August 28, 2012
Present:
J.F. Fontana, B. Polhill, W.J. Armstrong, J.B. Swan, S. Orser, J.L. Baechler, N. Branscombe, M. Brown, P. Hubert, D.G. Henderson, P. Van Meerbergen, H.L. Usher, J.P. Bryant, S.E. White, C. Saunders
Absent:
D. Brown
Also Present:
A. Zuidema, J. Barber, J. Braam, B. Coxhead, J.M. Fleming, E. Gamble, G. Hopcroft, G. Kotsifas, V. McAlea Major, L. Palarchio, J. Ramsay, M. Ribera, L.M. Rowe, 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. Councillor S. Orser
and Councillor D.G. Henderson - Emergent Motion - Procedures after a Failed Tax Sale - McCormick Property - 1156 Dundas Street
Moved by Councillor S. Orser
Seconded by Councillor P. Hubert
Approve that pursuant to section 17.4 of the Council Procedure By-law leave be given for the discussion and debate and the making of a substantive motion with respect to the procedures after a failed tax sale for the property located at 1156 Dundas Street.
Motion Passed
Vote:
Yeas: Nays: J.F. Fontana H.L. Usher (1) B. Polhill W.J. Armstrong J.B. Swan S. Orser J.L. Baechler N. Branscombe M. Brown P. Hubert D.G. Henderson P. Van Meerbergen J.P. Bryant S.E. White (13)
Motion Passed
Moved by Councillor S. Orser
Seconded by Councillor D.G. Henderson
Approve that the Civic Administration BE DIRECTED to expedite the Council approved procedures to be followed after a failed tax sale as it relates to the McCormick property known as 1156 Dundas Street and to communicate the urgency of this project to the consultants undertaking any work on behalf of the City of London with respect to this property.
Moved by Councillor J.L. Baechler
Seconded by Councillor N. Branscombe
Refer the proposed emergent motion back until the initial report currently being undertaken is considered.
Motion Failed
Vote:
Yeas: Nays: W.J. Armstrong J.F. Fontana J.L. Baechler B. Polhill N. Branscombe J.B. Swan M. Brown S. Orser P. Hubert D.G. Henderson H.L. Usher P. Van Meerbergen J.P. Bryant (7) S.E. White (7)
Motion Failed
The emergent motion is put. Motion Passed
Vote:
Yeas: Nays: J.F. Fontana W.J. Armstrong B. Polhill J.L. Baechler J.B. Swan N. Branscombe S. Orser M. Brown P. Hubert H.L. Usher D.G. Henderson J.P. Bryant (6) P. Van Meerbergen S.E. White (8)
Motion Passed
2. Master Servicing and 2014 Development
Charge Studies Consultant Appointment
II. DISCLOSURES
OF PECUNIARY INTEREST
Councillor J.B. Swan discloses a pecuniary interest in clause 2 of the 14th Report of the Investment and Economic Prosperity Committee and the associated Bill No. 337, having to do with an Agreement between the City of London and Donald Jones Management Services Inc., by indicating that his employer rents space at Centennial Hall.
Councillor N. Branscombe discloses a pecuniary interest in clause 4 of the 23rd Report of the Finance and Administrative Services Committee having to do with the South London Community Pool Filter Replacement Project Tender, by indicating that she has a financial relationship with the proponent, for her property.
Councillor M. Brown discloses a pecuniary interest in clause 4 of the 11th Report of the Community Services Committee and the associated Bill No. 339, having to do with an Agreement between the Thames Valley District School Board (TVDSB) and the City of London Joint for Use of Facilities, by indicating that the TVDSB is his employer.
Councillor D.G. Henderson discloses a pecuniary interest in clause 19 of the 21st Report of the Planning and Environment Committee having to do with OrgaWorld Canada Limited, on Willington Road South, by indicating that he has been contracted by ATL International and Phytoceuticals International to look at solving the problem of odours at the facility.
III. CONFIRMATION
AND SIGNING OF THE MINUTES OF THE FOURTEENTH MEETING HELD ON JULY 24 AND 25, 2012
Moved by Councillor P. Van Meerbergen
Seconded by Councillor B. Polhill
Approve the Minutes of the Fourteenth Meeting held on July 24 and 25, 2012.
Motion Passed
Vote:
Yeas: J.F. Fontana B. Polhill W.J. Armstrong J.B. Swan S. Orser J.L. Baechler N. Branscombe M. Brown P. Hubert D.G. Henderson P. Van Meerbergen H.L. Usher J.P. Bryant S.E. White (14)
Motion Passed
IV. REVIEW OF CONFIDENTIAL MATTERS TO BE CONSIDERED IN
PUBLIC
V. COMMUNICATIONS
AND PETITIONS
Moved by Councillor S.E. White
Seconded by Councillor H.L. Usher
Approve that pursuant to section 7.4 of the Council Procedure By-law, the order of business be changed to permit consideration of clause 19 of the 21st Report of the Planning and Environment Committee, at the beginning of the consideration of the 21st Report of the Planning and Environment Committee and consideration of clause 5 of the 11th Report of the Community Services Committee, at 6:30 PM.
Motion Passed
Vote:
Yeas: J.F. Fontana B. Polhill W.J. Armstrong J.B. Swan S. Orser J.L. Baechler N. Branscombe M. Brown P. Hubert P. Van Meerbergen H.L. Usher J.P. Bryant S.E. White (13) RECUSED: D.G. Henderson (1)
Motion Passed
Moved by Councillor P. Hubert and seconded by Councillor N. Branscombe
Approve that Council rise and convene as the Approval Authority at 5:21 PM pursuant to the provisions of the Expropriations Act, R.S.O. 1990, c. E. 26, as amended, for the purpose of considering Communication Nos. 1 and 2, from the Managing Director – Corporate Assets, dealing with the proposed expropriation of lands on the south side of Dingman Drive, east of Wonderland Road South.
Motion Passed
Vote:
Yeas: J.F. Fontana B. Polhill W.J. Armstrong J.B. Swan S. Orser J.L. Baechler N. Branscombe M. Brown P. Hubert D.G. Henderson P. Van Meerbergen H.L. Usher J.P. Bryant S.E. White (14)
Motion Passed
3. 4th Report of the
Services Review Committee
VI. MOTIONS OF WHICH NOTICE IS GIVEN
VII. ADDED
REPORTS
VIII. REPORTS
4. Role of the Ombudsman
5. London Hydro Inc.
Board of Directors Compensation
Moved by Councillor H.L. Usher
Seconded by Councillor S. Orser
Approve that the matter of compensation for the Board of Directors for London Hydro Inc. BE REFERRED back to the Board for further review
Motion Passed
Vote:
Yeas: Nays: J.F. Fontana J.L. Baechler B. Polhill N. Branscombe W.J. Armstrong P. Van Meerbergen J.B. Swan J.P. Bryant (4) S. Orser M. Brown P. Hubert D.G. Henderson H.L. Usher S.E. White (10)
Motion Passed
6. Resignation of
Tamara Nugent from the London Public Library Board Trustee as a
representative of the London and District Catholic School Board
7. Consideration of
Appointments to the Eldon House Board of Directors
8. Keep London Growing
Coalition - Maximizing Our Potential: Developing a Vision for Growth and Opportunity for London and Region
That the correspondence dated June 13, 2012 from Jim MacKinnon, Keep London Growing Coalition, BE RECEIVED AND BE REFERRED to the Civic Administration for consideration.
9. 2nd Report of the
Creative City Committee
That the 2nd Report of the Creative City Committee, from its meeting held on June 20, 2012, BE RECEIVED.
Motion Passed
Vote:
Yeas: J.F. Fontana B. Polhill W.J. Armstrong J.B. Swan S. Orser J.L. Baechler N. Branscombe M. Brown P. Hubert D.G. Henderson P. Van Meerbergen H.L. Usher J.P. Bryant S.E. White (14)
Motion Passed
19. Orgaworld Canada
Ltd. - Wellington Road South
Moved by Councillor B. Polhill
Approve that the following actions be taken with respect to Orgaworld Canada Ltd., located at 4675 Wellington Road South: a) the Civic Administration BE ASKED to report on the following at a public participation meeting to be held at a future meeting of the Planning and Environment Committee: i) provide comments related to the concerns identified in the attached communication, dated August 18, 2012, from the Shaver-Brockley Coalition; ii) provide information as to actions that the City is able to undertake to resolve this matter; iii) planning advice on the actions that the City is able to undertake to resolve this matter under the Planning Act; iv) the enforcement abilities that the City is able to undertake to resolve this matter; and, b) Orgaworld BE ASKED to provide an update of their activities to resolve the residents’ concerns; it being noted that the Planning and Environment Committee reviewed and received a communication, dated August 8, 2012, from Councillors H.L. Usher and S. White, with respect to this matter. (2012-P07-00)
Motion Passed
Vote:
Yeas: J.F. Fontana B. Polhill W.J. Armstrong J.B. Swan S. Orser J.L. Baechler N. Branscombe M. Brown P. Hubert P. Van Meerbergen H.L. Usher J.P. Bryant S.E. White (13)
Motion Passed
10. Transplanting Five
Trees that are Planted Around the Inside area of Cenotaph
Moved by Councillor M. Brown
Approve that the communication from J.B. Howie, London Remembrance Day Planning Committee, with respect to a request to transplant trees from the Cenotaph area, BE REFERRED to the Civic Administration to review, and to report back to the Community Services Committee as to the feasibility of the request. (2012-M09-00)
Motion Passed
Vote:
Yeas: J.F. Fontana B. Polhill W.J. Armstrong J.B. Swan S. Orser J.L. Baechler N. Branscombe M. Brown P. Hubert D.G. Henderson P. Van Meerbergen H.L. Usher J.P. Bryant S.E. White (14)
Motion Passed
11. Properties Located
at 311 & 319 Wharncliffe Road North
That, on the recommendation of the Manager, Development Planning, the following actions be taken with respect to the site plan approval application by London Property Corp, relating to the properties located at 311 – 319 Wharncliffe Road North: a) the Approval Authority BE ADVISED that there were no issues raised at the public participation meeting of the Planning and Environment Committee with respect to the application for Site Plan approval to permit a four storey apartment building; b) the Approval Authority BE ADVISED that the Municipal Council supports the approval of the attached site plan and elevations; and, c) the “Claims and Revenues Report”, provided as Schedule “B” to the associated staff report, dated August 20, 2012 BE APPROVED; it being pointed out that there were no oral submissions made at the public participation meeting held in connection with this matter. (2012-D11-05)
12. Zoning By-law
Amendments to Implement Commercial Policy Changes Arising from 2006 Official Plan Review
That, on the recommendation of the Director, Land Use Planning and City Planner, the attached proposed by-law BE INTRODUCED at the Municipal Council meeting to be held on August 28, 2012, to amend Zoning By-law No. Z.-1, (in conformity with the Official Plan), to delete Sections 21.1 (Regional Shopping Area), 22.1 (Community Shopping Area), 23.1 (Neighbourhood Shopping Area), 24.1 (Associated Shopping Area Commercial), 25.1 (Business District Commercial), 26.1 (Arterial Commercial), 27.1 (Highway Service Commercial) and 28.1 (Restricted Service Commercial) and to replace these sections to identify the Official Plan designations that are implemented by the Zones and the purpose and intent of the zones; it being pointed out that at the public participation meeting associated with this matter, the following individuals made oral submissions in connection therewith: - Ali Soufan, York Developments – requesting that the land that York Developments owns in the Southwest Area Plan area be used as a test area for this project. - Jim Kennedy, London Development Institute – expressing appreciation to the Civic Administration for bringing the zoning in line with the Official Plan; advising that this will bring the existing Zoning By-law into conformity with OPA 438; advising that this recommendation does not implement the Urban Design Guidelines; and indicating that the Civic Administration is not close to implementing OPA 438. (2012-G05-00)
13. Access Management
Guidelines and Transportation Impact Assessment Guidelines - Official Plan Amendment
Moved by Councillor B. Polhill
Approve that, on the recommendation of the Director, Land Use Planning and City Planner, the following actions be taken with respect to the application of the City of London to adopt City of London Access Management Guidelines and Transportation Impact Assessment Guidelines as Guideline Documents, pursuant to Section 19.2.2 of the Official Plan: a) the “Access Management Guidelines” and the “Transportation Impact Assessment Guidelines”, provided as Appendices ‘1’ and ‘2’, respectively, to the associated staff report, dated August 20, 2012, BE ADOPTED as Guideline Documents pursuant to Section 19.2.2 of the Official Plan; and, b) the attached proposed by-law BE INTRODUCED at the Municipal Council meeting to be held on August 28, 2012 to amend the Official Plan to add the above-noted Guidelines to the list of Council approved Guideline Documents in Section 19.2.2 ii) of the Official Plan; it being pointed out that there were no oral submissions made at the public participation meeting held in connection with this matter. (2012-D11-09/02)
14. Residential
Intensification Policies
That, notwithstanding 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 Section 3.2.3.1. “Residential Intensification Definition” and Section 3.2.3.5. “Public Site Plan Review and Urban Design policies” of the Official Plan, BE REFERRED back to the Civic Administration for further clarification; and, 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 Official Plan amendments, as the proposed amendments are minor; it being pointed out that at the public participation meeting associated with this matter, the following individuals made oral submissions in connection therewith: - M. Doornbosch, Zelinka Priamo Ltd., representing several clients – indicating that, in the Civic Administration’s recommendation, there are beneficial changes proposed to the Official Plan; questioning the requirement for the site plan approval process; advising that some of the paragraphs in the report seem to contradict each other; and advising that, in the past applicants didn’t need site plan approval, they just applied for a building permit. - R. Zelinka, Zelinka Priamo Ltd., on behalf of the London Area Planning Consultants (LAPC) – expressing appreciation to the Planning Department for their meaningful discussions; advising that the LAPC has concerns with the staff report; indicating that the Official Plan policies are a deterrent to intensification; advising that the policy changes provide more discretion and allow for a shorter process; noting that the LAPC will need to see how this is implemented; indicating that LAPC has asked that where development conforms to zoning, they not go through a public site plan process; noting that the Civic Administration’s response to this request is in-line; advising that existing policies force new development into a specific area; indicating that, through Re-Think London as coordinated by the Planning Department, change in character is encouraged; noting that compatibility is not to be seen as sameness; indicating that in the Civic Administration’s report, the Residential Intensification Policies are open to further review; indicating that this review is intended to deal with a narrow scope; noting that further review is necessary and indicating that he would be pleased to participate in the review process. - J. Kennedy, London Development Institute and London Home Builders Association (LHBA) – advising that this review relates more to the LHBA than to developers; requesting clarification on a number of items as the wording is still not clear; noting that on page 171, there may be possible site plan control by-law changes and there may be some staff discretion; advising that the devil is in the details and that there may be further wording revisions necessary. - A. Kaplansky, KAP HOLDINGS INC. – indicating that he has been a developer in London for 27 years; advising that he has learned from the Planning Department, that when they ask for clarification it makes things worse; reading “Purpose of this Amendment” on page 182 of the Planning and Environment Committee Agenda; advising that the Civic Administration is making infill worse; advising that if he wants to sever a lot, he needs to get Committee of Adjustment approval; indicating that contemporary architects cannot work in London; enquiring as to whether you are allowing intensification when you put in more restrictions; realizing that it is important to allow infill in London; advising that the Planning Department is using the Provincial Policy Statement to eliminate and control infill; and noting the previous decision PEC made with respect to his properties located at 186-188 Huron Street and 2 Audrey Avenue, relating to infill. (2012-D11-02)
15. Property Located at
230 Adelaide Street North
That, on the recommendation of the Director, Land Use Planning and City Planner, based on the application of relating to the property located at 230 Adelaide Street North, the attached proposed by-law BE INTRODUCED at the Municipal Council meeting to be held on August 28, 2012 to amend Zoning By-law No. Z.-1, (in conformity with the Official Plan), to change the zoning of a portion of the subject property FROM a Light Industrial (LI2) Zone, which permits uses such as business service establishments, laboratories, manufacturing and assembly industries, offices, support, paper and allied products industries excluding pulp and paper and asphalt roofing industries, pharmaceutical and medical product industries, research and development establishments, warehouse establishments, wholesale establishments, repair and rental establishments, service and repair establishments, service trades TO a Light Industrial Special Provision (LI3( )) Zone, which will exclusively permit an accessory parking lot for the Commercial Recreational Establishment use for the property located at 295 Rectory Street; it being pointed out that there were no oral submissions made at the public participation meeting held in connection with this matter. (2012-D11-05)
16. Building By-law
Amendment
That on the recommendation of the Director, Development and Compliance and Chief Building Official, the attached proposed by-law BE INTRODUCED at the Municipal Council meeting to be held on August 28, 2012 to provide for construction, demolition, change of use, occupancy permits transfer of permits and inspections, and to repeal By-law B-5 and all of its amendments; it being pointed out that there were no oral submissions made at the public participation meeting held in connection with this matter. (2012-G05-00)
17. Forest City
Industrial Stormwater Management Facility and Westminster Wetland Complex
That, on the recommendation of the Managing Director, Engineering and City Engineer, the additional water resources and ecological monitoring and investigation for the Forest City Industrial Stormwater Management Facility and Westminster Wetland Complex BE DEFERRED and incorporated as part of the analysis of the Dingman Creek Subwatershed Study Update to the Water Resources Component; it being noted that the Planning and Environment Committee received the attached presentation and received a communication, dated July 26, 2012, from James R. Keron, with respect to this matter. (2012-W10-00)
Motion Passed
Vote:
Yeas: Nays: J.F. Fontana J.P. Bryant (1) B. Polhill W.J. Armstrong J.B. Swan S. Orser J.L. Baechler N. Branscombe M. Brown P. Hubert D.G. Henderson P. Van Meerbergen H.L. Usher S.E. White (13)
Motion Passed
18. Properties Located
at 1697 Hamilton Road, 1742 Hamilton Road and 1990 Commissioners Road East
Moved by Councillor B. Polhill
Approve that, notwithstanding the recommendation of the Director, Development & Compliance Division and Chief Building Official, the outstanding matters of the Thames Village Joint Venture Corporation relating to the Old Victoria Stormwater Management Facility No. 1, BE REFERRED back to the Civic Administration, for further consideration of the following: a) additional consultation with Don DeJong and Paul Hinde, Thames Village Joint Venture, to try to resolve the concerns outlined in their attached presentation; b) project financing to accommodate the Thames Valley Joint Venture proposal; c) project completion in a timely manner; and, d) a review of the requirements for this project in relation to other projects in the City; it being noted that the Planning and Environment Committee heard verbal presentations and received a communication, dated August 14, 2012 from D. de Jong, and P. Hinde, Thames Village Joint Venture, with respect to this matter. (2012-W10-02)
Motion Passed
Vote:
Yeas: Nays: J.F. Fontana J.L. Baechler B. Polhill N. Branscombe W.J. Armstrong M. Brown J.B. Swan P. Hubert S. Orser J.P. Bryant (5) D.G. Henderson P. Van Meerbergen H.L. Usher S.E. White (9)
Motion Passed
20. Property Located at
1255 Brydges Street
Moved by Councillor B. Polhill
Approve that the delegation request from Mark Simmons, Rags-2-Riches, with respect to the property located at 1255 Brydges Street BE REFERRED to the Civic Administration to follow-up with Mr. M. Simmons. (2012-D11-07)
Motion Passed
Vote:
Yeas: J.F. Fontana B. Polhill J.B. Swan S. Orser J.L. Baechler N. Branscombe M. Brown D.G. Henderson P. Van Meerbergen H.L. Usher J.P. Bryant S.E. White (12)
Motion Passed
IX. DEFERRED MATTERS
X. ENQUIRIES
XI. EMERGENT MOTIONS
XII. BY-LAWS
Moved by Councillor B. Polhill
Seconded by Councillor P. Van Meerbergen
Approve 1st Reading of Bill No. 337.
Motion Passed
Vote:
Yeas: J.F. Fontana B. Polhill W.J. 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: J.B. Swan (1)
Motion Passed
Moved by Councillor B. Polhill
Seconded by Councillor S.E. White
Approve 2nd Reading of Bill No. 337.
Motion Passed
Vote:
Yeas: J.F. Fontana B. Polhill W.J. 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: J.B. Swan (1)
Motion Passed
Moved by Councillor B. Polhill
Seconded by Councillor H.L. Usher
Approve 3rd Reading of Bill No. 337.
Motion Passed
Vote:
Yeas: J.F. Fontana B. Polhill W.J. 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: J.B. Swan (1)
Motion Passed
Moved by Councillor B. Polhill
Seconded by Councillor P. Van Meerbergen
Approve 1st Reading of Bill No. 339.
Motion Passed
Vote:
Yeas: J.F. Fontana B. Polhill W.J. Armstrong J.B. Swan S. Orser J.L. Baechler N. Branscombe P. Hubert D.G. Henderson P. Van Meerbergen H.L. Usher J.P. Bryant S.E. White (13) RECUSED: M. Brown (1)
Motion Passed
Moved by Councillor B. Polhill
Seconded by Councillor P. Van Meerbergen
Approve 2nd Reading of Bill No. 339.
Motion Passed
Vote:
Yeas: J.F. Fontana B. Polhill W.J. Armstrong J.B. Swan S. Orser J.L. Baechler N. Branscombe P. Hubert D.G. Henderson P. Van Meerbergen H.L. Usher J.P. Bryant S.E. White (13) RECUSED: M. Brown (1)
Motion Passed
Moved by Councillor P. Van Meerbergen
Seconded by Councillor H.L. Usher
Approve 3rd Reading of Bill No. 339.
Motion Passed
Vote:
Yeas: J.F. Fontana B. Polhill W.J. Armstrong J.B. Swan S. Orser J.L. Baechler N. Branscombe P. Hubert D.G. Henderson P. Van Meerbergen H.L. Usher J.P. Bryant S.E. White (13) RECUSED: M. Brown (1)
Motion Passed
Moved by Councillor B. Polhill
Seconded by Councillor P. Hubert
Approve 1st Reading of all by-laws, including added by-laws, excluding Bill Nos. 337 and 339.
Motion Passed
Vote:
Yeas: J.F. Fontana B. Polhill W.J. Armstrong J.B. Swan S. Orser J.L. Baechler N. Branscombe M. Brown P. Hubert D.G. Henderson P. Van Meerbergen H.L. Usher J.P. Bryant S.E. White (14)
Motion Passed
Moved by Councillor B. Polhill
Seconded by Councillor H.L. Usher
Approve 2nd Reading of all by-laws, including added by-laws, excluding Bill Nos. 337 and 339.
Motion Passed
Vote:
Yeas: J.F. Fontana B. Polhill W.J. Armstrong J.B. Swan S. Orser J.L. Baechler N. Branscombe M. Brown P. Hubert D.G. Henderson P. Van Meerbergen H.L. Usher J.P. Bryant S.E. White (14)
Motion Passed
Moved by Councillor B. Polhill
Seconded by Councillor H.L. Usher
Approve 3rd Reading of all by-laws, including added by-laws, excluding Bill Nos. 337 and 339.
Motion Passed
Vote:
Yeas: J.F. Fontana B. Polhill W.J. Armstrong J.B. Swan S. Orser J.L. Baechler N. Branscombe M. Brown P. Hubert D.G. Henderson P. Van Meerbergen H.L. Usher J.P. Bryant S.E. White (14) The following by-laws are passed enacted as by-laws of The Corporation of the City of London:
Motion Passed