secondary Plan; and, advice that is subject to solicitor-client privilege, including communications necessary for that purpose, in connection with appeals to the Ontario Municipal Board by York Developments Inc., 1279059 Ontario Inc., CLF 1 (Wonderland Road) Inc., 1699259 Ontario Inc., E. and E. McLaughlin, and Lloyd Courtney, also known as the “York Developments Appeals”, relating to By-law No. C.P.-1284-(st)-331 to approve Official Plan Amendment 541, the Southwest Area Secondary Plan. (C1/2/PEC)

 

c)            (Added) A matter pertaining to instructions and directions to officers and employees of the Corporation pertaining to a proposed acquisition of land; advice that is subject to solicitor-client privilege, including communications necessary for that purpose; reports or advice or recommendations of officers and employees of the Corporation pertaining to a proposed acquisition of land; commercial and financial information supplied in confidence pertaining to a proposed acquisition the disclosure of which could reasonably be expected to prejudice significantly the competitive position or interfere significantly with the contractual or other negotiations of the Corporation, result in similar information no longer being supplied to the Corporation where it is in the public interest that similar information continue to be so supplied, and result in undue loss or gain to any person, group, committee or financial institution or agency; commercial, information relating to a proposed acquisition that belongs to the Corporation that has monetary value or potential monetary value;  information concerning a proposed acquisition whose disclosure could reasonably be expected to prejudice the economic interests of the  Corporation or its competitive position; information concerning a proposed acquisition, the disclosure of which 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 regarding the Industrial Land Strategy.

 

Motion Passed

 

YEAS: J.F. Fontana, B. Polhill, S. Orser, M. Brown, P. Hubert, D.G. Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant, S.E. White (11)

 

The Council rises and goes into Committee of the Whole, in camera at 4:31 PM, with Mayor J.F. Fontana in the Chair and all Members present, except Councillor J.B. Swan. 

 

The Committee of the Whole rises at 5:39 PM and Council reconvenes at 5:46 PM with Mayor J.F. Fontana in the Chair and all Members present, except Councillor J.B. Swan. 

 

VI

CONFIRMATION AND SIGNING OF THE MINUTES OF THE THIRD MEETING HELD ON JANUARY 14, 2014

 

Motion made by Councillor J.L. Baechler and seconded by Councillor P. Hubert to Approve the Minutes of the 3rd Meeting held on January 14, 2014.

 

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)

 

VII

COMMUNICATIONS AND PETITIONS

 

Motion made by Councillor B. Polhill and seconded by Councillor M. Brown to Approve referral of the following communication as noted:

 

1.

Property located at 193 Clarke Road (Z-8143) (Refer to the Planning and Environment Committee Stage for Consideration with Clause 9 of the 2nd Report of the Planning and Environment Committee.)

 

 

a)

M. & A. Molinaro, 1824 Sudbury Avenue; and

 

b)

I. Teixeira, 1810 Royal Crescent

 

2.

(ADDED) B. Davis, Old Masonville Ratepayers' Association - Properties located at 1607, 1609, 1611, 1615, 1619, 1623, 1627, 1631, 1635, 1639, 1643, 1649 and 1653 Richmond Street (OZ-7965) (Refer to the Planning and Environment Committee Stage for Consideration with Clause 11 of the 2nd Report of the Planning and Environment Committee.)

 

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)

 

VIII

MOTIONS OF WHICH NOTICE IS GIVEN

 

None. 

 

IX

REPORTS

 

Motion made by Councillor S.E. White and seconded by Councillor J.L. Baechler to Approve that pursuant to section to section 7.4 of the Council Procedure By-law, the order of business be changed to permit consideration of clause 9 of the 2nd Report of Planning and Envirionment Committee at this time.

 

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)

 

 

2nd Report of the Planning and Environment Committee

Councillor J.L. Baechler presents.

 

Motion made by Councillor J.L. Baechler to Approve clause 9.

 

9.

Property located at 193 Clarke Road (Z-8143)

 

That, on the recommendation of the Managing Director, Planning and City Planner, the following actions be taken with respect to the application of Southside Group, relating to the property located at 193 Clarke Road:

 

a)        the proposed attached, revised by-law BE INTRODUCED at the Municipal Council meeting to be held on January 28, 2014, to amend Zoning By-law No. Z.-1, (in conformity with the Official Plan), to change the zoning of the subject property FROM a Residential R1 (R1-7) Zone, which permits single detached dwellings TO a Holding Residential R7 Special Provision (h-5•R7(__)•H9•D45) Zone, with a maximum height of 9 metres (one storey) and a maximum density of 45 units per hectare; and,

 

b)         the Site Plan Approval Authority BE REQUESTED to implement the design and landscape features illustrated in general conformity with the conceptual plans, as appended as Appendix "B" to the staff report dated January 21, 2014, through the Site Plan Approval process, and consider the following:

 

               bicycle parking be included on the site;

               a Tree Preservation and Protection Plan be submitted with the site plan application;

               pedestrian walkway from Clarke Road to the proposed building be lined with continuous landscaping to help screen the walkway from the adjacent property to the north;

               shift the building to the west to provide a more welcoming feature at the front of the building and some outdoor amenity space adjacent to the Programme/Common space;

               eliminate parallel parking spaces on the north side of the entrance drive;

               further develop the landscape design of the outdoor amenity space at the back of the building;

               include deciduous trees along the south property line to screen the building rooflines from neighbours; and,

               use landscaping to demarcate private patio space;

 

it being noted that the Planning and Environment Committee reviewed and received the attached communication from M. Groshok, 1805 Royal Crescent, with respect to this matter;

 

it being pointed out that at the public participation meeting associated with this matter, the following individuals made oral submissions in connection therewith:

 

·                     Debbie Newman, 1801 Royal Crescent – indicating that, in the photographs that she provided, the first photograph is the homes surrounding 193 Clarke Road; noting that this shows the smaller entrance; advising that the homes on Sudbury Avenue, to the south of the proposed development, would have the building filling the entire area; showing a photograph with an arrow pointing where the parking would be, with a small area where the access would join Clarke Road; displaying a photograph where the building would take up an entire backyard view; displaying an aerial photograph of the area homes to show the difference between the size of the area home lots and the proposed development lot; indicating that there is a school and a church in the area with green space around them; noting that there will be no green space on the proposed development lot; advising that it takes up the look of everything around it; advising that her objections relating to the proposed zoning have been voiced at the community meeting; noting that they are shared objections, not just her sole opinions; indicating that they are all fearful of the consequences to their community should the zoning change be approved; indicating that, if nothing else, the sheer size of this project simply does not fit into this space; indicating that it is not a residential project from their view; expressing concern with the traffic access in and out on Clarke Road; expressing concern with the parking allotment and what they understand falls in the guidelines; advising that there are more units than parking spaces, which indicates to them that their peaceful surrounding side streets are going to turn into a parking lot for the overflow of visitors to “It’s Our Home”; expressing great concern with the water situation in the area; indicating that they, personally, have had to put a catch basin in their backyard to accommodate the water run off as it just does not filter through the ground fast enough; noting that it is a clay base and there is a lot of water that sits back there; advising that some of their neighbours experience flooding issues; advising that they have not seen a drainage plan and are curious to see where the water will go; reiterating that the ground is clay and the water will not soak through the clay; reiterating that all of the neighbours are afraid that the water is going to run onto their property killing their gardens and plants and contaminating their water; expressing concern that "It's Our Home” has not received its funding or been incorporated or its not-for-profit status; indicating that these issues raise alarm bells for the area residents because they are unsure what would happen if the zoning was amended without confirmation as to what is being going in the space; indicating that they have owned their property for eight years; advising that they would not have purchased their home if this building had been there at the time; indicating that the property value of all of the houses in their neighbourhood is going to suffer with this oversized building looking over their backyards; noting that she is referring to 12 backyards, not just one or two; advising that she understands that the guidelines for infill read “that the applicant must clearly demonstrate that the proposed project is sensitive to, compatible with, and a good fit within the existing surrounding neighbourhood; indicating that she does not find any of this to be true and that is where they have to depend on the Councillors; enquiring as to whether or not it would be more suitable for “It’s Our Home” to begin by designing a home that is similar in nature to any other that exist in their neighbourhood; advising that they addressed the same issue last year; indicating that the vote was 11-2 against the zoning change; advising that the comments made by the Municipal Council at that time were that there should be a differently designed building to fit into this uniquely shaped lot; that the building is too large with too many units; that the building looks too industrial; that there are drainage issues that need to be addressed; and, that this is not a building that they would want in their backyard; advising that, other than a change to the roofline, she does not see where this situation has changed; advising that, as taxpayers, they are now asking the Municipal Council to support them and to address their concerns relating to the nature of the proposed building; clarifying that people have said that they use this space as a backyard and there are no neighbours that use this space as a backyard; indicating that it is a free area as they all have fenced in backyards and everyone keeps within their yards; indicating that it is not a case of wanting to keep this space empty, they would just like to see the space filled with something that is appropriate to go with the rest of their neighbourhood; and, indicating that she cannot stress enough that this, in no way, has to do with a lack of support for “It’s Our Home”; reiterating that it has everything to do with the size of the project; advising that they would happily welcome “It’s Our Home” into their neighbourhood if they could provide a suitable building that fits in with their established community.  (see attached photographs).

·                     Lynn Johnston, 1797 Royal Crescent – see attached presentation.

·                     G. Playford, Consultant, “It’s Our Home” and Agent for the applicant – indicating that there has been screening that is shown in the renderings and will be incorporated in the site plan stage; advising that the group is not incorporated; and, indicating that, should the zoning proceed, they will be incorporating and looking for funding under the forthcoming affordable housing.   (2013-D14A)

 

Motion made by Councillor B. Armstrong and seconded by Councillor S. Orser to Approve that clause 9 to be referred back to staff to report back to a future meeting of the Planning and Environment Committee with respect to how stormwater management will be managed at the site so as not to adversely impact neighbouring properties. 

 

Motion Failed

 

YEAS: B. Armstrong, S. Orser, N. Branscombe, H.L. Usher (4)

 

NAYS: J.F. Fontana, B. Polhill, J.L. Baechler, M. Brown, P. Hubert, D.G. Henderson, P. Van Meerbergen, D. Brown, J.P. Bryant, S.E. White (10)

 

The motion to Approve clause 9 is put.

 

Motion Passed

 

YEAS: J.F. Fontana, B. Polhill, S. Orser, J.L. Baechler, M. Brown, P. Hubert, D.G. Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant, S.E. White (12)

 

NAYS: B. Armstrong, N. Branscombe (2)

 

Motion made by Councillor P. Van Meerbergen and seconded by Councillor B. Polhill to Approve that pursuant to section to section 7.4 of the Council Procedure By-law, the order of business be changed to permit consideration of clause 10 of the 2nd Report of Planning Committee at this time.

 

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, H.L. Usher, J.P. Bryant, S.E. White (13)

 

RECUSED: D. Brown (1)

 

Motion made by Councillor J.L. Baechler to Approve clause 10.

 

10.

Property located at 122 Wortley Road (Z-8183)

 

 

That, on the recommendation of the Managing Director, Planning and City Planner, the following actions be taken with respect to the application of Brian Baillargeon & Peter Jones, relating to the property located at 122 Wortley Road:

 

a)        the revised, proposed by-law, as appended to the Planning and Environment Committee Added Agenda dated January 21, 2013, BE INTRODUCED at the Municipal Council meeting to be held on January 28, 2014, to amend Zoning By-law No. Z.-1, (in conformity with the Official Plan), to change the zoning of the subject property FROM a Residential R2 (R2-2) Zone, which permits single detached dwellings, semi-detached dwellings, duplex dwellings and converted dwellings TO a Holding Residential R8 Special Provision (h-18•R8-4(_)) Zone; and

 

b)        the Site Plan Approval Authority BE REQUESTED to implement the following design issues through the site plan process: 

 

i)              the relocation of the accessible parking space, currently located in front of the building, to improve the pedestrian environment;

ii)         the inclusion of an urban or hardscaped forecourt between Wortley Road and the principal building entrance to improve the pedestrian experience along Wortley Road, with a defined edge that is parallel with Wortley Road and reinforces the building’s offset principal entrance;

iii)         the provision of a continuous concrete pedestrian walkway and landscaped connection along the southern building edge, linking the City sidewalk and the southern/front amenity space, to improve pedestrian access to the northern/rear amenity space and provide a convenient connection to the City sidewalk from the proposed rear doors;

iv)        the use of a stone base on the apartment building that will be complementary to the existing streetscape;

v)         the inclusion of outdoor rear-yard amenity space north of the apartment building to ensure future residents have an area to enjoy the park like setting, particularly in the rear of the property;

vi)        the breaking up of the massing of the north facade of the apartment building to reduce the visual bulk seen from Thames Park. This can be achieved by providing additional windows along the first storey. Consider the continuation of the base treatment around to the north elevation to further break up the massing;

vii)       the provision of landscaping along the rear boundary of the site to provide a transition to the adjacent public park space;

viii)       the development and submission of a fully detailed landscape plan that reflects the level of detail in the building and the historical context of the neighbourhood; and,

ix)        a revised tree preservation plan and/or a replanting plan, acceptable to the City, for trees that have shared ownership between the applicant and the City, to ensure the continued presence of trees which positively contribute to the streetscape, environment, tree canopy cover and slope stabilization;

 

it being noted that the Planning and Environment Committee reviewed and received the following communications, with respect to this matter:

 

·                     a communication from B. Leigh, 237 Briscoe Street East; and,

·                     the attached communication dated January 20, 2014, from D. & C. Weir, 106 Wortley Road;

 

it being pointed out that at the public participation meeting associated with this matter, the following individuals made oral submissions in connection therewith:

 

·                    Michelle, Doornbosch, Zelinka Priamo Ltd., on behalf of the owner and developer of the property – advising that this is a seven unit development that is proposed for a very unique parcel for this area; indicating that it was originally two separate parcels that have consolidated into one and have created a large, irregular shape that you do not find anywhere else in the area; noting that this site is not characteristic of the existing lot fabric and is the basis for the application that is before the Committee; indicating that the density that is permitted under the Low Density Residential Intensification Policies in the Official Plan does allow for a maximum density of up to 75 units per hectare; indicating that, in respecting the area, this development proposes well below the maximum allowed, at 50 units per hectare; noting that it does not reach the maximum for what is intended for residential intensification; advising that they do feel that this development is appropriate for the area given the scale of the building and the intensity that is proposed; indicating that the development itself follows the south property line; noting that they have kept the building as far south as possible, away from the properties to the north; indicating that the irregular shape of the parcel does limit how development on the property can be accommodated; indicating that a Tree Preservation Plan was prepared for this property; advising that there are 13 trees being removed; noting that, of the 13 trees, eight are ash trees and are required to be removed regardless of the development; advising that, as part of this development, there will be many more trees planted; advising that there is a significant amount of landscaping proposed in the rear and front yards of this development that will balance out the loss of the five trees; indicating that a Slope Assessment was provided to staff; noting that the Upper Thames River Conservation Authority (UTRCA) approved the Assessment; indicating that before the development proceeds, they have to go through the permit process as outlined by the UTRCA; noting that the UTRCA does have to review this development; reiterating that they are below the maximum lot coverage for this property and they are providing well above the requirement for the landscaped open space; advising that they do not believe, for the reasons stated, that this is an over-intensification of the property; advising that it is appropriate for the size of the parcel; indicating that there has been some debate relating to the building design; noting that the application has been reviewed by staff and the Urban Design Peer Review Panel and has been brought forward by the owner/designer who will be living in one of the units; noting that this is for their own use as well and is a design that they are very happy with; pointing out that Wortley Village has a very eclectic design, with pitched roofs and flat roofs; noting that there is a new development directly south of this property on the main street, being a commercial corridor; further noting that it is similar to this design with the flat roof; and, advising that a significant number of heritage characteristics have been built into the design.

·                    Gary Smith, 141 Meadowlily Road South – indicating that the issue here is the same issue that they have been dealing with in the Meadowlily area; advising that, in 2007, he saw a planning report similar to this one and they contested the issue.  (see attached presentation).

·                    Laurie Miller, 120 Wortley Road – expressing appreciation to the people that have assisted her in understanding the process; indicating that she provided comments to the Planner in June, 2013, and her comments are included in the Planners’ report; advising that she did not expect a three storey building that does not fit with what the people in Wortley Village have, in terms of their sense of identity, what they believe fits into their sense of neighbourhood and compatibility and the reason why they moved to Wortley Village; advising that she pictured a row of two storey condominiums with appropriate balconies, gardens and small laneways; indicating that this is not a “not in my backyard” syndrome, it is a matter of taste; indicating that she supports development in Old South; indicating that she does believe that this particular design fits in Wortley Village, the Coolest Neighbourhood in Canada, with a historical designation; advising that she does not think that, when you have a clean slate, a huge lot, a beautiful view, a beautiful village, historical designation criteria, infill intensification criteria that this is the design that would work following all of those criteria; advising that she thinks that it is time to go back just a bit and relook at how we can configure or tweak this design so that it fits or complements the houses in the area; indicating that people choose to invest in Wortley Village for a specific reason, they choose to stay there, they choose to maintain their homes and put a lot of money into it; believing that we need to be very cognizant of every step that we take when we change what is Wortley Village.

·                    Marzena Gorska, 63 Askin Street – advising that her house was built in the 1800’s, advising that it is a cottage style heritage home; indicating that she is not opposed to the zoning; advising that she is opposed to the architecture and the Wortley feel; indicating that it resembles a boxy, school like building; advising that it is a really nice design, but it does not fit the area; indicating that she was born and raised in Europe and when she moved to Canada, she was homesick for Europe and found Wortley Village, which is eclectic, has a heritage style to it, the homes have an old feel to them, people are out on the street and everyone is mingling; reiterating that having a boxy type of building does not fit the Wortley feel;  and, indicating that, if you were to look into the future 10 years, and the Council kept approving these boxy type buildings, it will change the feel of the area.

·                    Gary Brown, 35A-59 Ridout Street – indicating that, when good design elements and infill projects are being met, people need to stand up and say so; advising that Option 2 is filling in more green fill on the corners of our city and we cannot afford to continue with that; indicating that there are beautiful houses on this block; noting that there are also two Brampton style garage houses and a derelict home on this block; noting that he is just talking about the one side of the street; enquiring as to what the overall design guideline is for this block; advising that around the corner are three ugly three storey walk-ups, which are in their community; advising that this development is proposed by two very upstanding, very respected gentlemen, who are members of the community; indicating that they have done some other conversions that look really good; indicating that, as a pedestrian walking down the street, he pictures a low wrought iron fence, which to him, is a human scale interaction with this building, there is a front courtyard and the parking is all inside, which he is happy to see, instead of paved over areas of green space; indicating that the side of the yard that the driveway is on is set back further from the street which will allow people coming in and out of their driveways a much better view of pedestrians and cyclists that use the street regularly; hoping that there will not be much impact on traffic as this is a walkable neighbourhood; indicating that the people that move into this area are looking to walk and cycle to the Downtown or their workplace and also to be able to walk to shop, as opposed to driving everywhere; noting that they attract a different type of people to their neighbourhood; advising that the design is what it is; indicating that there does need to be infill in this neighbourhood; and, indicating that there is not enough affordable housing in developments.

·                    Craig Linton, 1 McKenzie Avenue – expressing support for this application; and, indicating that we do need more infill and intensification projects like this.

·                     Jake Hansen, 114 Wortley Road – agreeing with Mr. Lintons’ comments; indicating that he believes that the building would be built in a tasteful manner; and, advising that there is a need for infill in Wortley Village.  (2013-D14A)

 

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, H.L. Usher, J.P. Bryant, S.E. White (13)

 

RECUSED: D. Brown (1)

 

 

Motion made by Councillor S. Orser and seconded by Councillor J.L. Baechler to Approve that pursuant to section to section 7.4 of the Council Procedure By-law, the order of business be changed to present the remaining clauses of the 2nd Report of the Planning and Environment Committee at this time.

 

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)

 

Motion made by Councillor J.L. Baechler to Approve clauses 1 to 8 and clauses 13 to 15. 

 

   1.

Disclosures of Pecuniary Interest

 

That it BE NOTED that Councillor S. White disclosed a pecuniary interest in part c) of clause 12 of the 1st Report of the London Advisory Committee on Heritage, having to do with the application by The Tricar Group, relating to the property located at 1030 Coronation Drive, by indicating that she owns property in the area.

 

2.

1st Report of the Environmental and Ecological Planning Advisory Committee

 

That the 1st Report of the Environmental and Ecological Planning Advisory Committee from its meeting held on December 19, 2013 BE RECEIVED.

 

3.

Million Tree Challenge Status Update

 

That the following actions be taken with respect to the Million Tree Challenge:

 

a)         the Civic Administration BE DIRECTED to report back at the next Planning and Environment Committee meeting, with respect to initiatives that the City and the public could undertake to ensure that more trees are planted to make the Million Tree Challenge more successful; and,

 

b)         J. Keron BE THANKED for his endeavors relating to this initiative.  (2014-E04)

 

 

4.

Properties located at 1776-1896 Sumac Way (HZ-7745)

 

That, on the recommendation of the Senior Planner, Development Services, based on the application by Sifton Properties Limited, relating to the properties located at 1776 to 1896 Sumac Way, the proposed by-law, as appended to the staff report dated January 21, 2014, BE INTRODUCED at the Municipal Council meeting to be held on January 28, 2014, to amend Zoning By-law No. Z.-1, (in conformity with the Official Plan), to change the zoning of the subject lands FROM a holding Residential R1 (h•R1-5 and h•h-82•R1-5) Zone TO a Residential R1 (R1-5) Zone, to remove the holding provisions.   (2014-D14B)

 

5.

Building Division Monthly Report for November 2013

 

That the Building Division Monthly Report for November, 2013 BE RECEIVED.   (2014-D00)

 

6.

1st and 2nd Reports of the London Advisory Committee on Heritage

 

That, the following actions be taken with respect to the 1st and 2nd Reports of the London Advisory Committee on Heritage (LACH) from the meetings held on December 11, 2013 and January 8, 2014, respectively:

 

a)         the Civic Administration BE REQUESTED to initiate the assessment process to identify the Meadowlily Woods area as a cultural heritage landscape by assisting in the preparation of a cultural heritage evaluation study, including a conservation plan; it being noted that research assistance, with respect to the study, will be provided by the LACH Stewardship Sub-Committee and the Friends of Meadowlily Woods; it being further noted that the LACH heard from J. Lutman, on behalf of the Stewardship Sub-Committee, with respect to this matter;

 

b)         the Civic Administration BE REQUESTED to review the enforcement of the City’s encroachment by-laws and the sale of sections of natural areas to adjacent homeowners; it being noted that the LACH heard a verbal report from J. Cushing, on behalf of the Natural Heritage Sub-Committee;

 

c)         the following actions be taken with respect to the Heritage Alteration Application from Farhi Holdings requesting permission for a new building on the designated heritage property located at 754 and 764 Waterloo Street (350 Oxford Street East):

 

i)          the report dated December 11, 2013, from the Managing Director, Land Use Planning and City Planner, BE RECEIVED; and,

ii)         the following comments from the LACH, with respect to the above-noted matter, BE FORWARDED to the Site Plan Approval Authority for consideration:

 

A)        the signage be redesigned to be more in keeping with a heritage conservation district;

B)        the height and design of the southwest corner feature be revisited to be more in keeping with the heritage conservation district;

C)        a meeting be arranged between the community, the developer and City staff to review outstanding issues, including the above-noted southwest corner design; and,

D)        where possible, pictures of historic buildings no longer in the community be used on the façade;

it being noted that the LACH reviewed and received communications dated December 3 and 4, 2013, from T. Kane-Callender and M. Loft, respectively, and heard a verbal delegation from M. Doornbosch, Zelinka Priamo Ltd., representing Farhi Holdings, and L. Croftman, representing the St. George Public School Association and the Bishop Hellmuth Community Association, with respect to this matter;

 

d)        the Chief Technology Officer BE REQUESTED to consider negotiating additional storage for future archiving projects, as a part of the Request for Proposal 13-14, Storage Area Network, Back-up and Recovery Renewal;

 

e)        the report dated January 8, 2014, from the Managing Director, Planning and City Planner, with respect to the Heritage Alteration Application from Anago (Non) Residential Resources Inc. for the property located at 371 Princess Avenue, BE DEFERRED to a future meeting of the London Advisory Committee on Heritage, to allow the applicant to attend and present further information on the details for the design of the front chimney replacement;

 

f)         notice of the Municipal Council's intention to designate the property located at 142 Dundas Street (A. Chilsholm and Co. building) to be of cultural heritage value or interest BE GIVEN, for the attached reasons, under the provisions of subsection 29(3) of the Ontario Heritage Act, R.S.O. 1990, c. O.18; it being noted that the owners of the subject property have concurred with this recommendation, with the understanding that the land to be included in the designation will be as shown on the assessment roll;

 

g)         that clauses 5 to 14, inclusive, of the 1st Report of the LACH BE RECEIVED; and,

 

h)         that clauses 3 to 11, inclusive, of the 2nd Report of the LACH BE RECEIVED;

 

it being pointed out that the Planning and Environment Committee heard a verbal presentation from W. Kinghorn, Chair, LACH, with respect to these matters.

 

7.

Property located at 1221 Dundas Street (Z-8277)

 

That, on the recommendation of the Managing Director, Planning and City Planner, based on the application of Farson Holdings Inc., relating to the property located at 1221 Dundas Street, the proposed by-law, as appended to the staff report dated January 21, 2014, BE INTRODUCED at the Municipal Council meeting to be held on January 28, 2014, to amend Zoning By-law No. Z.-1, (in conformity with the Official Plan), to change the zoning FROM an Arterial Commercial (AC2/AC5) Zone TO an Arterial Commercial Special Provision (AC2/AC5(   )) Zone, to permit ‘retail store’ subject to a special provision to permit a minimum of 22 parking spaces whereas 26 are required by-law;

 

it being pointed out that there were no oral submissions made at the public participation meeting associated with this matter.   (2013-D14A)

 

8.

Property located at 797 York Street (Z-8208)

 

That, on the recommendation of the Managing Director, Planning and City Planner, based on the application of the City of London, relating to the property located at 797 York Street, the proposed attached, revised by-law BE INTRODUCED at the Municipal Council meeting to be held on January 28, 2014, to repeal By-law Z.-1-132241, being “a by-law to amend By-law No. Z.-1 to rezone an area of land located at 797 York Street” and to amend Zoning By-law No. Z.-1, (in conformity with the Official Plan), to change the zoning of the subject property FROM a Community Shopping Area Special Provision (CSA1) Zone TO a Community Shopping Area Special Provision (CSA1(___)) Zone, to permit commercial/private schools and offices with an individual maximum gross floor area of 2,000m2 (21,527.8 sq. ft.);

 

it being pointed out that there were no oral submissions made at the public participation meeting associated with this matter.  (2013-D14A)

 

13.

1st Report of the Agricultural Advisory Committee

 

That, the following actions be taken with respect to the 1st Report of the Agricultural Advisory Committee (AAC) from its meeting held on December 18, 2013:

 

a)         the City of London, Dillon Consulting and the Ontario Ministry of Transportation BE ADVISED that the Agricultural Advisory Committee’s (AAC) preferred alternate route for agriculture includes maintaining and improving the 401 overpass on Glanworth Road; it being noted that the AAC heard a verbal delegation and received a communication on the Public Information Centre 2 held on November 13, 2013, from K. Grabowski, Transportation Design Engineer, with respect to the highway 401 and 4 (Colonel Talbot Road) interchange improvements preliminary design, initial detailed design and Class Environmental Assessment; and,

 

b)         clauses 2 to 7, inclusive, of the 1st Report of the AAC BE RECEIVED.

 

14.

Trees on Private Property

 

That the communication, dated December 13, 2013, from Councillor D. Brown, with respect to trees on private property BE REFERRED to the Civic Administration for review and to report back to a future meeting of the Planning and Environment Committee.   (2013-E04)

 

15.

Infill

 

That, the following actions be taken with respect to Civic Administration’s procedures relating to infill:

 

a)         the Civic Administration BE REQUESTED to mitigate the public's concerns by engaging area residents earlier in the process;

 

b)         the Civic Administration BE REQUESTED to enhance the process; it being noted that the approach taken for greenfield initiatives and the approach taken for infill development should be different; and,

 

c)         the Civic Administration BE REQUESTED to include a business case as part of 2014 Budget deliberations, with respect to this matter.

 

Motion made by Councillor J.L. Baechler and seconded by Councillor S. Orser to Approve that clause 3 part a) be amended by deleting the words “next Planning and Environment Committee meeting” and by replacing them with the words: “Strategic Priorities and Policy Committee meeting being held on January 30, 2014”.

 

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)

 

The motion to Approve clauses 1, 2, 4 to 8, 13 to 15, and clause as amended is put.

 

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)

 

Clause 3, as amended, reads as follows:

 

That the following actions be taken with respect to the Million Tree Challenge:

 

a)         the Civic Administration BE DIRECTED to report back at the Strategic Priorities and Policy Committee meeting being held on January 30, 2014, with respect to initiatives that the City and the public could undertake to ensure that more trees are planted to make the Million Tree Challenge more successful; and,

 

b)         J. Keron BE THANKED for his endeavors relating to this initiative.  (2014-E04)

 

Motion made by Councillor J.L. Baechler to Approve clause 11. 

 

11.

Properties located at 1607, 1609, 1611, 1615, 1619, 1623, 1627, 1631, 1635, 1639, 1643, 1649 and 1653 Richmond Street (OZ-7965)

 

That, on the recommendation of the Managing Director, Planning and City Planner, the following actions be taken with respect to the application of the City of London, relating to the properties located on the west side of Richmond Street between Hillview Boulevard and Shavian Boulevard including 1607, 1609, 1611, 1615, 1619, 1623, 1627, 1631, 1635, 1639, 1643, 1649 and 1653 Richmond Street:

 

a)         the proposed by-law, as appended to the staff report dated January 21, 2014, BE INTRODUCED at the Municipal Council meeting to be held on January 28, 2014, to amend the Official Plan to  change the designation of the subject lands FROM a Low Density Residential designation TO a Multi-Family, Medium Density Residential designation, to permit the development of multiple-attached dwellings such as row houses or cluster houses, low-rise apartment buildings, small-scale nursing homes, rest homes, homes for the aged and a convenience commercial component within an apartment building;

 

b)         the proposed by-law, as appended to the staff report dated January 21, 2014, BE INTRODUCED at the Municipal Council meeting to be held on January 28, 2014 to amend the Official Plan by adding a new special policy to Section 3.5 (Policies for Specific Areas) to guide the future development of the subject properties;

 

c)         pursuant to Section 19.2 of the Official Plan, the Richmond Street-Old Masonville Master Plan and Urban Design Guidelines, as appended as Appendix “C” to the staff report dated January 21, 2014,  BE ADOPTED at the Municipal Council meeting to be held on January 28, 2014;

 

d)         pursuant to Section 19.2.2 of the Official Plan, the proposed by-law, as appended to the staff report dated January 21, 2014,  BE INTRODUCED at the Municipal Council meeting on January 28, 2014, to amend the Official Plan by adding the Richmond Street-Old Masonville Master Plan and Urban Design Guidelines to the list of Council approved guideline documents;

 

e)            the proposed by-law, as appended to the staff report dated January 21, 2014, BE INTRODUCED at the Municipal Council meeting to be held on January 28, 2014, to amend Zoning By-law Z.-1, (in conformity with the Official Plan, as amended in clause a), above), to change the zoning of the properties located at 1607, 1609 and 1611 Richmond Street FROM a Holding Residential R5 Special Provision/Residential R6 Special Provision (h-5•R5-2(12)/R6-4(14)) Zone, which permits cluster single detached dwellings, cluster semi-detached dwellings, cluster duplex dwellings, and cluster townhouse dwellings subject to a special zoning provision which regulates the minimum lot area (0.6 ha.), minimum lot frontage (70m), maximum lot coverage (35%), maximum density (30 units per hectare), maximum height (10.5m), minimum front yard setback (3m), minimum rear yard setback (7.5m) and restrictions on the location of parking areas subject to a holding provision requiring a public site plan review of the proposed development prior to the removal of the holding provision TO a Holding Residential R5 Special Provision (h-5•h-(*)•h-(**)•R5-2(*)) Zone, to permit cluster townhouses and cluster stacked townhouses with a special zoning provision which includes a minimum lot frontage (70m), minimum lot area (0.4 ha.), maximum front yard depth (3m), minimum rear yard and south interior side yard depth (15m), maximum lot coverage (35%), maximum density (45 units per hectare), maximum number of bedrooms per dwelling unit (3) and maximum height (12.0m on the eastern portion and 9.5m on the western and southern portions) subject to holding provisions which will require a public site plan review, ensure that future development is consistent with the Richmond Street-Old Masonville Master Plan and Urban Design Guidelines and ensure that a storm/drainage and stormwater management (SWM) servicing design report has been prepared and accepted to ensure that future development has the sufficient storm outlet and SWM servicing;

 

f)             the proposed by-law, as appended to the staff report dated January 21, 2014, BE INTRODUCED at the Municipal Council meeting to be held on January 28, 2014 to amend Zoning By-law Z.-1 in conformity with the Official Plan, as amended in clause (a) above, to change the zoning of the properties located at 1615, 1619, 1623 and 1627 Richmond Street FROM a Holding Residential R5 Special Provision/Residential R6 Special Provision (h-5•R5-2(12)/R6-4(14)) Zone, which permits the above listed uses, subject to the above listed special zoning regulations, and subject to the above listed holding provision TO a Holding Residential R9 Special Provision (h-5•h-(*)•h-(**)•R9-7(***)) Zone, to permit cluster townhouses, apartment buildings, senior citizen apartment buildings, and continuum of care facilities with a special zoning provision which includes a minimum lot frontage (70m), minimum lot area (0.6 ha.), maximum front yard depth (3m), minimum rear yard depth (15m), maximum lot coverage (40%), maximum density (150 units per hectare), maximum number of bedrooms per dwelling unit (3) and maximum height (15.0m on the eastern portion and 9.5m on the western portion) subject to holding provisions which will require a public site plan review, ensure that future development is consistent with the Richmond Street-Old Masonville Master Plan and Urban Design Guidelines and ensure that a storm/drainage and stormwater management (SWM) servicing design report has been prepared and accepted to ensure that future development has the sufficient storm outlet and SWM servicing;

 

g)         the proposed by-law, as appended to the staff report dated January 21, 2014, BE INTRODUCED at the Municipal Council meeting to be held on January 28, 2014, to amend Zoning By-law No. Z.-1, (in conformity with the Official Plan, as amended in part a), above), to change the zoning of the properties located at 1631, 1635 and 1639 Richmond Street FROM a Holding Residential R5 Special Provision/Residential R6 Special Provision (h-5•R5-2(12)/R6-4(14)) Zone, which permits the above listed uses, subject to the above listed special zoning regulations, and subject to the above listed holding provision (1631 and 1635 Richmond Street) AND a Residential R5 Special Provision/Residential R6 Special Provision (R5-2(12)/R6-4(14)) Zone, which permits the above listed uses and subject to the above listed special zoning regulations (1639 Richmond Street) TO a Holding Residential R9 Special Provision/Convenience Commercial Special Provision (h-5•h-(*)•R9-7(**)/CC4(*)) Zone, to permit cluster townhouses, apartment buildings, senior citizen apartment buildings, and continuum of care facilities in the R9-7(**) Zone, with a special zoning provision which includes a minimum lot frontage (70m), minimum lot area (0.6 ha.), maximum front yard depth (3m), minimum interior side yard depths (3m), minimum rear yard depth (15m), maximum lot coverage (45%), maximum density (200 units per hectare), maximum number of bedrooms per dwelling unit (3), maximum height (20.0m on the eastern portion and 9.5m on the western portion) and to permit convenience service establishments, convenience stores, financial institutions, personal service establishments and take out restaurants in the CC4(*) Zone with a special zoning provision which includes a maximum gross floor area for convenience commercial uses (200.0m2) and no additional parking requirements for commercial uses subject to holding provisions which will require a public site plan review and ensure that future development is consistent with the Richmond Street-Old Masonville Master Plan and Urban Design Guidelines;

 

h)         the proposed by-law, as appended to the staff report dated January 21, 2014, BE INTRODUCED at the Municipal Council meeting to be held on January 28, 2014, to amend Zoning By-law No. Z.-1, (in conformity with the Official Plan, as amended in part a), above), to change the zoning of the properties located at 1643, 1649 and 1653 Richmond Street FROM a Holding Residential R5 Special Provision/Residential R6 Special Provision (h-5•R5-2(12)/R6-4(14)) Zone, which permits the above listed uses, subject to the above listed special zoning regulations, and subject to the above listed holding provision TO a Holding Residential R9 Special Provision (h-5•h-(*)•h-55•R9-7(*)) Zone, to permit cluster townhouses, apartment buildings, senior citizen apartment buildings, and continuum of care facilities with a special zoning provision which includes a minimum lot frontage (70m), minimum lot area (0.6 ha.), maximum front yard depth (3m), minimum interior side yard depths (3m), minimum rear yard depth (15m), maximum lot coverage (45%), maximum density (200 units per hectare), maximum number of bedrooms per dwelling unit (3), maximum height (20.0m on the eastern portion and 9.5m on the western portion) subject to holding provisions which will require a public site plan review, ensure that future development is consistent with the Richmond Street-Old Masonville Master Plan and Urban Design Guidelines and require the completion of a traffic impact study prior to site plan approval to determine the location and number of access points, the traffic impact on surrounding roads and the roadway improvements required to accommodate this development; and,

 

i)             the Site Plan Approval Authority BE REQUESTED to consider, through the site plan approval process, that development of the properties located at 1631, 1635 and 1639 Richmond Street be consistent with the Site Plan and Elevation Drawings, as appended as Appendix “I” to the staff report dated January 21, 2014;

 

it being noted that the Planning and Environment Committee reviewed and received the following communications, with respect to this matter;

 

·                     a communication dated January 6, 2014, from B. McCall, Middlesex-London Health Unit;

·                     a communication dated January 14, 2013, from B. Davis, President, Old Masonville Ratepayers' Association;

·                     a communication dated January 16, 2014, from F. Metwaly, 1631, 1635 and 1639 Richmond Street; and,

·                     a communication dated January 16, 2014, from A.N. Circelli, Circelli Law;

 

it being pointed out that at the public participation meeting associated with this matter, the following individuals made oral submissions in connection therewith:

 

·                     Laverne Kirkness, Kirkness Planning Consultants, on behalf of Dr. R. Lubell and Dr. P. Debellis – advising that his clients are located at 101 Fanshawe Park Road, in the “L” shaped plaza; indicating that his clients have 2,000 square feet of space and are overcrowded; indicating that they have purchased the property located at 1653 Richmond Street, which is the most northerly of the thirteen properties that are part of this site; noting that this property is located on the corner of Hillview Boulevard and Richmond Street, in the southwest corner of the intersection; indicating that the property currently has a large, single-family bungalow on it; indicating that his clients purchased this property with the intent of building a medical/dental office on it of approximately 4,000 square feet; advising that his clients have been following the Richmond Street-Old Masonville Master Plan and Urban Design Guidelines and have been trying to follow and work in the same direction as it is; advising that they have a new architect and, in the last ten days, they are really following the Guidelines; showing the design the new architect is proposing; indicating that they have applications for an Official Plan, to change this site, to multi-family, medium density residential, the same as what the Civic Administration is proposing and what the Master Plan is recommending; reiterating that they have an application in before the City to rezone the lands to permit an apartment/office building to contain the medical/dental office; advising that those applications and the supporting material, the Planning Justification report and the Urban Design Guidelines, were put in around December 30 so that they could save $4,500 on application fees; [Secretary’s Note:  Mr. Kirkness was interrupted as the Committee is not dealing with these applications]; advising that they are here to support, in general, what the Civic Administration is recommending, with some qualification; indicating that the Committee needs to know his background in order to understand why they are seeking the qualification to it; reiterating that the applications are before the City; noting that the staff has hardly had a chance to look at them, but they have been declared complete; advising that the Civic Administration has asked for two more things; noting that they have changed architects and brought a new design to the table that is very new, but you should know about it as part and parcel of what the Committee is approving because the plan you are approving is one of the most imposing and prescriptive plans that you have ever seen come out of this City Planning Division; indicating that it is not very business friendly because it is not very flexible; indicating that he is here to ask for some flexibility; recognizing that the staff have worked on this for a long time and it is generally going in the right direction from all that Planners and planning know about in how to plan cities; indicating that there is no question about that and that is why they are here to generally support it; reiterating that they are asking for more flexibility; showing the most recent design; indicating that, if you look at the top portion of the slide, Hillview Boulevard runs across the north and Richmond Street down the left, the building they have is put at the front of the site; noting that this respects Urban Design principles and the Master Plan Urban Design Guidelines; indicating that the parking is in the rear and there are two accesses to Hillview Boulevard; noting that there is no access to Richmond Street; indicating that there is another, almost five metre dedication, of road being taken from the front of this property as well; indicating that there is also underground parking; explaining that, in the rendered elevations, the one on the left is from the intersection and you can see that the front doors are at the front of the building; noting that you can see the variation in the façade and the texture; [Secretary’s Note:  Mr. Kirkness was interrupted as the Committee is not dealing with these applications]; indicating that the last feature is that it is also expandable to the south; indicating that what they are asking for, to offset some of that inflexibility, is to ask the Committee to change the Official Plan, just tweak it a little bit; noting that they are not requesting changes to the zoning, as they will pay attention to those details when their application comes forth in two or three months; advising that they have a lot of work to do in terms of appearing before the Urban Design Peer Review Panel, which they hope to do on February 19, 2014; hoping to have their open information session a week later with the community residents; reiterating that the zoning can be left; indicating that, in terms of the flexibility of the policy framework, they are asking the Committee to ask the Staff to introduce the notions of permitting greater flexibility on land use at the corner of Hillview and Richmond, (1653 Richmond Street), specifically medical/dental on the ground floor, if you want to confine it to that, which is sufficient for the client; advising that, what this does, is recognize that this corner property is, by far, the most impacted of all of the 13 properties; noting that you have high intense commercial to the north with TD Canada Trust, a number of restaurants, a gas bar, the major shopping centre to the east; indicating that this property is trying to work with that and at the same time be sensitive to the future multi-family residential to the south and the existing, very stable, residential to the west; enquiring as to what better could you have than a medical office that is a ground floor transitional use in that location on that intersection, with apartments above; advising that they have shown, in their planning, that they can expand the underground parking, they can expand this building to the south and you do not need to, in the name of comprehensive development, have 70m lot sizes; in other words, somebody has to acquire all three properties northerly (three properties) in order to develop them; indicating that they have shown the Committee how they can develop 20m of the 70m in a comprehensive fashion and be able to expand it to the south with development that is similar, or at least, complimentary; reiterating that those two points are all that they are asking for; advising that he can work with staff between now and the Municipal Council meeting to introduce that into the policy framework if you would direct that to happen; noting that otherwise they are faced with having to be against this until their application comes forth so that they are then seeking modifications to it; indicating that they do not think that this change is huge nor requires any future public notice; advising that it is tweaking the policy framework that the staff has brought in front of you; advising that it is recognizing that the corner and the transitional nature of that 1653 Richmond Street site; advising that that is what these doctors would really appreciate, that are long established in the area and serving in the area and want to remain in the area, but in a better facility to offer their patients.   (see attached presentation).

·                     Clint Wilson, 45 Cherokee Road – indicating that his property is directly behind the proposed tweaking; advising that there are a lot of mature trees on the property that would be directly affected by the proposed decrease in setback; and, advising that he is in favour of the proposal to increase the setback to 15m.

·                     Bill Davis, President, Old Masonville Ratepayers’ Association – indicating that some of the key principles from 2004 was the 70m of frontage that would enable it to be developed in four parcels; noting that what is in front of the Committee today is a slightly different zoning for those four parcels; indicating that 7.5m is what they had agreed to in 2004; noting that it has now gone up to 15m; advising that when they agreed to the 7.5m, they did not realize that all of the mature trees would have to come out; noting that the 15m allows all of the mature trees to remain, which is important to them; expressing sympathy to someone buying this property and not being aware of the zoning; however, it is what it is; and, encouraging the Committee to approve what is before it tonight and if another rezoning application comes forward in two months they will deal with that at the time.   (2014-D14A)

 

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)

 

Motion made by Councillor J.L. Baechler to Approve clause 12.

 

12.

1st and 2nd Reports of the Advisory Committee on the Environment

 

That, the following actions be taken with respect to 1st and 2nd Reports of the Advisory Committee on the Environment (ACE), from its meetings held on December 11, 2013 and January 8, 2014, respectively:

 

a)         the Civic Administration BE REQUESTED to review the presentation from M. Piggott, Member Services Coordinator, Waterloo Community CarShare, with respect to a proposal to introduce an environmentally friendly CarShare Program in London;

 

b)         clauses 2 to 10, inclusive, of 1st Report of the ACE BE RECEIVED; and,

 

c)         clauses 1 to 5, inclusive, of the 2nd Report of the ACE 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)

 

 

4th Report of the Community and Protective Services Committee

Councillor M. Brown.

 

Motion made by Councillor M. Brown Approve clauses 1 to 5.

 

1.

Disclosures of Pecuniary Interest

 

That it BE NOTED that no pecuniary interests were disclosed.

 

2.

2nd Report of the Animal Welfare Advisory Committee

 

That the 2nd Report of the Animal Welfare Advisory Committee, from its meeting held on January 9, 2014, BE RECEIVED.

 

3.

Labour Market Agreements and Canada Job Grant

 

That, on the recommendation of the Managing Director of Housing, Social Services and Dearness Home, the Mayor BE REQUESTED to send a letter to the local Federal Members of Parliament and the local Members of the Legislative Assembly of Ontario, outlining the impact of the proposal to redirect Labour Market Agreement Funds to the Canada Job Fund; it being noted that organizations and partners in the London community will be encouraged to advocate a similar position of concern related to this redirection of funds.

 

4.

Service Manager Consortium Agreement - Housing Collaborative Initiative

 

That, on the recommendation of the Director of Municipal Housing, with the concurrence of the Managing Director of Housing, Social Services and Dearness Home, the following actions be taken with respect to the Service Manager Consortium Agreement – Housing Collaborative Initiative:

 

a)         the proposed by-law, as appended to the staff report dated January 20, 2014, BE INTRODUCED at the Municipal Council meeting on January 28, 2014 to:

 

i)          approve the above-noted Agreement, substantially in the form of agreement attached to the report dated January 20, 2014 and to the satisfaction of the City Solicitor; and,

 

ii)         authorize the Mayor and the City Clerk to execute the said Agreement; and,

 

b)         the proposed by-law, as appended to the staff report dated January 20, 2014, BE INTRODUCED at the Municipal Council meeting of January 28, 2014 to delegate authority to the Managing Director, Housing, Social Services and Dearness Home, or her/his designate, to execute all further Agreements on behalf of the City of London with respect to the Housing Collaborative Initiative.  (2014-L04)

 

5.

London Housing Registry - Update

 

That the attached presentation from B. Morphy, President, and S. Milos, Executive Director, London Housing Registry 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)

 

Motion made by Councillor B. Polhill and seconded by Councillor J.L. Baechler to Approve that pursuant to section 13.7 of the Council Procedure By-law, the actions of the Municipal Council taken at its meeting of January 14, 2014, related to the adoption of clause 7 of the 3rd Report of the Community and Protective Services Committee, concerning Contract Award 13-48 London CAReS BE RECONSIDERED.

 

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)

 

Motion made by Councillor M. Brown to Approve clause 6. 

 

6.

Contract Award RFP 13-48 London CAReS

 

That, on the recommendation of the Managing Director of Neighbourhood, Children and Fire Services, the following actions be taken with respect to the award of the contract regarding Request for Proposal (RFP) 13-48 - London CAReS:

 

a)        parts a), b) and c) of clause 7 of the 3rd Report of the Community and Protective Services Committee, noted below, BE RESCINDED:

 

            “a)       the joint proposal submitted by Addiction Services of Thames Valley, 200 Queens Avenue, Suite 260, London, ON, N6A 1J3; Regional HIV/AIDS Connection, 186 King Street, Suite 30, London, ON, N6A 1C7; and Unity Project for the Relief of Homelessness in London, 717 Dundas Street, London ON, N5W 2Z5, at a fiscal budget (2014/2015) of $1,547,917, BE ACCEPTED; it being noted that the bid submitted in collaboration by Addiction Services of Thames Valley, Regional HIV/AIDS Connection and Unity Project for the Relief of Homelessness in London was the only bid received and meets the City’s terms, conditions and specifications;

            b)        the funding for this project, in the amount of $1,547,917 per fiscal year, BE APPROVED; it being noted that the funding will commence on a pro-rated basis February 1, 2014; and,

            c)        the funding approval noted in b) above BE SUBJECT TO the ongoing funding available under the Community Homelessness Prevention Initiative and BE ALLOCATED as follows:

•         Addiction Services of Thames Valley in the amount of  $843,295

•         Regional HIV/AIDS Connection  in the amount of $458,620

•         Unity Project for the Relief of Homelessness in London in the amount of $246,002.”;

 

b)        the joint proposal submitted by Addiction Services of Thames Valley, 200 Queens Avenue, Suite 260, London, ON, N6A 1J3; Regional HIV/AIDS Connection, 186 King Street, Suite 30, London, ON, N6A 1C7; and Unity Project for the Relief of Homelessness in London, 717 Dundas Street, London ON, N5W 2Z5, at a fiscal budget (2014/2015) of $1,547,917, BE ACCEPTED; it being noted that the bid submitted in collaboration by Addiction Services of Thames Valley, Regional HIV/AIDS Connection and Unity Project for the Relief of Homelessness in London was the only bid received and meets the City’s terms, conditions and specifications;

 

c)        the funding for this project, in the amount of $1,547,917 per fiscal year BE APPROVED; it being noted that the funding will commence on a pro-rated basis on February 1, 2014;

 

d)        the funding approval noted in d) above BE SUBJECT TO the ongoing funding available under the Community Homelessness Prevention Initiative and will be allocated as follows:

 

•           Addiction Services of Thames Valley in the amount of  $843,295

•           Regional HIV/AIDS Connection  in the amount of $246,002

•           Unity Project for the Relief of Homelessness in London in the amount of $458,620.

 

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)

 

 

5th Report of the Corporate Services Committee

Councillor J.P. Bryant presents.

 

Motion made by Councillor J.P. Bryant to Approve clause 9. 

 

9.

Agreement with the Province of Ontario to Participate in the Ontario Certified Site Program with the Ministry of Economic Development, Trade and Employment for 2575 Boyd Court, Innovation Park - Phase IV

 

That, on the recommendation of the Director of Intergovernmental and Community Liaison, the proposed by-law, included as Appendix A to the staff report dated January 21, 2014, BE INTRODUCED at the Municipal Council meeting of January 28, 2014 to:

 

a)         approve the agreement with Her Majesty the Queen in Right of Ontario, as represented by the Minister of Economic Development, Trade and Employment, for promotion of 2575 Boyd Court, Innovation Park, Phase IV, as an “Investment Ready: Certified Site”; and

 

b)         authorize the Mayor and the City Clerk to execute the Agreement in (a) above.

 

Motion made by Councillor S. Orser and seconded by Councillor H.L. Usher to Approve that clause 9 be amended to read as follows:

 

“That, on the recommendation of the Director of Intergovernmental and Community Liaison, the proposed by-law, included as Appendix “A” to the staff report dated January 21, 2014, with Pages 1, 18 and 20 of the original draft agreement being replaced by the attached revised Pages 1, 18 and 20, BE INTRODUCED at the Municipal Council meeting of January 28, 2014 to:

 

a)         approve the Agreement with Her Majesty the Queen in Right of Ontario, as represented by the Minister of Economic Development, Trade and Employment, for promotion of 2575 Boyd Court, Innovation Park, Phase IV, as an “Investment Ready: Certified Site”; and

 

b)         authorize the Mayor and the City Clerk to execute the Agreement in (a) above.”

 

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)

 

Motion made by Councillor J.P. Bryant and seconded by Councillor S. Orser to Approve clause 9 as amended.

 

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)

 

Motion made by Councillor J.P. Bryant to Approve clauses 1 to 4, inclusive, and 6 to 8, inclusive.

 

1.

Disclosures of Pecuniary Interest

 

That it BE NOTED that no pecuniary interests were disclosed.

 

2.

Assessment Growth for 2014, Changes in Taxable Phase-In Values and Shifts in Taxation as a Result of Reassessment

 

That, on the recommendation of the Managing Director, Corporate Services and City Treasurer, Chief Financial Officer, the staff report dated January 21, 2014, with regard to assessment growth for 2014, BE RECEIVED for information.

 

3.

Declare Surplus - City-Owned Property - 575 Franklinway Gate

 

That, on the recommendation of the Manager of Realty Services, with respect to a portion of the vacant City-owned property, municipally known as 575 Franklinway Gate, described as Concession 5, Part Lot 10, Plan 1028, Part Lot 20, Plan EER14204, Parts 1 and 2, measuring approximately 21’ X 188’ (6.4m x 57.3m), containing an area of approximately 3,948 square feet (366.78 square meters), the following actions be taken:

 

a)         the subject property BE DECLARED surplus; and

 

b)         the subject property BE OFFERED for sale to the abutting property owners at fair market value, failing which it will be tendered for sale in accordance with the Sale and Other Disposition of Land Policy.

 

4.

2014 General Insurance Renewal

 

That, on the recommendation of the Managing Director, Corporate Services & City Solicitor, on the advice of the Risk Manager, the general insurance program BE CONTINUED for 2014 on behalf of The Corporation of the City of London, Covent Garden Market Corporation, London Convention Centre Corporation, London Police Services Board, London Public Library Board, Museum London, London Middlesex Housing Corporation and the Middlesex-London Health Unit for a total annual premium of $3,094,696.28 inclusive of sales tax.

 

6.

New Initiatives - 2014 Municipal Election

 

That, on the recommendation of the City Clerk, the staff report dated January 21, 2014, providing an update on new initiatives for the 2014 Municipal Election, BE RECEIVED for information.

 

7.

Consideration for Appointment to the Environmental and Ecological Planning Advisory Committee

 

That Saman Raufi BE APPOINTED as a Voting Member on the Environmental and Ecological Planning Advisory Committee for the term ending February 28, 2015.

 

8.

Fanshawe College and Western University Representation on City of London Advisory Committees

 

That the following individuals from Fanshawe College and Western University BE APPOINTED to the specified Advisory Committees for the term ending February 28, 2015:

 

a)         Accessibility Advisory Committee (Non-Voting Post-Secondary Student):

 

            •           Sabrina Dent (Fanshawe College)

 

b)         Advisory Committee on the Environment (Non-Voting Post-Secondary Student):

 

            •           Keir Jack (Fanshawe College)

 

c)         Creative City Committee (Non-Voting Post-Secondary Student):

 

            •           Allayna Eizenga (Fanshawe College)

 

d)         London Housing Advisory Committee (Non-Voting Post-Secondary Student):

 

            •           Alan Bushell (Fanshawe College)

 

e)         Community Safety and Crime Prevention Advisory Committee (Non-Voting Post-Secondary Student):

 

            •           Richard Sookraj (Western University)

 

f)          Transportation Advisory Committee (Non-Voting Post-Secondary Student):

 

            •           Amir Eftekarpour (Western University)

 

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)

 

Motion made by Councillor J.P. Bryant to Approve clause 5.

 

5.

Expenses - Ontario Ombudsman's Investigation

 

That the following actions be taken with respect to the City Solicitor's report dated January 21, 2014, providing information about the costs relating to the Ontario Ombudsman’s investigation into whether Members of Council for the City of London held an improper closed meeting on February 23, 2013:

 

a)         the City Solicitor’s report BE RECEIVED for information; and

 

b)         the City Solicitor BE REQUESTED to report back on how the City Solicitor's Office can be involved in future indemnification situations for Members of Council, should they arise, to ensure the legal counsel fees are reasonable in the circumstances.

 

Pursuant to section 12.3 of the Council Procedure By-law, Councillor P. Hubert calls for a separate vote on part b) of clause 5.

 

The motion to Approve part a) is put.

 

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)

 

The motion to Approve part b) is put.

 

Motion Passed

 

YEAS: J.F. Fontana, B. Polhill, B. Armstrong, S. Orser, J.L. Baechler, M. Brown, P. Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant, S.E. White (11)

 

NAYS: N. Branscombe, P. Hubert, D.G. Henderson (3)

Motion made by Councillor P. Hubert and seconded by Councillor B. Polhill to Recess. 

Motion Passed

The Council recesses at 7:10 PM and reconvenes at 7:57 PM with Mayor J.F. Fontana in the Chair and all Members present except Councillors D.G. Henderson, S. Orser, J.B. Swan, P. Van Meerbergen and S.E. White.

 

3rd Report of the Civic Works Committee

Councillor H.L. Usher presents. 

 

Motion made by Councillor H.L. Usher to Approve clauses 1 to 7.

 

1.

Disclosures of Pecuniary Interest

 

That it BE NOTED that no pecuniary interests were disclosed.

 

2.

Amendments to the Traffic and Parking By-law

 

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 January 20, 2014, BE INTRODUCED at the Municipal Council meeting to be held on January 28, 2014 for the purpose of amending the Traffic and Parking By-law (P.S. 111). (2014-C01)

 

3.

Supply and Installation of Sewer Liners - Cured In Place Pipe (CIPP) (Tender 13-30)

 

That, on the recommendation of the Managing Director, Environmental and Engineering Services and City Engineer, the following actions be taken with respect to the supply and installation of sewer liners – cured in place pipe:

 

a)         the contract with Insituform Technologies Limited, 3 Burford Road, Hamilton, ON  L8C 3C6,  for the supply and installation of sewer liners, BE EXTENDED for one year beginning March 1, 2014 to December 31, 2014;

 

b)         the funding for this purchase BE APPROVED as set out in the Source of Financing Report appended to the staff report dated January 20, 2014;

 

c)         the Civic Administration BE AUTHORIZED to undertake all the administrative acts that are necessary in connection with this service contract; and,

 

d)         the approval hereby given BE CONDITIONAL upon the Corporation entering into a formal contract or having a purchase order, or contract record relating to the subject matter of this approval.  (2014-L04)

 

4.

Natural Resources Gas Franchise Agreement

 

That the staff report dated January 20, 2014, from the Director, Roads and Transportation, with respect to the Natural Resources Gas Franchise Agreement BE REFERRED back to staff for report back at a future meeting with the required by-law.  (2014-L04)

 

5.

Closing of Colborne Street Diversion

 

That, on the recommendation of the Director of Roads and Transportation, the following actions be taken with respect to the Colborne Street diversion:

 

a)         the closing of the Colborne Street diversion and Colborne Street lying north of Huron Street on Registered Plan 402(C) BE APPROVED; and,

 

b)         the Civic Administration BE AUTHORIZED to initiate the process of legally closing the Colborne Street diversion and Colborne Street lying north of Huron Street on Registered Plan 402(C) as public highway and for the conveyance of any easements necessitated by the closing; it being noted that the closing will not be initiated until the City enters into a purchase and sale agreement for the road allowances.  (2014-T09)

 

6.

Closing of Hill Street Boulevard

 

That, on the recommendation of the Director of Roads and Transportation, the following actions be taken with respect to the Hill Street boulevard:

 

a)                     the closing of a 6.140 metre wide by 59.131 metre long portion of the Hill   Street boulevard abutting 419 Hill Street BE APPROVED; and,

 

b)         the Civic Administration BE AUTHORIZED to initiate the process of legally closing the said portion of the Hill Street boulevard as public highway; it being noted that the closing will not be initiated until the City enters into a purchase and sale agreement for the closed road allowance.  (2014-709)

 

7.

Ban on Unsafe Rail Tank Cars Carrying Hazardous Materials

 

That the Mayor BE REQUESTED to send a letter to Transport Canada; the United States Department of Transportation, Federal Railroad Administration; and the Federation of Canadian Municipalities, National Municipal Safety Rail Working Group expressing concerns with the shipping of highly volatile compounds through municipalities; indicating that products such as Bakken fracked oil carry highly volatile and explosive compounds in the DOT 111 that do not meet current industry safety standards; and further, that products such as Bakken crude should be considered a highly explosive product subject to the protocols for moving highly dangerous goods by rail.  (2014-P04)

 

At 8:00 PM Councillors D.G. Henderson, J.B. Swan, P. Van Meerbergen and S.E. White enter the meeting. 

 

 

 

Motion Passed

 

YEAS: J.F. Fontana, B. Polhill, B. Armstrong, J.B. Swan, J.L. Baechler, N. Branscombe, M. Brown, P. Hubert, D.G. Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant, S.E. White (13)

 

 

4th Report of the Strategic Priorities and Policy Committee

Councillor P. Hubert presents. 

 

Motion made by Councillor P. Hubert to Approve clauses 1 to 4. 

 

1.

Disclosures of Pecuniary Interest

 

That it BE NOTED that the following pecuniary interests were disclosed:

 

a)         Councillor J.B. Swan disclosed a pecuniary interest in clause 2f) having to do with The Grand Theatre as his employer, Orchestra London, is currently involved in a process regarding a Performing Arts Centre.

 

b)         Councillor S.E. White disclosed a pecuniary interest in clause 2c) having to do with OW/ODSP Advocates Network, as well as other matters related to mental health, by indicating that she is employed by the Children’s Aid Society and the London Mental Health Crisis Centre.

 

2.

2014 Budget - Public Participation Meeting

 

That the written and verbal submissions with respect to the draft 2014 Budget, BE RECEIVED;

 

it being pointed out that the following individuals made oral submissions with respect to this matter:

 

a)         Donald S. Bryant, McKenzie Lake Lawyers, representing St. Joseph’s Hospice – noting that St. Joseph’s Hospice is the first and only non-disease specific hospice in London; noting that while London has had hospice services for 28 years, St. Joseph’s Hospice will provide the residential component of this service, which has been missing to date; stating that the Hospice is non-denominational and will provide private rooms for its residents; noting that the Hospice will be privately operated, but requires $5.5M in funding, $3.6M of which has already been raised with $3.5M towards space and equipment and the balance for sustainability purposes; asking that the City provide $200K over two years; emphasizing that this facility is very much needed and the City should be a partner; pointing out the aging demographics in London and extending appreciation for the Municipal Council’s consideration of the request.

 

b)         Barry Sandler, Executive Director, Veterans Memorial Parkway Community Program – acknowledging the dedicated efforts of the public/private partnership to enhance the Veterans Memorial Parkway; noting it takes a community effort to make such a project a success; advising that the project received a national award for a large scale landscaping project, which has gained the area national media attention; stating that a number of stakeholders came together for the benefit of our City and doubled the number of plantings last year, which had an immediate visible impact; indicating there were 40 professional volunteers that prepared the ground for the trees and 450 volunteers then backfilled the plantings and staked the trees; pointing out that this year is the 100th Anniversary of WWI, and they are hoping to have a 50% increase in plantings this year, as well as new signage; stating that 85% of monies raised goes towards materials and services and that it is important to have Council support in order to maintain momentum for the project; and asking that Council continue its financial support by maintaining funding for the Veterans Memorial Parkway project at $50K per year until project completion in the Fall of 2017.

 

c)         Mike Laliberte, Co-Chair, OW/ODSP Advocates Network – providing the attached presentation.

 

d)         Diane Szoller, Chair, Advisory Committee on the Environment – providing the attached presentation.

 

e)         Sean Quigley, Executive Director, Emerging Leaders London Community Network – providing the attached presentation.

 

f)         Ron Koudys, Board President, The Grand Theatre – thanking London for its support to date and noting that the City of London has been a strong supporter of the Grand Theatre; noting that the grant from the Canadian Cultural Spaces Fund in the amount of $260K was sought for the purpose of safety and communications upgrades in order to ensure a safe workplace and is not related to the proposal for an expanded Grand Theatre as part of the Performing Arts Centre proposal; stating that the Grand Theatre would like to get an electronic display marquee like the London Convention Centre;  emphasizing that the $100K from the City is necessary to secure the grant from the Canadian Cultural Spaces Fund and must be received by September 2014; noting that the City’s contribution would represent 15% of the overall project value; stating that he sees this as good value for the City in order ensure a safe and sustainable facility.

 

g)         Hope Clark, African Community Council – providing the attached presentation.

 

            (Secretary’s Note:  A copy of the “Community Conversation with London’s African Community”, as referenced in the presentation, is available for viewing in the City Clerk’s Office or online as an appendix to this Report.)

 

h)         V. Van Linden, Chair, Animal Welfare Advisory Committee – providing the attached presentation.

 

i)          Amir Eftekarpour, Vice President, Western University Students’ Council  - providing the attached presentation.

 

j)          George Wood, 907 Queensborough Court  - noting that his pension has been cut, leaving little money for day to day needs after he pays his mortgage and property taxes; stating that there are a lot of seniors in a similar position to his and they simply cannot keep up with increasing property taxes and utility bills.

 

k)         Gary Brown, 35A-59 Ridout Street – noting that in many North American cities, most recently New York City, they have made choices to put in bike lanes in a city which has limited space; stating that recent studies have indicated that pedestrian and bicycle traffic can mean a 49% increase in retail sales, so increasing pedestrian and bicycle traffic in London is important since there are many small business in London that would benefit; suggesting that an investment in cycling would assist the Mayor in his job creation goals; stating that the City of Mississauga is asking the Province of Ontario for 1% of the costs for its “Share the Road” initiative; suggesting that 78% of Ontarians would cycle if there was better cycling infrastructure; asking that the Municipal Council not cut the $200K for dedicated bicycle lanes as this is a good investment to secure more jobs, increase revenues and keep the best and the brightest people in London.

 

l)          Roy Wood, 51 Brentwood Crescent – noting that he likes to bike to work 8 months of the year and also does a lot of recreational biking; indicating he bikes with his son and this is a great bonding experience; expressing concern about biking in London for safety reasons; and noting that the local bike lanes are patchy---some work great, but there is a need to continue to invest in a bigger network.

 

m)       Anthea Rowe, 44 Kingsford Crescent – indicating that she would like the bike lane dollars kept in the 2014 Budget; noting the investment is key to safety in cycling; asking for more bicycle lanes; and stating there is a need to maintain the investment in order to be a progressive city.

 

n)         Yasmin, 50 Chapman Court – indicating she likes to use the bike paths, but they are not cleared year round; asking that the bike budget not be cut; and noting year round access to the paths is necessary for running errands.

 

3.

London Chamber of Commerce - 2014 Budget

 

That the communication dated December 19, 2013, from G. Macartney, CEO, London Chamber of Commerce, offering the London Chamber of Commerce Board’s observations and recommendations regarding the 2014 Budget BE RECEIVED.

 

4.

Downtown London - 2014 Budget

 

That the attached communication dated January 6, 2014 from R.T. Usher, Chair, London Downtown Business Association and J. MacDonald, Executive Director, Downtown London, requesting that the funding for Downtown London not be eliminated, BE RECEIVED.

 

 

Motion made by Councillor B. Polhill and seconded by Councillor S.E. White to Approve that clause 1, be amended by replacing part 1 b) with the following new part 1 b):

 

            “b)        That Councillor S.E. White disclosed a pecuniary interest in clause 2c) having to do with OW/ODSP Advocates Network by indicating that she is employed by CMHA/WOTCH.”

 

Motion Passed

 

YEAS: J.F. Fontana, B. Polhill, B. Armstrong, 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 (13)

 

The motion to Approve clause 1, as amended and clauses 2 to 4 is put.

 

Motion Passed

 

YEAS: J.F. Fontana, B. Polhill, B. Armstrong, J.B. Swan, J.L. Baechler, N. Branscombe, M. Brown, P. Hubert, D.G. Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant (13)

 

NAYS: S.E. White (1)

 

Clause 1, as amended, reads as follows:

 

That it BE NOTED that the following pecuniary interests were disclosed:

 

a)         Councillor J.B. Swan disclosed a pecuniary interest in clause 2f) having to do with The Grand Theatre as his employer, Orchestra London, is currently involved in a process regarding a Performing Arts Centre.

 

b)         Councillor S.E. White disclosed a pecuniary interest in clause 2c) having to do with OW/ODSP Advocates Network, as well as other matters related to mental health, by indicating that she is employed by CMHA/WOTCH.

 

 

4th Report of the Committee of the Whole

Councillor D. Brown presents. 

 

Mayor J.F. Fontana and Councillors 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  and C. Saunders (City Clerk).

 

ALSO PRESENT: A. Zuidema, J.P. Barber, J. Braam, A. Dunbar, J.M. Fleming, K. Graham, N. Hall, M. Hayward, G.T. Hopcroft, R. Paynter, L. Rowe and B. Warner.

 

Motion made by Councillor D. Brown and seconded by Councillor B. Polhill to Approve that, as a procedural matter pursuant to Section 239 (6) of the Municipal Act, 2001, the following recommendation be forwarded to City Council for deliberation and a vote in public session:

 

That, on the recommendation of the Managing Director, Corporate Services and City Treasurer, Chief Financial Officer, with the concurrence of the Managing Director, Environmental and Engineering Services and City Engineer, on the advice of the Manager of Realty Services, with respect to the property at 3405 Scotland Drive, the following actions be taken:

 

a)         the offer submitted by Walter Melnyk and Jenny Marie Melnyk to sell to the City land municipally known as 3405 Scotland Drive, located on the south side of Scotland Drive west of White Oak Road, described as Part of Lot 18, Concession 6, containing an area of approximately 10 acres, for the purpose of buffering the City’s W12A landfill site, BE ACCEPTED for the sum of $900,000.00, subject to the following conditions:

 

i)          the City agreeing to pay the Vendors’ reasonable legal fees, including fees, disbursements and applicable taxes, to complete this transaction, subject to assessment;

 

ii)         the City agreeing to licencing the easterly portion of the property, including storage sheds, back to the Vendors for a period of (5) five years, at an annual consideration of $4,000; and

           

b)         the financing for this acquisition BE APPROVED as set out in the   Source of Financing Report attached hereto as Appendix “A”.

 

Motion Passed

 

YEAS: J.F. Fontana, B. Polhill, B. Armstrong, J.B. Swan, J.L. Baechler, N. Branscombe, M. Brown, P. Hubert, D.G. Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant, S.E. White (14)

 

Motion made by Councillor B. Polhill and seconded by Councillor J.L. Baechler to Approve that

part c) of clause 12 of the 2nd Report of the Planning and Environment Committee be reconsidered to correct a voting error.

 

Motion Passed

 

YEAS: J.F. Fontana, B. Polhill, B. Armstrong, J.B. Swan, J.L. Baechler, N. Branscombe, M. Brown, P. Hubert, D.G. Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant, S.E. White (14)

 

Motion made by Councillor J.L. Baechler and seconded by Councillor B. Polhill to Approve part c) of clause 12 of the 2nd Report of the Planning and Environment Committee.

 

Motion Passed

 

YEAS: J.F. Fontana, B. Polhill, B. Armstrong, J.B. Swan, J.L. Baechler, N. Branscombe, M. Brown, P. Hubert, D.G. Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant (13)

 

RECUSED: S.E. White (1)

 

X

DEFERRED MATTERS

 

None.

 

XII

EMERGENT MOTIONS

 

None.

 

XIII

BY-LAWS

 

BY-LAWS TO BE READ A FIRST, SECOND AND THIRD TIME:

 

Motion made by Councillor D. Brown and seconded by Councillor P. Van Meerbergen to Approve Introduction and First Reading of Bill No.s 71 to 85, inclusive and Bill No.s 88 to 93, inclusive.

 

Motion Passed

 

YEAS: J.F. Fontana, B. Polhill, B. Armstrong, J.B. Swan, J.L. Baechler, N. Branscombe, M. Brown, P. Hubert, D.G. Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant, S.E. White (14)

 

Motion made by Councillor B. Polhill and seconded by Councillor H.L. Usher to Approve Second Reading of Bill No.s 71 to 85, inclusive and Bill No.s 88 to 93, inclusive.

 

Motion Passed

 

YEAS: J.F. Fontana, B. Polhill, B. Armstrong, J.B. Swan, J.L. Baechler, N. Branscombe, M. Brown, P. Hubert, D.G. Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant, S.E. White (14)

 

Motion made by Councillor N. Branscombe and seconded by Councillor P. Van Meerbergen to Approve Third Reading and Enactment of Bill No.s 71 to 85, inclusive and Bill No.s 88 to 93, inclusive.

 

Motion Passed

 

YEAS: J.F. Fontana, B. Polhill, B. Armstrong, J.B. Swan, J.L. Baechler, N. Branscombe, M. Brown, P. Hubert, D.G. Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant, S.E. White (14)

 

Motion made by Councillor D. Brown and seconded by Councillor P. Van Meerbergen to Approve Introduction and First Reading of Bill No. 86.

 

Motion Passed

 

YEAS: J.F. Fontana, B. Polhill, J.B. Swan, J.L. Baechler, M. Brown, P. Hubert, D.G. Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant, S.E. White (12)

 

NAYS: B. Armstrong, N. Branscombe (2)

 

Motion made by Councillor B. Polhill and seconded by Councillor H.L. Usher to Approve Second Reading of Bill No. 86.

 

Motion Passed

 

YEAS: J.F. Fontana, B. Polhill, J.B. Swan, J.L. Baechler, M. Brown, P. Hubert, D.G. Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant, S.E. White (12)

 

NAYS: B. Armstrong, N. Branscombe (2)

 

Motion made by Councillor B. Polhill and seconded by Councillor D. Brown to Approve Third Reading and Enactment of Bill No. 86.

 

Motion Passed

 

YEAS: J.F. Fontana, B. Polhill, J.B. Swan, J.L. Baechler, M. Brown, P. Hubert, D.G. Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant, S.E. White (12)

 

NAYS: B. Armstrong, N. Branscombe (2)

 

Motion made by Councillor B. Polhill and seconded by Councillor P. Van Meerbergen to Approve Introduction and First Reading of Bill No. 87.

 

Motion Passed

 

YEAS: J.F. Fontana, B. Polhill, B. Armstrong, J.B. Swan, J.L. Baechler, N. Branscombe, M. Brown, P. Hubert, D.G. Henderson, P. Van Meerbergen, H.L. Usher, J.P. Bryant, S.E. White (13)

 

RECUSED: D. Brown (1)

 

Motion made by Councillor B. Polhill and seconded by Councillor P. Hubert to Approve Second Reading of Bill No. 87.

 

Motion Passed

 

YEAS: J.F. Fontana, B. Polhill, B. Armstrong, J.B. Swan, J.L. Baechler, N. Branscombe, M. Brown, P. Hubert, D.G. Henderson, P. Van Meerbergen, H.L. Usher, J.P. Bryant, S.E. White (13)

 

RECUSED: D. Brown (1)

 

Motion made by Councillor B. Polhill and seconded by Councillor J.L. Baechler to Approve Third Reading and Enactment of Bill No. 87.

 

Motion Passed

 

YEAS: J.F. Fontana, B. Polhill, B. Armstrong, J.B. Swan, J.L. Baechler, N. Branscombe, M. Brown, P. Hubert, D.G. Henderson, P. Van Meerbergen, H.L. Usher, J.P. Bryant, S.E. White (13)

 

RECUSED: D. Brown (1)

 

 

 

The following by-laws are passed and enacted as by-laws of The Corporation of the City of London. 

 

Bill No. 71

By-law No. A.-7065-57

A by-law to confirm the proceedings of the Council Meeting held on the 28th day of January, 2014. (City Clerk)

 

Bill No. 72

By-law No. A.-7066-58

A by-law to approve an consortium agreement between The Corporation of the City of London (the City) and City of Hamilton, City of Ottawa, The Corporation of The City of Windsor, The Corporation of The Municipality of Chatham-Kent, The Regional Municipality of Halton, The Regional Municipality of York and The Regional Municipality of Waterloo for the purpose of establishing the Consortium for a Housing Collaborative Initiative and to authorize the Mayor and the City Clerk to execute the agreement. (4/4/CPSC)

 

Bill No. 73

By-law No. A.-7067-59

A By-law to delegate authority to the Managing Director, Housing, Social Services and Dearness Home or her/his designate to execute all Agreements on behalf of the City of London under the Housing Collaborative Initiative. (4/4/CPSC)

 

Bill No. 74

By-law No. C.P.-1284(tp)-60

A by-law to amend the Official Plan for the City of London, 1989 relating to 1607, 1609, 1611, 1615, 1619, 1623, 1627, 1631, 1635, 1639, 1643, 1649, and 1653 Richmond Street. (11a/2/PEC)

 

Bill No. 75

By-law No. C.P.-1284(tq)-61

A by-law to amend the Official Plan for the City of London, 1989 relating to 1607, 1609, 1611, 1615, 1619, 1623, 1627, 1631, 1635, 1639, 1643, 1649, and 1653 Richmond Street. (11b/2/PEC)

 

Bill No. 76

By-law No. C.P.-1284(tr)-63

A by-law to amend the Official Plan for the City of London, 1989 relating to 1607, 1609, 1611, 1615, 1619, 1623, 1627, 1631, 1635, 1639, 1643, 1649, and 1653 Richmond Street. (11c/2/PEC)

 

Bill No. 77

By-law No. PS-111-14130

A by-law to amend By-law PS-111 entitled, “A by-law to regulate traffic and the parking of motor vehicles in the City of London.” (2/3/CWC)

 

Bill No. 78

By-law No. S.-5629-63

A by-law to lay out, constitute, establish and assume lands in the City of London as public highway.  (as widening to Richmond Street, north of Simcoe Street) (Chief Surveyor)

 

Bill No. 79

By-law No. S.-5630-64

A by-law to lay out, constitute, establish and assume lands in the City of London as public highway.  (as widening to Wickerson Road, south of Byron Baseline Road) (Chief Surveyor)

 

Bill No. 80

By-law No. S.-5631-65

A by-law to lay out, constitute, establish and assume lands in the City of London as public highway.  (as widening to Wonderland Road North, north of Farrah Road) (Chief Surveyor)

 

 

 

 

 

 

Bill No. 81

By-law No. S.-5632-66

A by-law to lay out, constitute, establish and assume lands in the City of London as public highway.  (as widening to Southdale Road East, east of Nixon Avenue and as widening to Nixon Avenue, north of Southdale Road) (Chief Surveyor)

Bill No. 82

By-law No. W.-5550-67

A by-law to authorize the Western Road Widening – Platts Lane to Oxford Street (Project No. TS1489) (5/2/CWC)

 

Bill No. 83

By-law No. Z.-1-142256

A by-law to amend By-law No. Z.-1 to remove the holding provisions from the zoning for an area of land located at 1776 - 1896 Sumac Way. (4/2/PEC)

 

Bill No. 84

By-law No. Z.-1-142257

A by-law to amend By-law No. Z.-1 to rezone an area of land located at 1221 Dundas Street. (7/2/PEC)

 

 

Bill No. 85

By-law No. Z.-1-142258

A by-law to amend By-law No. Z.-1 to rezone an area of land located at 797 York Street and to repeal by-law Z.-1-132241 being a by-law to amend By-law No. Z.-1 to rezone an area of land located at 797 York Street. (8/2/PEC)

 

Bill No. 86

By-law No. Z.-1-142259

A by-law to amend By-law No. Z.-1 to rezone an area of land located at 193 Clarke Road. (9/2/PEC)

 

Bill No. 87

By-law No. Z.-1-142260

A by-law to amend By-law No. Z.-1 to rezone an area of land located at 122 Wortley Road. (10/2/PEC)

 

Bill No. 88

By-law No. Z.-1-142261

A by-law to amend By-law No. Z.-1 to rezone an area of land located at 1607, 1609 and 1611 Richmond Street. (11e/2/PEC)

 

Bill No. 89

By-law No. Z.-1-142262

A by-law to amend By-law No. Z.-1 to rezone an area of land located at 1615, 1619, 1623 and 1627 Richmond Street. (11f/2/PEC)

 

Bill No. 90

By-law No. Z.-1-142263

A by-law to amend By-law No. Z.-1 to rezone an area of land located at 1631, 1635 and 1639 Richmond Street. (11g/2/PEC)

 

Bill No.91

By-law No. Z.-1-142264

A by-law to amend By-law No. Z.-1 to rezone an area of land located at 1643, 1649 and 1653 Richmond Street. (11h/2/PEC)

 

Bill No. 92

By-law No. A.-7068-68

 

A By-law to approve the Ontario Funding Agreement for promotion of 2575 Boyd Court, Innovation Park, Phase IV, as an “Investment Ready: Certified Site” with Her Majesty the Queen in Right of Ontario as represented by the Minister of Economic Development, Trade and Employment; and to authorize the Mayor and the City Clerk to execute the Agreement. (9/5/CSC)

 

Bill No. 93

By-law No. A.-7069-69

 

A By-law to authorize an Agreement of Purchase and Sale between The Corporation of the City of London and Walter Melnyk and Jenny Marie Melnyk, for the acquisition of the property located at 3405 Scotland Drive, for the City’s W12A landfill site, and to authorize the Mayor and the City Clerk to execute the Agreement. (1/5/CSC)

 

 

 

XIV

ADJOURNMENT

 

Motion made by Councillor P. Hubert and seconded by Councillor J.B. Swan to Adjourn.

 

Motion Passed

 

The meeting adjourned at 8:17 PM.

_________________________________

                                                                                          Joe Fontana, Mayor

 

_________________________________

                                                                                          Catharine Saunders, City Clerk

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