January 29, 2013

Original link

The Council meets in Regular Session in the Council Chambers this day at 4:00 p.m.

I.   DISCLOSURES

OF PECUNIARY INTEREST

Councillor P. Hubert discloses a pecuniary interest in clause 12 of the 3rd Report of the Community and Protective Services Committee having to do with two pilot Ontario Works employment initiatives, by indicating that he is the Executive Director of a social service agency with a purchase of service agreement with Ontario Works.   Councillor M. Brown discloses a pecuniary interest in clause 13 of the 3rd Report of the Community and Protective Services Committee and the related Bill No. 75, having to do with a funding and project agreement with Thames Valley District School Board regarding the construction of a neighbourhood and family centre at White Oaks Public School, by indicating that Thames Valley District School Board is his employer.

Councillor J.P. Bryant discloses a pecuniary interest in clause 12 of the 4th Report of the Civic Works Committee and the related Bill No. 79, having to do with an agreement with the University of Western Ontario for the construction of the Southern Ontario Water Consortium – London Wastewater Facility, by indicating that her spouse is a faculty member at the University of Western Ontario.   Councillor N. Branscombe discloses a pecuniary interest in clause 4 of the 3rd Report of the Corporate Services Committee and related Bill No. 72, having to do with the Skyway Industrial Park, by indicating that her spouse owns and operates a business in close proximity to the Skyway Industrial Park.

II.   REVIEW OF

CONFIDENTIAL MATTERS TO BE CONSIDERED IN PUBLIC

III.   ADDED

REPORTS

IV.   COMMITTEE

OF THE WHOLE, IN CAMERA

V.   RECOGNITIONS

1.   Disclosures of

Pecuniary Interest

That it BE NOTED that Councillor J.B. Swan disclosed a pecuniary interest in those matters related to Orchestra London and the use of Centennial Hall as Orchestra London is his employer and receives funding from the City of London.

2.   2013 Budget -

Public Participation Meeting

That the following presentations BE RECEIVED:

Moved by Councillor B. Polhill

Seconded by Councillor D. Brown that, as a procedural matter pursuant

Section 239 (6) of the Municipal Act, 2001, the following recommendation be forwarded to City Council for deliberation and a vote in public session:   1.            That, on the recommendation of the Manager of Realty Services, with the concurrence of the Director of Corporate Investments and Partnerships, with respect to the acquisition of the properties located at 2555 and 2591 Bradley Avenue, the following actions be taken:   a)    the offer submitted by 1058551 Ontario Limited (the “Vendor”) to sell to the City land municipally known as 2555 Bradley Avenue (Property 1), located on the south side of Bradley Avenue, further described as Concession 2, north Part Lot 3, Part of Reference Plan 33R-5266, PIN No. 08189-0025, containing an area of approximately 5.66 acres, for the purpose of the development of a future industrial park, for the sum of $1,600,000, BE ACCEPTED subject to the following conditions:   i)          the City having 120 days from the date of acceptance to carry out geotechnical, soil and environmental tests, satisfactory to the City;   ii)         the City agreeing to the assignment of the current lease for a term of three (3) years with provision to terminate the lease early, if required for municipal purposes such as redevelopment for industrial;   iii)         the City completing the purchase of the property located at 2591Bradley Avenue;   iv)        the City obtaining a zoning change in order to use the lands for industrial development;               b)         the offer submitted by 1058551 Ontario Limited (the “Vendor”) to sell to the City land municipally known as 2591 Bradley Avenue (Property 2),  located on the south side of Bradley Avenue, further described as Concession 2, north Part Lot 3, PIN No. 08197-0023 (LT) and 08197-0024 (LT), containing an area of approximately 81.45 acres, for the purpose of the development of a future industrial park, for the sum of $4,150,000 BE ACCEPTED subject to the following conditions:   i)              the City having 120 days from the date of acceptance to carry out geotechnical, soil and environmental tests, satisfactory to the City;   ii)             the City agreeing to lease back to the Vendor the residence located on the property for a term of one (1) year;   iii)            the City agreeing to permit the Vendor to harvest the existing agricultural crop prior to December 31, 2013;   iv)           the City recognizing the Vendor’s historical connection to the property in an appropriate manner;   v)            the City completing the purchase of the property located at 2555 Bradley Avenue;   vi)           the City obtaining a zone change in order to use the property for industrial development;   c)         the Sources of Financing BE APPROVED as detailed in Appendix “A” of the associated staff report dated January 22, 2013.

Motion Passed

Motion Passed

VI.   CONFIRMATION

AND SIGNING OF THE MINUTES OF THE SECOND MEETING HELD ON JANUARY 15, 2013

Moved by Councillor P. Hubert

Seconded by Councillor J.P. Bryant

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 15, 2013, related to the adoption of clause 14 of the 2nd Report of the Corporate Services Committee, concerning the Covent Garden Market’s request to increase the draw down on its reserve to replace the existing lighting in the underground parking at the Covent Garden Market BE RECONSIDERED.

Motion Passed

Motion Passed

Moved by Councillor P. Van Meerbergen

Seconded by Councillor D. Brown

Approve Minutes of the 2nd Meeting, as amended, held on January 15, 2013.

Motion Passed

Motion Passed

VII.   COMMUNICATIONS

AND PETITIONS

Moved by Councillor B. Polhill

Seconded by Councillor N. Branscombe

Approve referral of the following communications for consideration with the clauses noted:

VIII.   MOTIONS OF

WHICH NOTICE IS GIVEN

IX.   REPORTS

Moved by Councillor D. Brown

Approve clauses 1 to 13, inclusive.

3.   1st Report of the Advisory Committee on the

Environment

That the 1st Report of the Advisory Committee on the Environment from its meeting held on January 9, 2013, BE WITHDRAWN as it was included on the Civic Works Committee Agenda at its meeting held on Monday, January 21, 2013.

4.   Properties located at 8 Fairview Court and

770 Whetter Avenue - Notice of Appeal to the Ontario Municipal Board (OZ-8055)

That, on the recommendation of the Managing Director, Planning and City Planner, in response to the letter of appeal to the Ontario Municipal Board, dated December 3, 2012 and submitted by Robert and Carolann Seguin, relating to Zoning By-law amendments (File No. OZ-8055) concerning 8 Fairview Court and 770 Whetter Avenue, the Ontario Municipal Board BE ADVISED that the Municipal Council has reviewed its decision relating to this matter and sees no reason to alter it.

5.   Property located at 260 Sarnia Road -

Notice of Appeal to the Ontario Municipal Board (Z-8075)

That, on the recommendation of the Managing Director, Planning and City Planner, in response to the letter of appeal to the Ontario Municipal Board, dated November 2, 2012 and submitted by Alan Patton, Patton, Cormier & Associates, relating to the refusal by the Municipal Council of an application for a Zoning By-law amendment concerning 260 Sarnia Road, the Ontario Municipal Board BE ADVISED that the Municipal Council has reviewed its decision relating to this matter and sees no reason to alter it.

That, on the recommendation of the Managing Director, Planning and City Planner, the report, dated January 22, 2013, relating to the status update on the Million Tree Challenge, BE RECEIVED.

6.   Southwest Area Secondary Plan - Notice of

Appeal to the Ontario Municipal Board (O-7609)

That, on the recommendation of the Managing Director, Planning and City Planner, in response to letters of appeal, as referenced in the Civic Administration’s report, dated January 22, 2013, to the Ontario Municipal Board, relating to By-law No. C.P.-1284-(st)-331 to approve Official Plan Amendment 541, the Southwest Area Secondary Plan, the following actions be taken:   a)         the Ontario Municipal Board BE REQUESTED to amend Sections 20.5.3.3 ii), 20.5.9.1 ii), and 20.5.10.1ii) to delete the last sentence “Drive-through commercial uses shall not be permitted.” from these policies;   b)         the City Solicitor’s Office BE REQUESTED to retain a land use planner and to retain Hermann J. Kircher, Land Use and Retail Economist to provide evidence in support of Municipal Council’s approval of the “Wonderland Road Community Enterprise Corridor” land use designation and related policies; and,   c)         the Ontario Municipal Board BE ADVISED that the Municipal Council has reviewed its decision relating to this matter and sees no reason to alter it. (2013-D09)

Motion to Approve part a) of clause 6 is put.

Motion Passed

Motion Passed

Motion to Approve parts b) and c) of clause 6 is put.

Motion Passed

Motion Passed

7.   Supply and Installation of Sewer Liners -

Cured In Place Pipe (CIPP) (Tender 13-03)

That, on the recommendation of the Managing Director, Environmental & Engineering Services & City Engineer, the following actions be taken with respect to the Supply and Installation of Sewer Liners - Cured in Place Pipe (CIPP) Tender 13-03:   a)         the bid submitted by Insituform Technologies Limited, 3 Burford Road, Hamilton, ON  L8C 3C6 at their tendered price of $2,506,395.00 HST extra, with an option to renew for one (1) additional year, BE ACCEPTED; it being noted that the bid submitted by Insituform Technologies Limited was the lowest of two (2) bids and meets the City’s specifications and requirements in all areas;   b)         the funding for this purchase BE APPROVED as set out in the Source of Finance Report appended to the staff report dated January 21, 2013;   c)         the Civic Administration BE AUTHORIZED to undertake all of the administrative acts that are necessary in connection with this contract; and,   d)         the approval hereby given BE CONDITIONAL upon the Corporation entering into formal contract or issuing purchase orders or contract record relating to these matters of this approval.

8.   Property located at

642 Princess Avenue - Notice of Appeal to the Ontario Municipal Board (A.094/12)

That, on the recommendation of the Managing Director, Development & Compliance Services & Chief Building Official, the following actions be taken in response to the letter of appeal to the Ontario Municipal Board, dated October 1, 2012 and submitted by Biagio E. Iaboni, relating to the minor variance application concerning the property located at 642 Princess Avenue:   a)         the Ontario Municipal Board BE ADVISED that the Municipal Council supports the Civic Administration’s recommendation to support the requested variance pursuant to the provisions under Section 45(2) of the Planning Act; and,   b)         the City Solicitor and the Managing Director, Planning & City Planner, BE DIRECTED to provide legal and planning representation at the Ontario Municipal Board Hearing to support the Municipal Council’s decision.

Moved by Councillor P. Hubert

Seconded by Councillor S.E. White

Amend in part b) of clause 8, by deleting the words “Managing Director, Planning and City Planner” and by replacing them with the words “Managing Director, Development & Compliance Services & Chief Building Official”.

Motion Passed

Motion Passed

Motion to Approve clause 8, as amended, is put.

Motion Passed

Motion Passed

9.   Property located at 1647 Fanshawe Park Road

East - Ontario Municipal Board Decision (39T-10503/Z-7785)

That, on the recommendation of the Senior Planner, Development Services, the report, dated January 22, 2013, relating to the Ontario Municipal Board decision with respect to the Zoning By-law No. Z.-1 and Draft Plan of Subdivision appeal by Alan Patton, Patton, Cormier & Associates, on behalf of 756949 Ontario Limited, c/o Global Vision Investments, concerning the property located at 1647 Fanshawe Park Road East, BE RECEIVED.

10.   Property located at 124 St. James Street -

Notice of Appeal to the Ontario Municipal Board (A.106/12)

That, on the recommendation of the Managing Director, Development & Compliance Services & Chief Building Official, the following actions be taken in response to the letter of appeal to the Ontario Municipal Board, dated November 16, 2012 and submitted by Alasdair Beaton, relating to the minor variance application concerning 124 St. James Street:   a)         the Ontario Municipal Board BE ADVISED that the Municipal Council supports the Committee of Adjustment’s decision to grant the minor variance; and,   b)            the City Solicitor and the Managing Director, Development & Compliance Services & Chief Building Official, BE DIRECTED to provide legal and planning representation at the Ontario Municipal Board Hearing to support the Committee of Adjustment’s decision.

11.   Property located at

19 Woodgate Court - Notice of Appeal to the Ontario Municipal Board (A.101/12)

That, on the recommendation of the Managing Director, Development & Compliance Services & Chief Building Official, the following actions be taken in response to the letter of appeal to the Ontario Municipal Board, dated October 29, 2012 and submitted by Georgina Ann Wolfe Zaifman, relating to the minor variance application concerning 19 Woodgate Place:   a)         the Ontario Municipal Board BE ADVISED that the Municipal Council supports the Committee of Adjustment’s decision to refuse the minor variance; and,   b)         the City Solicitor and the Managing Director, Development & Compliance Services & Chief Building Official, BE DIRECTED to provide legal and planning representation at the Ontario Municipal Board Hearing to support the Committee of Adjustment’s decision.

Moved by Councillor B. Polhill

Seconded by Councillor S. Orser

Amend in clause 11, the last line of the first paragraph, by deleting the word “Place” and by replacing it with the word “Court”.

Motion Passed

Motion Passed

Motion to Approve clause 11, as amended, is put.

Motion Passed

Motion Passed

Moved by Councillor P. Hubert

Approve clauses 1 and 2

12.   Property located at 65 Heather Place -

Notice of Appeal to the Ontario Municipal Board (A.108/12)

That, on the recommendation of the Managing Director, Development & Compliance Services & Chief Building Official, the following actions be taken in response to the letter of appeal to the Ontario Municipal Board, dated November 13, 2012 and submitted by Lisa O’Brien, relating to the minor variance application concerning 65 Heather Place:   a)         the Ontario Municipal Board BE ADVISED that the Municipal Council supports the Committee of Adjustment’s decision to refuse the minor variance; and,   b)         the City Solicitor and the Managing Director, Development & Compliance Services & Chief Building Official, BE DIRECTED to provide legal and planning representation at the Ontario Municipal Board Hearing to support the Committee of Adjustment’s decision.

13.   Property located at 1451 Wharncliffe Road

South - Andover Trails Phase 4 (39T-07510)

That, on the recommendation of the Senior Planner, Development Services, based on the Draft Plan of Subdivision application of Sifton Properties Limited, relating to the property located at 1451 Wharncliffe Road South, the Approval Authority BE ADVISED that the Municipal Council supports granting a one (1) year extension of the draft plan of subdivision, submitted by Sifton Properties Limited (File No. 39-07510), prepared by Stantec Consulting Limited, certified by Robert D. Stirling, (Ontario Land Surveyor), (Drawing No. 614-02109, dated September 17, 2007), as red-line amended, which shows 2 multi-family medium density residential blocks, 2 multi-family high density residential blocks, 2 restricted service commercial blocks and 2 park blocks, served by a secondary collector road SUBJECT TO the conditions imposed by the Municipal Council at its meeting held on January 10, 2012.

14.   Property located at 160 Sunningdale Road

West Ltd. - Tricar Subdivision (Phase 1) (39T-11504)

That, on the recommendation of the Senior Planner, Development Services, the following actions be taken with respect to entering into a subdivision agreement between The Corporation of the City of London and 160 Sunningdale Road West Ltd. for the subdivisions of land over Part of Lot 41, Registrar’s Compiled Plan 1029, (Geographic Township of London), City of London, County of Middlesex, situated on the south side of Sunningdale Road West, on the west side of Richmond Street and Meadowlands Way:                      a)            the attached Special Provisions to be contained in a Subdivision Agreement between The Corporation of the City of London and 160 Sunningdale Road West Ltd for the Tricar Subdivision, Phase 1 (39T-11504), BE APPROVED;   b)         the Mayor and the City Clerk BE AUTHORIZED to execute the Agreement referred to in part a), above, any amending agreements and all documents required to fulfill its conditions; and,   c)         the financing for this project BE APPROVED in accordance with the “Related Costs and Revenues” provided as Schedule “B” to the associated staff report, dated January 22, 2013.

15.   Building Division Monthly Report for

November 2012

That the Building Division Monthly Report for the month of November, 2012 BE RECEIVED.

16.   2nd Report of the London Advisory Committee

on Heritage

That, the following actions be taken with respect to the 2nd Report of the London Advisory Committee on Heritage (LACH) from its meeting held on January 9, 2013:   a)         the London Advisory Committee on Heritage recommendation with respect to the establishment of a City/County Archive, BE RECEIVED; it being noted that the Planning and Environment Committee received a Municipal Council resolution adopted at its meeting held on July 25, 2011, with respect to this matter;   b)         the request to undertake a review of the existing Archaeological Master Plan BE REFERRED to the Civic Administration for possible inclusion in the 2014 Budget;   c)         the Heritage Alteration Permit Application of J. Regehr and R. Kaplansky, for the property located at 591 Maitland Street BE DEFERRED to the February 5, 2013 Planning and Environment Committee meeting to allow the parties to meet and to allow delegation status for the applicants, the Woodfield Community Association and the Civic Administration, with respect to this matter;   d)         that Parks Planning, in conjunction with the MHBC Consultants, BE REQUESTED to consider the use of the name “Queen Elizabeth Memorial Park” at the Western Counties-Westminster Ponds site, to honour the veterans who received rehabilitation there; it being noted that this initiative may assist in obtaining funds from the other levels of government;   e)         the Managing Director, Corporate Services and City Treasurer, Chief Financial Officer BE REQUESTED to investigate recent changes to Ontario Regulation 586/06 (Local Improvement Charges) to determine whether these changes would allow owners of designated heritage properties to carry out works related to the conservation of their heritage properties or, more specifically, works related to encouraging energy efficiency measures for older homes and to report back to the February 5, 2013 Corporate Services Committee meeting; and,   f)         that clauses 6 to 14, inclusive, of the 2nd Report of the LACH, BE RECEIVED AND NOTED;   it being noted that the Planning and Environment Committee heard a verbal presentation from G. Goodlet, Chair, LACH, with respect to these matters.

17.   Properties located at 3841 Cheese Factory

Road and 1605 Max Brose Drive (OZ-8126)

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 at 3841 Cheese Factory Road and 1605 Max Brose Drive:   a)         the attached proposed by-law BE INTRODUCED at the Municipal Council meeting to be held on January 29, 2013 to amend the Official Plan to:   i)          amend Schedule “A” Land Use to change the designation of 3841 Cheese Factory Road FROM Light Industrial TO Open Space, to allow for passive recreational uses including woodlands; and,   ii)         amend Schedule B-1 – “Natural Heritage Features”, to ADD “Woodlands” to 3841 Cheese Factory Road;   b)         the attached proposed by-law BE INTRODUCED at the Municipal Council meeting to be held on January 29, 2013 to amend Zoning By-law No. Z.-1, (in conformity with the Official Plan, as amended in part a), above), to:   i)          change the zoning of 3841 Cheese Factory Road FROM a Light Industrial (LI1/LI2/LI6) Zone, which permits manufacturing uses TO an Open Space (OS5) Zone, to allow for passive recreational uses including woodlands; and,   ii)         change the zoning of 1605 Max Brose Drive FROM a Light Industrial (LI2/LI2/LI6) Zone, which permits manufacturing uses TO a Light Industrial Special Provision (LI1()/LI2()/LI6(_)) Zone, which permits manufacturing uses and requires a minimum landscaped setback from the easterly property line of 10m;   it being pointed out that there were no oral submissions made at the public  participation meeting associated with this matter. (2013-D14A)

18.   Properties located at 1400 and 1440 North

Wenige Drive (39CD-12514)

Motion Passed

Motion Passed

Moved by Councillor B. Polhill

Seconded by Councillor S.E. White

Approve that pursuant to section 13.7 of the Council Procedure By-law, the actions of the Municipal Council taken at its meeting of July 24 and 25, 2012, related to the adoption of clause 8 of the 19th Report of the Planning and Environment Committee, concerning properties located within the Wonderland Road North/Fanshawe Park Road West Neighbourhood Commercial Node and 1761 Wonderland Road North BE RECONSIDERED.

Motion Passed

Motion Passed

Motion to Approve clause 19 is put.

19.   Properties located at Wonderland Road

North/Fanshawe Park Road West Neighbourhood Commercial Node and 1761 Wonderland Road North (O-8131)

Motion Passed

Motion Passed

X.   DEFERRED

MATTERS

XI.   ENQUIRIES

XII.   EMERGENT

MOTIONS

XIII.   BY-LAWS

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

Moved by Councillor B. Polhill

Seconded by Councillor P. Van Meerbergen

Approve 1st reading of Bill No.s 71, 73, 75 to 78, inclusive and 80 to 94, inclusive.

Motion Passed

Motion Passed

Moved by Councillor B. Polhill

Seconded by Councillor J.P. Bryant

Approve 2nd reading of Bill No.s 71, 73, 75 to 78, inclusive and 80 to 94, inclusive.

Motion Passed

Motion Passed

Moved by Councillor B. Polhill

Seconded by Councillor D. Brown

Approve 3rd reading of Bill No.s 71, 73, 75 to 78, inclusive and 80 to 94, inclusive.

Motion Passed

Motion Passed

Moved by Councillor B. Polhill

Seconded by Councillor H.L. Usher

Approve 1st reading of Bill No. 72.

Motion Passed

Motion Passed

Moved by Councillor D. Brown

Seconded by Councillor S. Orser

Approve 2nd reading of Bill No. 72.

Motion Passed

Motion Passed

Moved by Councillor B. Polhill

Seconded by Councillor M. Brown

Approve 3rd reading of Bill No. 72.

Motion Passed

Motion Passed

Moved by Councillor B. Polhill

Seconded by Councillor H.L. Usher

Approve 1st reading of Bill No. 74.

Motion Passed

Motion Passed

Moved by Councillor B. Polhill

Seconded by Councillor D. Brown

Approve 2nd reading of Bill No. 74.

Motion Passed

Motion Passed

Moved by Councillor B. Polhill

Seconded by Councillor P. Van Meerbergen

Approve 3rd reading of Bill No. 74.

Motion Passed

Motion Passed

Moved by Councillor B. Polhill

Seconded by Councillor P. Van Meerbergen

Approve 1st reading of Bill No. 79.

Motion Passed

Motion Passed

Moved by Councillor B. Polhill

Seconded by Councillor S. Orser

Approve 2nd reading of Bill No. 79.

Motion Passed

Motion Passed

Moved by Councillor B. Polhill

Seconded by Councillor D. Brown

Approve 3rd reading of Bill No. 79.

Motion Passed

Motion Passed

XIV.   ADJOURNMENT