February 9, 2015
Present:
M. Brown, M. van Holst, B. Armstrong, J. Helmer, M. Cassidy P. Squire, J. Morgan, P. Hubert, A. Hopkins, V. Ridley, S. Turner, H.L. Usher, J. Zaifman, C. Saunders
Absent:
M. Salih, T. Park
Also Present:
A. Zuidema, J.P. Barber, G. Belch, J. Braam, B. Coxhead, S. Datars Bere, K. Dawtrey, J.M. Fleming, N. Hall, M. Hayward, G. Kotsifas, G.T. Hopcroft, L. Livingstone, D. MacRae, B. Martinez, V. McAlea Major, D. O’Brien, R. Paynter, L.M. Rowe, S. Spring, K. Stewart, B. Westlake-Power
The Council meets in Regular Session in the Council Chambers this day at 4:08 p.m.
I. DISCLOSURES
OF PECUNIARY INTEREST
Councillor J. Helmer discloses a pecuniary interest in clause 15 of the 3rd Report of the Civic Works Committee, having to do with the Canada Post Community Mailbox Program, by indicating that his wife is employed with Canada Post.
II. REVIEW OF
CONFIDENTIAL MATTERS TO BE CONSIDERED IN PUBLIC
III. ADDED
REPORTS
IV. RECOGNITIONS
1. Disclosures of Pecuniary Interest
Moved by Councillor V. Ridley
Approve progress on all matters considered in closed session.
Motion Passed
Vote:
Yeas: M. Brown M. van Holst B. Armstrong J. Helmer M. Cassidy P. Squire J. Morgan P. Hubert A. Hopkins V. Ridley S. Turner H.L. Usher J. Zaifman (13)
Motion Passed
Moved by Councillor V. Ridley
Approve progress on all matters considered in closed session.
Motion Passed
Vote:
Yeas: M. Brown M. van Holst B. Armstrong J. Helmer M. Cassidy P. Squire J. Morgan P. Hubert A. Hopkins V. Ridley S. Turner H.L. Usher J. Zaifman (13)
Motion Passed
V. COMMITTEE
OF THE WHOLE, IN CAMERA
MOTION FOR IN CAMERA SESSION
Moved by Councillor S. Turner
Seconded by Councillor M. van Holst
Approve that Council rise and go into Committee of the Whole, in camera, for the purpose of considering the following: a) A matter pertaining to advice that is subject to solicitor-client privilege, including communications necessary for that purpose, with respect to North London Housing Concerns. (C1/4/PEC) b) (ADDED) A matter pertaining to labour relations, employee negotiations, personal matters about identifiable individuals, including current and former municipal employees, outstanding litigation affecting the municipality and advice that is subject to solicitor-client privilege, including communications necessary for that purpose and for the purpose of providing directions to officers and employees of the Corporation. (C-1/6/CSC) c) (ADDED) A matter pertaining to advice that is subject to solicitor-client privilege including communications necessary for that purpose, and for the purpose of giving instructions and directions to the solicitors of the municipality in connection with such advice relating to appointments to the Western Fair Association. (C-2/6/CSC) d) (ADDED) A matter pertaining to advice that is subject to solicitor-client privilege, including communications necessary for that purpose with respect to Canada Post. e) (ADDED) A matter pertaining to advice that is subject to solicitor-client privilege, including communications necessary for that purpose with respect to a guideline document entitled “Our Move Forward” London’s Downtown Plan”.
Motion Passed
Vote:
Yeas: M. Brown M. van Holst B. Armstrong M. Cassidy P. Squire J. Morgan P. Hubert A. Hopkins V. Ridley S. Turner H.L. Usher J. Zaifman (12) RECUSED: J. Helmer (1)
Motion Passed
VI. CONFIRMATION
AND SIGNING OF THE MINUTES OF THE FIFTH MEETING HELD ON JANUARY 27, 2015
Moved by Councillor B. Armstrong
Seconded by Councillor J. Helmer
Approve the Minutes of the Fifth Meeting held on January 27, 2015.
Motion Passed
Vote:
Yeas: M. Brown M. van Holst B. Armstrong J. Helmer M. Cassidy P. Squire J. Morgan A. Hopkins V. Ridley S. Turner H.L. Usher J. Zaifman (12)
Motion Passed
VII. COMMUNICATIONS
AND PETITIONS
Moved by Councillor H.L. Usher
Seconded by Councillor V. Ridley
Approve Receipt and Referral of the following communications, as noted on the public Agenda.
2. Strategic
Plan - Discussion of Strategy
Motion Passed
Vote:
Yeas: M. Brown M. van Holst B. Armstrong J. Helmer M. Cassidy P. Squire J. Morgan P. Hubert A. Hopkins V. Ridley S. Turner H.L. Usher J. Zaifman (13)
Motion Passed
VIII. MOTIONS OF
WHICH NOTICE IS GIVEN
IX. REPORTS
Moved by Councillor H.L. Usher
Seconded by Councillor M. van Holst
Approve that pursuant to section 7.4 of the Council Procedure By-law, the order of business be changed to permit consideration clause 15, of the 3rd Report of the Civic Works Committee, at this time.
Motion Passed
Vote:
Yeas: M. Brown M. van Holst B. Armstrong M. Cassidy P. Squire J. Morgan P. Hubert A. Hopkins V. Ridley S. Turner H.L. Usher J. Zaifman (12)
Motion Passed
15. Canada Post Community Mailbox Program
Moved by Councillor H.L. Usher
Seconded by Councillor P. Hubert
Approve that clause 15 be amended by deleting the clause in its entirety and by replacing it with the following new clause: “15. That, the following actions be taken with respect to Canada Post’s Community Mailbox Program: a) the Civic Administration BE DIRECTED to investigate and report back at the March 3, 2015 Civic Works Committee meeting on how other municipalities have approached this matter; and, b) the Civic Administration BE DIRECTED to submit a letter to Canada Post requesting that Canada Post undertake an enhanced public consultation process prior to the implementation of the Community Mail Box (CMB) Program and the installation of the CMB’s and inform the Municipality as to the results of that consultation; it being understood that if Canada Post pushes ahead with the implementation of the program while staff are preparing their report, staff will continue to ensure every effort is made to protect the best interests of the community; it being noted that the CWC received the following: - a communication and the attached presentation from D. Heap, 85 Forward Ave, expressing concern with the lack of consultation by Canada Post and the inadequacy of compensation to local municipalities for the associated costs, and encouraging the City of London to look at all of the implications, both monetary and social; - a communication and verbal presentation from Samuel E. Trosow, 43 Mayfair Drive, requesting additional public consultation; encouraging the City of London to look at all options available to it to manage the situation, including the long-term financial implications, in the best interests of the community; asking that the City of London review any other legislation that may strengthen its ability to address what he feels is downloading from the federal level to already hard-pressed municipalities; and, - a communication dated January 15, 2015, from D. Lemelin, National President, Canadian Union of Postal Workers, requesting support for continued door-to-door service. (2015 - D19)
Motion Passed
Vote:
Yeas: Nays: M. Brown B. Armstrong M. van Holst V. Ridley (2) M. Cassidy P. Squire J. Morgan P. Hubert A. Hopkins S. Turner H.L. Usher J. Zaifman (10)
Motion Passed
Moved by Councillor H.L. Usher
Seconded by Councillor S. Turner
Approve clause 15, as amended.
Motion Passed
Vote:
Yeas: M. Brown M. van Holst B. Armstrong M. Cassidy P. Squire J. Morgan P. Hubert A. Hopkins V. Ridley S. Turner H.L. Usher J. Zaifman (12)
Motion Passed
Moved by Councillor M. Cassidy
Approve clauses 1 to 6, inclusive.
3. Properties located
at 3550 and 3590 Singleton Avenue (H-8322)
That, on the recommendation of the Planner II, Development Services, based on the application of Nu Age Homes Inc., c/o Land Development Solutions Engineering Inc., relating to the properties located at 3550 and 3590 Singleton Avenue, the proposed by-law, as appended to the staff report dated February 2, 2015, BE INTRODUCED at the Municipal Council meeting to be held on February 9, 2015, to amend Zoning By-law No. Z.-1, (in conformity with the Official Plan), to change the zoning of the subject lands FROM a Holding Residential R5/R6 (h-h-54-h-71-h-100-h-134-R5-4/R6-5) Zone TO a Holding Residential R5/R6 (h-134*R5-4/R6-5) Zone to remove the “h”, “h-54”, “h-71” and “h-100” holding provisions. (2015-D09)
4. Development Charges
Grant Program for Downtown and Old East Village Community Improvement Plan (CIP) Areas
That, on the recommendation of the Managing Director, Planning and City Planner and the Managing Director, Corporate Services and City Treasurer, Chief Financial Officer, the following actions be taken with respect to the Development Charges Grant Program for the Downtown and the Old East Village Community Improvement Plan areas: a) the Program Guidelines, as appended to the staff report dated February 2, 2015, BE CIRCULATED for public review and comment; b) a public participation meeting BE SCHEDULED at the Planning and Environment Committee meeting to be held on March 2, 2015 to consider proposed program guidelines related to a Development Charges Program for the Downtown and Old East Village Community Improvement Areas, as appended to the staff report dated February 2, 2015, as Appendix “B”; and, c) the Civic Administration BE DIRECTED to report the results of the March 2, 2015 public participation meeting, as directed in part b), above, and the final proposed program guidelines at a future Planning and Environment Committee meeting; it being noted that the program guidelines provide for the following: i) the program is slated to expire on August 4, 2019 consistent with its status under the Development Charges By-law; ii) the program will be reviewed by the Municipal Council at least two (2) years prior to the August 4, 2019 expiry date; iii) the proposed CIP program guidelines being tabled provides no substantive differences from the existing program; and, iv) the approval of the CIP program facilitates the transfer of the program from the Development Charges By-law to the CIP program, in accordance with the previous Municipal Council direction; and, d) the Civic Administration BE DIRECTED to monitor development proposals and Development Charge Grants issued for the Downtown and the Old East Village and to report back, at a future meeting of the Planning and Environment Committee, the findings of the monitoring program, including potential recommendations for changes to the Grant program parameters. (2014-F11A/F21)
5. Proposed Amendments
to the Site Plan By-law
That, on the recommendation of the Manager of Development Services and Engineering Liaison, the proposed changes to Schedule 1 of Site Plan Control Area By-law C.P.-1455-541, as appended to the staff report dated February 2, 2015, BE INTRODUCED at the Municipal Council meeting to be held on February 9, 2015, to amend Site Plan Control Area By-law C.P.-1455-541; it being pointed out that there were no oral submissions made at the public participation meeting associated with this matter. (2015-C01)
6. Property located at
1671 Fanshawe Park Road West (TZ-8438)
That, on the recommendation of the Managing Director, Planning and City Planner, based on the application by Organic Choice Bagging Company, relating to the property located at 1671 Fanshawe Park Road West, the proposed by-law, as appended to the staff report dated February 2, 2015, BE INTRODUCED at the Municipal Council meeting to be held on February 9, 2015, to amend Zoning By-law No. Z.-1, (in conformity with the Official Plan), by: a) DELETING Section 50.2 Temporary Use T-58 in its entirety; and, b) REPLACING Section 50.2 Temporary Use T-58 to allow for a temporary outdoor self-storage establishment for a time period of no more than three years from the date of passing of the by-law; it being noted that the net effect of the proposed by-law is to extend the existing temporary use and to remove the requirement for a permanent self-storage facility on the front portion of the subject lands; it being pointed out that at the public participation meeting associated with this matter, the individual indicated on the attached public participation meeting record made an oral submission in connection therewith. (2015-D09)
7. Properties located
at 2155 and 2253 Richmond Street (Z-8440)
That, on the recommendation of the Senior Planner, Development Services, the following actions be taken with respect to the application of Auburn Development Inc., relating to a portion of the properties located at 2155 and 2253 Richmond Street, (draft plan 39T-04513), the proposed by-law, as appended to the staff report dated February 2, 2015, BE INTRODUCED at the Municipal Council meeting to be held on February 9, 2015, to amend Zoning By-law No. Z.-1, (in conformity with the Official Plan), to change the zoning of the subject property FROM a Holding Residential R1 (hh-100h-114R1-4) Zone, a Holding Residential R1 (hh-100R1-4) Zone and a Residential R1 (R1-4) Zone, which permits single detached dwellings on lots with a minimum lot frontage of 12 metres, minimum lot area of 360 square metres and maximum height of 9 metres TO a Holding Residential R1 (hh-100h-114R1-5) Zone, a Holding Residential R1 (hh-100R1-5) Zone and a Residential R1 (R1-5) Zone, which permits single detached dwellings on lots with a minimum lot frontage of 12 metres, a minimum lot area of 415 square metres and a maximum height of 10.5 metres; it being pointed out that at the public participation meeting associated with this matter, the individual indicated on the attached public participation meeting record made an oral submission in connection therewith. (2015-D09)
8. 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, from its meeting held on January 14, 2015: a) the following actions be taken with respect to the London Advisory Committee on Heritage (LACH) Terms of Reference: i) the Municipal Council BE ADVISED that the LACH supports the proposed amendments to its Terms of Reference, as per the revised red-lined document, as appended to the 2nd Report of the LACH; ii) the City Clerk BE DIRECTED to amend the LACH Terms of Reference in accordance with part i), above; and, iii) the staff report, dated January 14, 2015, from the Managing Director, Planning and City Planner, with respect to this matter, BE RECEIVED; b) clauses 1 to 6 and 8, BE RECEIVED; it being noted that the Planning and Environment Committee heard a verbal presentation from W. Kinghorn, Chair, LACH, with respect to these matters.
9. Boulevard Tree
Protection By-law Revision
12. General Orientation
- Key Committee Matters - Development Services
That, the orientation presentation from the Manager, Development Services and Engineering Liaison, BE RECEIVED.
13. General Orientation
- Key Committee Matters - Planning
That, the attached orientation presentation from the Manager, Long Range Planning and Research, BE RECEIVED.
14. Old East Village
Community Incentive Plan’s Tax Grant Program
That, notwithstanding the Old East Village Community Improvement Plan Tax Grant Program, the request for an exemption to the Program Incentive Guidelines by Dr. N. Hogg, Hogg Oral and Maxillofacial Surgeon, BE APPROVED by the Municipal Council as an exception; it being noted that Dr. N. Hogg has appealed his property tax assessment to the Municipal Property Assessment Corporation and, subject to the eligibility criteria of the Program, his application will be held in abeyance until the appeal is resolved; it being noted that the Planning and Environment Committee reviewed and received the following communications, with respect to this matter: - a communication, dated January 15, 2015, from Dr. N. Hogg, Hogg Oral and Maxillofacial Surgeon; and, - a communication, dated January 20, 2015, from S. Merritt, Manager, Old East Village BIA. (2015-F11A)
That, the communication from Councillor M. Van Holst, with respect to the request for a Community Improvement Plan for the Hamilton Road area, BE REFERRED to the Civic Administration for incorporation into the Planning Departments Work Plan and Budget and to report back at a future Planning and Environment Committee meeting. (2015-D19)
10. “Our Move
Forward” London’s Downtown Plan (O-8385)
That, on the recommendation of the Managing Director, Planning and City Planner, the following actions be taken with respect to Our Move Forward: London’s Downtown Plan: a) Our Move Forward: London’s Downtown Plan BE ADOPTED as a Guideline Document pursuant to section 19.2.2 of the Official Plan as Municipal Council’s strategy for future public and private investment in London’s Downtown; and, b) the proposed by-law, as appended to the staff report dated February 2, 2015, BE INTRODUCED at the Municipal Council meeting to be held on February 9, 2015, to amend section 19.2.2 ii) of the Official Plan to add the Our Move Forward: London’s Downtown Plan to the list of guideline documents; it being noted that the Planning and Environment Committee reviewed and received a communication, dated January 28, 2015, from J. MacDonald, CEO and General Manager, Downtown London, with respect to this matter; it being pointed out that at the public participation meeting associated with this matter, the individuals indicated on the attached public participation meeting record made oral submissions in connection therewith. (2015-D08)
Moved by Councillor P. Hubert
Seconded by Councillor H.L. Usher
Approve referral of the “Our Move Forward” London’s Downtown Plan back to staff to undertake wording and graphics refinements.
11. 2nd Report of the
Advisory Committee on the Environment
That, the following actions be taken with respect to the 2nd Report of the Advisory Committee on the Environment, from its meeting held on January 13, 2015: a) the following actions be taken with respect to reducing pesticide use and protecting pollinator health: i) the recommendation for G. Sass, Advisory Committee on the Environment (ACE), to make a submission, on behalf of the ACE, with respect to Province of Ontario’s Pollinator Health Discussion Paper on reducing pesticide use and protecting pollinator health, BE REFERRED to the Civic Administration to report back at the February 17, 2015 Planning and Environment Committee meeting; and, ii) it BE NOTED that the ACE reviewed and received the staff report dated July 20, 2009, from J. Stanford, Director, Environment Programs and Solid Waste, with respect to an update on the Boulevard Naturalization Policy; b) clauses 1 to 5 and 7 to 9, BE RECEIVED; it being noted that the Planning and Environment Committee heard a verbal presentation from D. Szoller, Chair, ACE, with respect to these matters.
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 J. Zaifman
Seconded by Councillor S. Turner
Approve Introduction and First Reading of Bill No.s 66 to 81, excluding Bill No. 70.
Motion Passed
Vote:
Yeas: M. Brown M. van Holst B. Armstrong J. Helmer M. Cassidy P. Squire J. Morgan P. Hubert A. Hopkins V. Ridley S. Turner H.L. Usher J. Zaifman (13)
Motion Passed
Moved by Councillor J. Helmer
Seconded by Councillor H.L. Usher
Approve Second Reading of Bill No.s 66 to 81, excluding Bill No. 70.
Motion Passed
Vote:
Yeas: M. Brown M. van Holst B. Armstrong J. Helmer M. Cassidy P. Squire J. Morgan P. Hubert A. Hopkins V. Ridley S. Turner H.L. Usher J. Zaifman (13)
Motion Passed
Moved by Councillor B. Armstrong
Seconded by Councillor S. Turner
Approve Third Reading and Enactment of Bill No.s 66 to 81, excluding Bill No. 70.
Motion Passed
Vote:
Yeas: M. Brown M. van Holst B. Armstrong J. Helmer M. Cassidy P. Squire J. Morgan P. Hubert A. Hopkins V. Ridley S. Turner H.L. Usher J. Zaifman (13)
Motion Passed