December 6, 2011
Present:
J.F. Fontana, B. Polhill, W.J. Armstrong, J.B. Swan, J.L. Baechler, N. Branscombe, M. Brown, P. Hubert, D.G. Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant, S.E. White, C. Saunders
Absent:
S. Orser
Also Present:
J.A. Fielding, R.L. Fair, M. Hayward, P. McNally, D. Ailles, J.P. Barber, G. Belch, J. Braam, J. Buchanan, D. Clarke, W. Coxhead, J. Edward, J.M. Fleming, P. Foto, J. Freeman, E. Gamble, G.T. Hopcroft, T.A. Johnson, B. Masuch, V. McAlea Major, D. O’Brien, L.M. Rowe, J. Page, J. Stanford, J. Taylor, B. Warner, B. Westlake-Power
The Council meets in Regular Session in the Council Chambers this day at 5:03 p.m.
I. RECOGNITIONS
1. Technology Upgrades
– Council Chambers and Committee Rooms 4 & 5
Moved by Councillor N. Branscombe
Approve that, on the recommendation of the City Clerk and the Chief Technology Officer, and with the concurrence of the Manager of Purchasing & Supply, the following actions be taken with respect to the Technology Upgrades for the Council Chambers and Committee Rooms 4 & 5: (a) the tender for Technology Upgrades – Council Chambers & Committee Rooms 4 & 5, submitted by Dynamix London Inc., 5 Hamley Road, London, Ontario N6E 3W1, at their tendered price of $208,022.00 (excluding HST), BE ACCEPTED; (b) the Civic Administration BE AUTHORIZED additional capital funding of $38,515.00 (excluding HST) to proceed with the purchase and installation of additional desktop computers and servers required by the Technology Services Division to implement web streaming capabilities for Council Chambers and to implement electronic voting, the electronic agenda and web streaming capabilities for Committee Rooms 4 & 5; (c) the funding for the above-noted project BE APPROVED as set out in the Sources of Financing Report attached hereto as Appendix “A”; it being noted that annual operating costs to sustain the technology upgrades, estimated to be $27,823 in Year One and $59,687 in Year Two and beyond, can be accommodated in the base 2012 and beyond Corporate Operating Budget; (d) the Civic Administration BE AUTHORIZED to undertake all administrative acts which are necessary in connection with this matter; and (e) the approvals hereby given BE CONDITIONAL upon the Corporation entering into a formal contract or issuing a purchase order relating to the subject matter of this approval; it being noted that the Services Review Committee reviewed and received a Municipal Council resolution adopted at its meeting held on November 7, 2011, with respect to this matter.
Motion Passed
Vote:
Yeas: J.F. Fontana B. Polhill W.J. Armstrong J.B. Swan J.L. Baechler N. Branscombe M. Brown P. Hubert D.G. Henderson P. Van Meerbergen D. Brown H.L. Usher J.P. Bryant S.E. White (14)
Motion Passed
2. Fire Services
Moved by Councillor N. Branscombe
Approve that the Civic Administration BE REQUESTED to provide a report back to the Services Review Committee with respect to the following matters related to Fire Services: (a) alternative service delivery options that may be utilized for responses to nuisance burning complaints; and, (b) potential revenue streams (models used in other municipalities, user fees, insurance charge backs, etc.).
Motion Passed
Vote:
Yeas: J.F. Fontana B. Polhill W.J. Armstrong J.B. Swan J.L. Baechler N. Branscombe M. Brown P. Hubert D.G. Henderson P. Van Meerbergen D. Brown H.L. Usher J.P. Bryant S.E. White (14)
Motion Passed
3. Thames Valley
Corridor Plan
Moved by Councillor N. Branscombe
Approve that the Thames Valley Corridor Plan Business Case BE REFERRED to the Investment and Economic Prosperity Committee for consideration in conjunction with other initiatives, in order to maximize the use of all funding sources available; it being noted that the Services Review Committee further suggested that ‘complementary areas’ of the current budget be re-examined to determine whether additional synergies and opportunities exist.
Motion Passed
Vote:
Yeas: J.F. Fontana B. Polhill W.J. Armstrong J.B. Swan J.L. Baechler N. Branscombe M. Brown P. Hubert D.G. Henderson P. Van Meerbergen D. Brown H.L. Usher J.P. Bryant S.E. White (14)
Motion Passed
4. Emerald Ash Borer
Management Strategy
Moved by Councillor N. Branscombe
Approve that, on the recommendation of the Executive Director – Planning, Environmental and Engineering Services, with the advice of the City Planner and the Manager of Urban Forestry, the following actions be taken with respect to the Emerald Ash Borer Management Strategy: (a) the following items be further considered and reviewed at a future meeting of the SRC, with a recommendation to be forwarded to the Municipal Council in conjunction with the 2012 Budget: (i) recognizing the significant risk exposure associated with dead and dying trees that result from the Emerald Ash Borer (EAB), and the need to re-plant streetscapes where trees have been removed, and also recognizing Council’s desire to meet budget targets in 2012, the following existing budgets BE CONSIDERED as sources of financing to fund the 2012 Emerald Ash Borer program: A. Street Tree Planting Program - $229k of the $260k budget for 2012 – meaning that there will be significant delays for infill tree-planting that had previously been planned for 2012; B. Woodland Management Program - $150k – meaning that there will be no funds dedicated to the management of woodlands with respect to the cutting of invasive species, trail building or maintenance, etc. C. EAB designated tree planting - $443k – which includes surplus from previous years EAB re-planting and $200k planned EAB planting in 2012; (ii) the Coordination, Administration and Education components of the EAB program BE DELAYED for 1 year, eliminating $100,000 of cost from the endorsed EAB strategy; (b) the Municipal Council BE ADVISED that the above-noted approach will have significant impacts on street tree planting, and woodland management and downtown tree planting in London in 2012, and a similar approach is not sustainable for 2013 and beyond; (c) the consideration of $272k from Downtown street tree planting, meaning that planned planting programs in support of the 2013 World Figure Skating Championships will not be completed, BE REFERRED back to the Civic Administration in order to have additional clarification brought back to the Services Review Committee (SRC); (d) the Civic Administration BE DIRECTED to review alternative sources of revenue to supplement the above-noted projects in the year 2013; it being noted that the SRC reviewed and received a Municipal Council resolution adopted at its meeting held on October 24, 2011, with respect to this matter.
Moved by Councillor H.L. Usher
Seconded by Councillor J.B. Swan
Amend clause 4 by adding “investigate opportunities for additional funding through Federal programs”.
Motion Passed
Vote:
Yeas: B. Polhill W.J. Armstrong J.B. Swan J.L. Baechler N. Branscombe M. Brown P. Hubert D.G. Henderson P. Van Meerbergen D. Brown H.L. Usher J.P. Bryant S.E. White (13)
Motion Passed
Motion put to Approve clause 4, as amended.
Motion Passed
Vote:
Yeas: J.F. Fontana B. Polhill W.J. Armstrong J.B. Swan J.L. Baechler N. Branscombe M. Brown P. Hubert D.G. Henderson P. Van Meerbergen D. Brown H.L. Usher J.P. Bryant S.E. White (14)
Motion Passed
5. Deferred Business
Cases
Moved by Councillor N. Branscombe
Note that the Services Review Committee (SRC) deferred consideration of the following Business Cases to a future meeting of the SRC: (a) Service Reviews; (b) Land Ambulance Issues; (c) Planning Division Work Program Options; it being noted that additional information will be available at a future meeting; (d) Corporate Records Management Program; it being noted that the SRC requested additional information related to the potential reallocation of funds to finance this project; and, (e) London Community Archive Program; it being noted that this project is a 2013 initiative.
Motion Passed
Vote:
Yeas: J.F. Fontana B. Polhill W.J. Armstrong J.B. Swan J.L. Baechler N. Branscombe M. Brown P. Hubert D.G. Henderson P. Van Meerbergen D. Brown H.L. Usher J.P. Bryant S.E. White (14)
Motion Passed
6. Consideration of
Business Cases – Proposed Add/Cut List
Moved by Councillor N. Branscombe
note that the Services Review Committee (SRC) deferred consideration and review of the following business cases to a future meeting of the SRC, with a recommendation to be forwarded to the Municipal Council in conjunction with the 2012 Budget: (a) Increasing Staffing Levels on Aerial Trucks; (b) Community Engagement & Relationship Building Opportunities; and, (c) Improving Outreach & Communications with Residents.
Motion Passed
Vote:
Yeas: J.F. Fontana B. Polhill W.J. Armstrong J.B. Swan J.L. Baechler N. Branscombe M. Brown P. Hubert D.G. Henderson P. Van Meerbergen D. Brown H.L. Usher J.P. Bryant S.E. White (14)
Motion Passed
II. DISCLOSURES
OF PECUNIARY INTEREST
Councillor P. Hubert discloses a pecuniary interest in clause 7 of the 30th Report of the Finance and Administration Committee having to do with the Ontario Works in the Community Strategy for East London, by indicating that he is the Executive Director of a social service agency with a contract with Ontario Works. Councillor P. Hubert further discloses a pecuniary interest in clause C-1 of the Confidential Appendix to the 30th Report of the Finance and Administration Committee having to do with a matter pertaining to instructions and directions to officers and employees of the Corporation pertaining to a lease amendment; 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 lease amendment; commercial and financial information supplied in confidence pertaining to the proposed lease amendment, 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 lease amendment whose disclosure could reasonably be expected to prejudice the economic interests of the Corporation or its competitive position; information concerning the proposed lease amendment 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 lease amendment, by indicating that he is the Executive Director of a social service agency with a contract with Ontario Works.
Councillor M. Brown discloses a pecuniary interest in clause 1 of the 38th Report of the Committee of the Whole having to do with matters of common interest between the City of London and the Thames Valley District School Board (TVDSB) by indicating that he is employed by the TVDSB. Councillor M. Brown further discloses a conflict of interest in the November 24, 2011 Record of Proceeding of the Licensing Appeal Committee by indicating that the appellant spoke with him prior to the Hearing.
Councillor N. Branscombe discloses a pecuniary interest in clause 15 of the 29th Report of the Built and Natural Environment Committee having to do with property at 45 Artisans Crescent by indicating that her spouse owns the subject property. Councillor N. Branscombe further discloses a pecuniary interest in clause 2 of the 1st Report of the Investment and Economic Prosperity Committee having to do with the International Air Cargo Terminal Update, by indicating that the Terminal is in close proximity to her spouse’s business.
Councillor D. Brown discloses a pecuniary interest in clause 4 of the 21st Report of the Community and Neighbourhoods Committee having to do with the Taxi/Limousine By-law Review by indicating that her employer owns a taxi and limousine business. Councillor D. Brown further discloses a pecuniary interest in clause 1 of the 2nd Report of the Investment and Economic Prosperity Committee having to do with “Building the City of Opportunity”, as it relates to the London Transit Commission, by indicating that her employer has a contract with the London Transit Commission. Councillor D. Brown also discloses a pecuniary interest in the November 24, 2011 Record of Proceeding of the Licensing Appeal Committee, by indicating that it relates to the cab priority list and her employer operates a taxi company.
III. CONFIRMATION
AND SIGNING OF THE MINUTES OF THE TWENTIETH MEETING HELD ON NOVEMBER 21, 2011
Moved by Councillor D. Brown
Seconded by Councillor P. Van Meerbergen
Approve the Minutes of the Twentieth Meeting held on November 21, 2011. Motion Passed
Motion Passed
Vote:
Yeas: J.F. Fontana B. Polhill W.J. Armstrong J.B. Swan J.L. Baechler N. Branscombe M. Brown P. Hubert D.G. Henderson P. Van Meerbergen D. Brown H.L. Usher J.P. Bryant S.E. White (14)
Moved by Councillor D. Brown
Seconded by Councillor P. Van Meerbergen
Approve Minutes of the Special Council Meeting held on December 2, 2011. Motion Passed
Motion Passed
Vote:
Yeas: J.F. Fontana B. Polhill W.J. Armstrong J.B. Swan J.L. Baechler N. Branscombe M. Brown P. Hubert D.G. Henderson P. Van Meerbergen D. Brown H.L. Usher J.P. Bryant S.E. White (14)
IV. REVIEW
OF CONFIDENTIAL MATTERS TO BE CONSIDERED IN PUBLIC
V. COMMUNICATIONS
AND PETITIONS
VI. MOTIONS OF WHICH
NOTICE IS GIVEN
VII. ADDED
REPORTS
VIII. REPORTS
7. Business Plan
Summary Review
Moved by Councillor N. Branscombe
Note that the Services Review Committee (SRC) held a general discussion with respect to the two business plans related to Payroll (10.1.12); it being noted that the SRC did not complete the discussion of these plans at its previous meeting.
Motion Passed
Vote:
Yeas: J.F. Fontana B. Polhill W.J. Armstrong J.B. Swan J.L. Baechler N. Branscombe M. Brown P. Hubert D.G. Henderson P. Van Meerbergen D. Brown H.L. Usher J.P. Bryant S.E. White (14)
Motion Passed
8. Demolition
Application - 736 Talbot Street
Moved by Councillor B. Polhill
Approve that, on the recommendation of the London Advisory Committee on Heritage (LACH), the Director of Building Controls and Chief Building Official BE ADVISED that the LACH does not support the designation of the property located at 736 Talbot Street; it being noted that the LACH requested that the Heritage Planner be allowed to document the building if it is to be demolished.
Motion Passed
Vote:
Yeas: J.F. Fontana B. Polhill W.J. Armstrong J.B. Swan J.L. Baechler N. Branscombe M. Brown P. Hubert D.G. Henderson P. Van Meerbergen D. Brown H.L. Usher J.P. Bryant S.E. White (14)
Motion Passed
9. Demolition
Application - 254 Gideon Drive
Moved by Councillor B. Polhill
Approve that, on the recommendation of the London Advisory Committee on Heritage (LACH), the Director of Building Controls and Chief Building Official BE ADVISED that the LACH does not support the designation of the property located at 254 Gideon Drive; it being noted that the LACH requested that the Heritage Planner be allowed to document the building if it is to be demolished.
Motion Passed
Vote:
Yeas: J.F. Fontana B. Polhill W.J. Armstrong J.B. Swan J.L. Baechler N. Branscombe M. Brown P. Hubert D.G. Henderson P. Van Meerbergen D. Brown H.L. Usher J.P. Bryant S.E. White (14) Pursuant to section 17.2 of the Council Procedure By-law J.P. Bryant calls for a separate vote on clause 10
Motion Passed
10. Demolition
Application - 91 Southdale Road
Moved by Councillor B. Polhill
Approve that, on the recommendation of the London Advisory Committee on Heritage (LACH), the Director of Building Controls and Chief Building Official BE ADVISED that the LACH does not support the designation of the property located at 91 Southdale Road; it being noted that the LACH requested that the Heritage Planner be allowed to document the building and that all salvageable heritage aspects of the property be retained.
Motion Passed
Vote:
Yeas: J.F. Fontana B. Polhill W.J. Armstrong J.B. Swan J.L. Baechler N. Branscombe M. Brown P. Hubert D.G. Henderson P. Van Meerbergen D. Brown H.L. Usher J.P. Bryant S.E. White (14)
Motion Passed
11. Wortley Village -
Old South Heritage Conservation District
Moved by Councillor B. Polhill
Approve that, the following recommendation of the London Advisory Committee on Heritage (LACH), relating to the Wortley Village - Old South Heritage Conservation District (WV/OS HCD) BE REFERRED to the December 12, 2011 Planning and Environment Committee meeting. The LACH recommendation reads as follows: “That the following actions be taken with respect to the Wortley Village - Old South Heritage Conservation District (WV/OS HCD): (a) the WV-OS HCD Study BE RECEIVED;
(b) the boundaries, as revised, for the WV/OS HCD BE APPROVED; and, (c) the Municipal Council BE REQUESTED to initiate Phase 2 of the WV-OS HCD; it being noted that Phase 2 produces the District Plan and the Conservation Guidelines; it being further noted that funding is expected to be available in the 2012 Budget.”
Motion Passed
Vote:
Yeas: J.F. Fontana B. Polhill W.J. Armstrong J.B. Swan J.L. Baechler N. Branscombe M. Brown P. Hubert D.G. Henderson P. Van Meerbergen D. Brown H.L. Usher J.P. Bryant S.E. White (14)
Motion Passed
Pursuant to section 17.2 of the Council Procedure By-law, Councillor D. Brown calls for a separate vote on clause 12.
12. Reservoir Hill –
940 Springbank Drive
Moved by Councillor B. Polhill
Approve that, the following recommendation of the London Advisory Committee on Heritage, with respect to the property located at 940 Springbank Drive, BE FORWARDED to the Civic Administration for consideration and to report back when this matter is considered at the site plan stage. The LACH recommendation reads as follows: (a) approval of the site plan, which does not comply with the restraints imposed by the Ontario Municipal Board, sets a dangerous precedent; and, (b) approval of the site plan will result in additional loss of the part of the site which the Ontario Municipal Board directed should be rezoned OS5; it being noted that the London Advisory Committee on Heritage received a presentation from A. Hopkins, 9 Springbank Drive, with respect to this matter.
Motion Passed
Vote:
Yeas: Nays: W.J. Armstrong J.F. Fontana J.B. Swan B. Polhill J.L. Baechler D.G. Henderson N. Branscombe P. Van Meerbergen M. Brown D. Brown P. Hubert S.E. White (6) H.L. Usher J.P. Bryant (8)
Motion Passed
13. Inventory of
Heritage Resources – City of London Website
Moved by Councillor B. Polhill
Approve that the London Advisory Committee on Heritage BE ALLOWED to retain its remaining 2011 Budget for use in 2012, for the inclusion of a photograph and a link to the Statements of Significance for heritage designated properties listed in the Inventory of Heritage Resources contained on the City of London’s website.
Motion Passed
Vote:
Yeas: J.F. Fontana B. Polhill W.J. Armstrong J.B. Swan J.L. Baechler N. Branscombe M. Brown P. Hubert D.G. Henderson P. Van Meerbergen D. Brown H.L. Usher J.P. Bryant S.E. White (14)
Motion Passed
14. Cedar Auto of
London Ltd. – 2170 Wharncliffe Road South (Z-7944)
Moved by Councillor B. Polhill
Approve that, on the recommendation of the Director of Land Use Planning and City Planner, based on the application of Cedar Auto of London Ltd. relating to a portion of the subject land located at 2170 Wharncliffe Road South, the revised attached proposed by-law BE INTRODUCED at the Municipal Council meeting to be held on December 6, 2011 to amend Zoning By-law No. Z.-1, (in conformity with the Official Plan), to change the zoning of the subject land FROM a h-17.AC2 Zone which permits a range of commercial, and residential uses TO a h-17-h-()-AC2( ) Zone to permit the additional use of automobile sales and service establishment; it being noted that the h-17 holding provision requires water and sanitary services prior to development, with the exception of dry uses on approved private sanitary services; it being further noted that the h-() holding provision requires that urban design and comprehensive traffic patterns in the area be considered during the site plan review process and a development agreement be entered into prior to development to ensure the orderly development of the site; it being pointed out that there were no oral submissions made at the public participation meeting held in connection with this matter. (2011-D11-02)
Motion Passed
Vote:
Yeas: J.F. Fontana B. Polhill W.J. Armstrong J.B. Swan J.L. Baechler N. Branscombe M. Brown P. Hubert D.G. Henderson P. Van Meerbergen D. Brown H.L. Usher J.P. Bryant S.E. White (14)
Motion Passed
Moved by Councillor B. Polhill
Approve that, on the recommendation of the Director, Land Use Planning and City Planner, based on the application of 1145505 Ontario Limited relating to the property located at 45 Artisans Crescent, the attached proposed by-law BE INTRODUCED at the Municipal Council meeting to be held on December 6, 2011 to amend Zoning By-law No. Z.-1, (in conformity with the Official Plan), to CHANGE Section 4.13 5) to permit vehicles to manoeuvre into loading areas at 45 Artisans Crescent, using the Artisans Crescent road allowance; it being pointed out that there were no oral submissions made at the public participation meeting held in connection with this matter. (2011-D11-06)
Motion Passed
Vote:
Yeas: J.F. Fontana B. Polhill W.J. Armstrong 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 (13) RECUSED: N. Branscombe (1)
Motion Passed
16. Sifton Properties
Limited – 2140 Kains Road (Z-7953)
Moved by Councillor B. Polhill
Approve that, on the recommendation of the Director of Land Use Planning and City Planner, the following actions be taken with respect to the application of Sifton Properties Limited relating to the property located at 2140 Kains Road: (a) the attached proposed revised by-law BE INTRODUCED at the Municipal Council meeting to be held on December 6, 2011 to amend Zoning By-law No. Z.-1, (in conformity with the Official Plan), to change the zoning of the subject property FROM a Neighbourhood Shopping Area (NSA1) Zone which permits bake shops, catalogue stores, clinics, convenience service establishments, day care centres, duplicating shops, financial institutions, food stores, libraries, medical/dental offices, offices, personal service establishments, restaurants, retail stores, service and repair establishments, studios, video rental establishments, and brewing on premises establishments, within a shopping centre format, TO a Neighbourhood Shopping Area Special Provision (NSA5( )) Zone to permit the above listed range of uses in a shopping centre format or in standalone buildings that do not form part of a shopping centre, with special provisions to establish a maximum building setback of 4.5 metres for a minimum of 35 metres of the built form along Kains Road, and a maximum yard depth adjacent to the South leg of Somerville Drive (private) of 10.0 metres; to allow for a maximum total gross floor area for office use within the zone, of 3,000 square metres; a maximum total gross floor area for office use as a proportion of the maximum total gross floor area of 57%; a maximum gross floor area for restaurants of 700 square metres; a maximum gross floor area of 1700 square metres for offices, including medical/dental offices; and to apply the shopping centre parking rate of 1 space per every 20 square metres of gross leasable floor area; (b) the Site Plan Approval Authority BE REQUESTED to address the following design issues through the site plan process: (i) the provision of a height element incorporated in the building at the southeast corner of the property to denote this significant streetscape; (ii) street oriented built form with building elevations that support pedestrian activity along Somerville Drive (private) and along Kains Road; (iii) a combination of built form, enhanced landscaping and pedestrian spaces that visually and functionally integrates with the Thames Valley Parkway along Kains Road; (iv) a parking lot design that provides pedestrian amenity as a public space; and, (v) creation of a clearly defined, pleasant and direct connection between the site and the nearest transit stop; (c) the request to amend Zoning By-law No. Z.-1 to change the zoning of the subject property FROM a Neighbourhood Shopping Area (NSA1) Zone which permits bake shops, catalogue stores, clinics, convenience service establishments, day care centres, duplicating shops, financial institutions, food stores, libraries, medical/dental offices, offices, personal service establishments, restaurants, retail stores, service and repair establishments, studios, video rental establishments, and brewing on premises establishments, within a shopping centre format, TO a Neighbourhood Shopping Area Special Provision (NSA5( )) Zone to permit the above listed range of uses in standalone buildings that do not form part of a shopping centre, with special provisions to allow for a maximum total gross floor area within the zone, of 3,000 square metres; a maximum gross floor area for restaurants of 700 square metres; a maximum gross floor area of 1700 square metres for offices, including medical/dental offices; and the shopping centre parking rate of 1 space per every 20 square metres of gross floor area, BE REFUSED for the following reasons: (i) the staff recommendation clarifies that either a shopping centre or standalone format may be permitted; (ii) an additional special provision is required to allow for a total gross floor area for office use as a proportion of the maximum total gross floor area of 57%; and; (iii) the staff recommendation includes additional special provisions to ensure that a minimum length of the built form is located close to Kains Road and Somerville Drive (private) to create a pedestrian oriented environment; and, (d) pursuant to Section 34(17) of the Planning Act, as determined by the Municipal Council, no further notice BE GIVEN in respect of the proposed by-law as the proposed changes are minor in nature and reflective of the site concept that was submitted with the application; it being noted that the Built and Natural Environment Committee received written communications dated November 18, 2011 and November 22, 2011, respectively, from A. and E. Dobronyi, 1508 Kirkpatrick Way and J. C. Rodriguez and C. De Leon, 1562 Kirkpatrick Way, with respect to this matter; it being pointed out that at the public participation meeting associated with this matter, the following individuals made an oral submission in connection therewith: - M. Zunti, Sifton Properties Limited – expressing support for the application; responding to Mr. Furlongers’ concerns by indicating that there will be a high standard of design for the signs; indicating that she cannot respond to the operating hours as the tenants have not been confirmed; however, she does not believe that the stores/restaurants will be open late at night. - B. Furlonger, 1556 Kirpatrick Way – expressing concern with how this will affect his property; enquiring as to the various stores and/or restaurants hours and the noise at night; and requesting input on any signage that is installed. (2011-D11-07)
Motion Passed
Vote:
Yeas: J.F. Fontana B. Polhill W.J. Armstrong J.B. Swan J.L. Baechler N. Branscombe M. Brown P. Hubert D.G. Henderson P. Van Meerbergen D. Brown H.L. Usher J.P. Bryant S.E. White (14)
Motion Passed
17. Demolition
Application – C. Sedge – 736 Talbot Street
Moved by Councillor B. Polhill
Approve that, the following actions be taken with respect to the demolition application of C. Sedge, for the residential property, located at 736 Talbot Street: (a) on the recommendation of the Director, Land Use Planning and City Planner, the above-noted demolition permit BE ISSUED; (b) the property owners BE REQUESTED to permit the London Advisory Committee on Heritage to photograph the heritage features of the property prior to its demolition; and, (c) all salvageable heritage aspects of the building be BE RETAINED and all reusable heritage items be stored, so they may be incorporated into future construction on the site; it being pointed out that there were no oral submissions made at the public participation meeting held in connection with this matter. (2011-D10-00)
Motion Passed
Vote:
Yeas: J.F. Fontana B. Polhill W.J. Armstrong J.B. Swan J.L. Baechler N. Branscombe M. Brown P. Hubert D.G. Henderson P. Van Meerbergen D. Brown H.L. Usher J.P. Bryant S.E. White (14)
Motion Passed
18. Demolition
Application - Medd-Co Holdings Corp. – 91 Southdale Road East
Moved by Councillor B. .Polhill
Approve that, the following actions be taken with respect to the demolition application of Medd-Co Holdings Corp., for the institutional structures, located at 91 Southdale Road East: (a) on the recommendation of the Director, Land Use Planning and City Planner, the above-noted demolition permit BE ISSUED; (b) the property owners BE REQUESTED to permit the London Advisory Committee on Heritage to photograph the heritage features of the property prior to its demolition; and, (c) all salvageable heritage aspects of the building be BE RETAINED and all reusable heritage items be stored, so they may be incorporated into future construction on the site; it being pointed out that there were no oral submissions made at the public participation meeting held in connection with this matter. (2011-D10-00)
Motion Passed
Vote:
Yeas: J.F. Fontana B. Polhill W.J. Armstrong J.B. Swan J.L. Baechler N. Branscombe M. Brown P. Hubert D.G. Henderson P. Van Meerbergen D. Brown H.L. Usher J.P. Bryant S.E. White (14)
Motion Passed
19. Demolition
Application – Liahn Farms Ltd. – 254 Gideon Drive
Moved by Councillor B. Polhill
Approve that, the following actions be taken with respect to the demolition application of Liahn Farms Ltd. for the residential structure and farm buildings located at 254 Gideon Drive: (a) on the recommendation of the Director, Land Use Planning and City Planner, the above-noted demolition permit BE ISSUED; (b) the property owners BE REQUESTED to permit the London Advisory Committee on Heritage to photograph the heritage features of the property prior to its demolition; and, (c) all salvageable heritage aspects of the building be BE RETAINED and all reusable heritage items be stored so they may be incorporated into future construction on the site; it being pointed out that there were no oral submissions made at the public participation meeting held in connection with this matter. (2011-D10-00)
Motion Passed
Vote:
Yeas: J.F. Fontana B. Polhill W.J. Armstrong J.B. Swan J.L. Baechler N. Branscombe M. Brown P. Hubert D.G. Henderson P. Van Meerbergen D. Brown H.L. Usher J.P. Bryant S.E. White (14)
Motion Passed
20. Devcom Developments
Inc. – 1155 Commissioners Road East and Middlesex Condominium Corporation No. 156 – 733-739 Deveron Crescent (OZ-7962)
Moved by Councillor B. Polhill
Approve that, on the recommendation of the Director of Development Planning, based on the application of Devcom Developments Inc. and Middlesex Condominium Corporation No. 156, relating to the property located at 1155 Commissioners Road East and a portion of the property located at 733-739 Deveron Crescent: (a) the attached proposed revised by-law BE INTRODUCED at the Municipal Council meeting to be held on December 6, 2011, to amend the Official Plan by changing the designation on Schedule “A” - Land Use FROM “Multi-family, Medium Density Residential” TO “Neighbourhood Commercial Node”; and, (b) the attached proposed revised by-law BE INTRODUCED at the Municipal Council meeting to be held on December 6, 2011 to amend Zoning By-law Z.-1, (in conformity with the Official Plan, as amended in Part (a) above), to change the zoning of the subject lands FROM an Associated Shopping Area Commercial Special Provision (ASA1(9)/ASA3(2)) Zone which permits a range of retail/commercial uses such as convenience stores, financial institutions, restaurants, grocery stores, pharmacies, dry cleaning and laundry plants, personal service establishments, day care centres, clinics, and medical/dental offices; and FROM a Residential R8 (R8-4) Zone which permits such uses as low-rise apartment buildings, senior citizens apartment buildings, and stacked townhouses, TO an Associated Shopping Area Commercial Special Provision (ASA1( )/ASA3( )) Zone to permit the current range of retail/commercial uses, together with special provisions for an interior side yard depth abutting a residential zone of 1.5 metres, a rear yard depth abutting a residential zone of 2.45 metres, a maximum lot coverage of 36 percent, and a minimum 59 parking spaces for a pharmacy use; it being pointed out that there were no oral submissions made at the public participation meeting held in connection with this matter. (2011-D11-02)
Motion Passed
Vote:
Yeas: J.F. Fontana B. Polhill W.J. Armstrong J.B. Swan J.L. Baechler N. Branscombe M. Brown P. Hubert D.G. Henderson P. Van Meerbergen D. Brown H.L. Usher J.P. Bryant S.E. White (14)
Motion Passed
21. Isaac Shapiro – 569
Victoria Street (B-7961)
Moved by Councillor B. Polhill
Approve that, notwithstanding the recommendation of the Director of Land Use Planning and City Planner, the following actions be taken with respect to the objection submitted by I. Shapiro on October 28, 2011, from the decision of the City of London Residential Boulevard Parking, relating to the property located at 569 Victoria Street: (a) the application from I. Shapiro to permit boulevard parking at 569 Victoria Street BE APPROVED; and, (b) the Civic Administration BE AUTHORIZED to undertake all the administrative acts that are necessary in connection with this matter; it being pointed out that there were no oral submissions made at the public participation meeting held in connection with this matter. (2011-D11-04)
Motion Passed
Vote:
Yeas: J.F. Fontana B. Polhill W.J. Armstrong J.B. Swan J.L. Baechler N. Branscombe M. Brown P. Hubert D.G. Henderson P. Van Meerbergen D. Brown H.L. Usher J.P. Bryant S.E. White (14)
Motion Passed
22. Royal Host Limited
– 800 Exeter Road (Z-7957)
Moved by Councillor B. Polhill
Approve that, on the recommendation of the Director of Land Use Planning and City Planner, based on the application of Royal Host Limited relating to the property located at 800 Exeter Road, the attached proposed by-law BE INTRODUCED at the Municipal Council meeting to be held on December 6, 2011 to amend Zoning By-law No. Z.-1, (in conformity with the Official Plan), to change the zoning of the subject lands FROM a Highway Service Commercial Special Provision (HS1/HS4(1)) Zone which permits assembly halls, financial institutions, hotels, motel and restaurants TO a Highway Service Commercial Special Provision (HS1( )/HS4(1)) Zone to add “Apartment-Hotel” to the list of permitted uses and to change the regulation that limits the maximum gross floor area devoted to dwelling units from 50% to 60%; it being pointed out that there were no oral submissions made at the public participation meeting held in connection with this matter. (2011-D11-06)
Motion Passed
Vote:
Yeas: J.F. Fontana B. Polhill W.J. Armstrong J.B. Swan J.L. Baechler N. Branscombe M. Brown P. Hubert D.G. Henderson P. Van Meerbergen D. Brown H.L. Usher J.P. Bryant S.E. White (14)
Motion Passed
23. Development and
Economic Plans in the Boler Mountain Area
Moved by Councillor B. Polhill
Approve that, on the recommendation of the Managing Director, Development Approvals Business Unit and the Manager, Parks Planning & Design, the following actions be taken with respect to the concept of the joint shared use of Boler Mountain and City open space lands: (a) the Civic Administration BE DIRECTED to explore the concept of joint shared use of Boler Mountain and City open space lands, SUBJECT TO: (i) any limitations set by environmental constraints; and, (ii) the establishment of a main access to the Boler Mountain from Wickerson Road; and, (b) the concept of joint shared use of Boler Mountain and City open space lands BE APPROVED, IN PRINCIPLE, subject to the completion of agreements between private land owners, as shown in the attached Appendix “A”; it being noted that the SWM servicing was for servicing for growth development within the Urban Growth boundary; and, it being also noted that the Built and Natural Environment Committee heard a verbal presentation from J. Kennedy, Boler Mountain, with respect to this matter. (2011-D14-08)
Motion Passed
Vote:
Yeas: J.F. Fontana B. Polhill W.J. Armstrong J.B. Swan J.L. Baechler N. Branscombe M. Brown P. Hubert D.G. Henderson P. Van Meerbergen D. Brown H.L. Usher J.P. Bryant S.E. White (14)
Motion Passed
24. Ontario Municipal
Board Appeal – 176127 Ontario Limited - 633 Commissioners Road West and Blocks 66 and 73, Plan 33M-119
Moved by Councillor B. Polhill
Approve that the Development Approvals Business Unit BE DIRECTED to process and circulate the revised application and provide advice to a future public participation meeting of the Planning and Environment Committee as it relates to the Ontario Municipal Board appeal by 176127 Ontario Limited relating to the properties located at 633 Commissioners Road West and Blocks 66 and 73, Plan 33M-119.
Motion Passed
Vote:
Yeas: J.F. Fontana B. Polhill W.J. Armstrong J.B. Swan J.L. Baechler N. Branscombe M. Brown P. Hubert D.G. Henderson P. Van Meerbergen D. Brown H.L. Usher J.P. Bryant S.E. White (14)
Motion Passed
25. 12th Report of
Environmental and Ecological Planning Advisory Committee
Moved by Councillor B. Polhill
Note that the Built and Natural Environment Committee reviewed and received the 12th Report of the Environmental and Ecological Planning Advisory Committee, from its meeting held on November 17, 2011. (See Report attached.)
Motion Passed
Vote:
Yeas: J.F. Fontana B. Polhill W.J. Armstrong J.B. Swan J.L. Baechler N. Branscombe M. Brown P. Hubert D.G. Henderson P. Van Meerbergen D. Brown H.L. Usher J.P. Bryant S.E. White (14)
Motion Passed
26. 5th Report of
Agricultural Advisory Committee
Moved by Councillor B. Pohill
Note that the Built and Natural Environment Committee reviewed and received clauses 2 to 5, inclusive, of the 5th Report of the Agricultural Advisory Committee, from its meeting held on November 16, 2011. (See Report attached.)
Motion Passed
Vote:
Yeas: J.F. Fontana B. Polhill W.J. Armstrong J.B. Swan J.L. Baechler N. Branscombe M. Brown P. Hubert D.G. Henderson P. Van Meerbergen D. Brown H.L. Usher J.P. Bryant S.E. White (14)
Motion Passed
27. Building Division
Monthly Report
Moved by Councillor B. Polhill
Note that the Built and Natural Environment Committee reviewed and received the revised monthly report from the Director of Building Controls and Chief Building Official relating to Building Activity and Inspector Workloads for October, 2011. (2011-D05-00)
Motion Passed
Vote:
Yeas: J.F. Fontana B. Polhill W.J. Armstrong J.B. Swan J.L. Baechler N. Branscombe M. Brown P. Hubert D.G. Henderson P. Van Meerbergen D. Brown H.L. Usher J.P. Bryant S.E. White (14)
Motion Passed
Moved by Councillor B. Polhill
Note that the Built and Natural Environment Committee reviewed and received clauses 7 to 19, inclusive, of the 12th Report of the London Advisory Committee on Heritage. (See Report attached.)
Motion Passed
Vote:
Yeas: J.F. Fontana B. Polhill W.J. Armstrong J.B. Swan J.L. Baechler N. Branscombe M. Brown P. Hubert D.G. Henderson P. Van Meerbergen D. Brown H.L. Usher J.P. Bryant S.E. White (14)
Motion Passed
29. Lighting – Your
Storage Team – 715 Fanshawe Park Road
Moved by Councillor B. Polhill
Note that the Built and Natural Environment Committee reviewed and received communications dated November 21, 2011 and November 28, 2011, respectively, from Councillor M. Brown and D. McKinnon, 71 Acorn Place, with respect to lighting concerns relating to the property located at 715 Fanshawe Park Road. (2011-M06-00)
Motion Passed
Vote:
Yeas: J.F. Fontana B. Polhill W.J. Armstrong J.B. Swan J.L. Baechler N. Branscombe M. Brown P. Hubert D.G. Henderson P. Van Meerbergen D. Brown H.L. Usher J.P. Bryant S.E. White (14)
Motion Passed
30. Confidential
Matters
Moved by Councillor B. Polhill
Note that the Built and Natural Environment Committee convened in camera from 5:05 p.m. to 5:37 p.m., after having passed a motion to do so, with respect to the following matters: C-1 A matter pertaining to advice that is subject to solicitor-client privilege, including communications necessary for that purpose, and advice with respect to potential litigation with respect to the Southeast Reservoir and Pumping Station. C-2 A matter pertaining to litigation or potential litigation, advice that is subject to solicitor-client privilege, including communications necessary for that purpose, and giving instructions and directions to the solicitors of the municipality in connection with the appeal of 1767127 Ontario Limited to the Ontario Municipal Board, including matters before administrative tribunals, affecting the municipality or local board relating to a refusal to approve a zoning by-law amendment and site plan. (See Confidential Appendix to the 29th Report of the Built and Natural Environment Committee enclosed for Members only.)
Motion Passed
Vote:
Yeas: J.F. Fontana B. Polhill W.J. Armstrong J.B. Swan J.L. Baechler N. Branscombe M. Brown P. Hubert D.G. Henderson P. Van Meerbergen D. Brown H.L. Usher J.P. Bryant S.E. White (14)
Motion Passed
IX. ENQUIRIES
X. EMERGENT
MOTIONS
XI. BY-LAWS
BY-LAWS TO BE READ A FIRST, SECOND AND THIRD TIME:
MOTION FOR IN CAMERA SESSION
Moved by Councillor D. Henderson
Approve that the appeal of Slawomir Bielawski from the Cab Priority List BE DENIED for the following reasons: (a) the appellant failed to meet the requirements of section 13.5 (a) of the Taxicab & Limousine Licensing By-law to maintain status on the Cab Priority List;
(b) it has been made clear that Mr. Bielawski has been driving limousine, is currently driving limousine and wants to continue to drive limousine; (c) Mr. Bielawski stated under his own signature (Exhibit #4 document dated October 27, 2010) that he is a limousine driver; and, (d) ample notice of the requirements to maintain status on the Cab Priority List was provided by the City.
Motion Passed
Moved by Councillor B. Polhill
Seconded by Councillor J.B. Swan,
Approve 1st Reading of Bill Nos. 18 and 19.
Motion Passed
Moved by Councillor W.J. Armstrong
Seconded by Councillor J.L. Baechler,
Approve 2nd Reading of Bill Nos. 18 and 19.
Motion Passed
Moved by Councillor B. Polhill
Seconded by Councillor J.B. Swan,
Approve 3rd Reading of Bill Nos. 18 and 19.
Motion Passed
XIII. ADJOURNMENT
Motion made by Councillor J.B. Swan and seconded by Councillor W.J. Armstrong to Adjourn. Motion Passed The meeting adjourned at 12:14 p.m.