June 10, 2015, at 4:04 PM
Present:
M. Brown, M. van Holst, B. Armstrong, M. Salih, J. Helmer, M. Cassidy, P. Squire, J. Morgan, P. Hubert, A. Hopkins, V. Ridley, S. Turner, H.L. Usher, T. Park;, C. Saunders
Absent:
H.L. Usher
Also Present:
A. Zuidema, J.P. Barber, G. Belch, J. Braam, B. Coxhead, S. Datars Bere, D. Dobson, J.M. Fleming, P. Foto, K. Graham, A. Hagan, G. Kotsifas, L. Livingstone, V. McAlea Major, D. O’Brien, L. Palarchio, R. Paynter, D. Popadic, L.M. Rowe, J. Stanford, B. Warner, B. Westlake-Power
The Council meets in Regular Session in the Council Chambers this day at 4:04 PM.
I. DISCLOSURES
OF PECUNIARY INTEREST
Councillor T. Park discloses a pecuniary interest in clause C-3 of the Confidential Appendix to the 15th Report of the Corporate Services Committee having to do with a matter pertaining to advice that is subject to solicitor-client privilege, including communications necessary for that purpose with respect to the decommissioning of City-owed lands known as the South Street Campus currently leased and occupied by London Health Sciences Centre; instructions and directions to officers and employees of the Corporation pertaining to a proposed or pending acquisition or disposition of land; advice that is subject to solicitor-client privilege, including communications necessary for that purpose; reports or advice or recommendations of officers and employees of the Corporation pertaining to a proposed or pending acquisition or disposition of land; commercial and financial information supplied in confidence pertaining to the proposed or pending acquisition or disposition 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 or pending acquisition or disposition that belongs to the Corporation that has monetary value or potential monetary value; information concerning the proposed or pending acquisition or disposition whose disclosure could reasonably be expected to prejudice the economic interests of the Corporation or its competitive position; information concerning the proposed or pending acquisition or disposition 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 or pending acquisition or disposition and for the purpose of a vote for giving directions or instructions to officers, employees or agents of the municipality or persons retained by or under a contract with the municipality, by indicating that her family owns a neighbouring property.
Councillor P. Hubert discloses a pecuniary interest in clause C-1 of the Confidential Appendix to the 18th Report of the Strategic Priorities and Policy Committee having to do with a matter pertaining to reports, advice and recommendations of officers and employees of the Corporation concerning labour relations and employee negotiations in regard to the Corporation’s associations or unions including communications necessary for that purpose and advice that is subject to solicitor-client privilege, including communications necessary for that purpose, by indicating that he is the Executive Director of a social services agency that has contracts with Ontario Works. Councillor J. Helmer discloses a pecuniary interest in clause 9 of the 15th Report of the Corporate Services Committee having to do with the impact of community mail boxes on property tax assessments, by indicating that his spouse is employed by Canada Post.
II. REVIEW OF
CONFIDENTIAL MATTERS TO BE CONSIDERED IN PUBLIC
III. ADDED REPORTS
1. Disclosures
of Pecuniary Interest
That it BE NOTED that Councillor P. Hubert disclosed a pecuniary interest in the revised in camera matter having to with a matter pertaining to reports, advice and recommendations of officers and employees of the Corporation concerning labour relations and employee negotiations in regard to the Corporation’s associations or unions including communications necessary for that purpose and advice that is subject to solicitor-client privilege, including communications necessary for that purpose by indicating that he is the Executive Director of a social services agency that has a contract with Ontario Works.
IV. RECOGNITIONS
V. COMMITTEE
OF THE WHOLE, IN CAMERA
MOTION FOR IN CAMERA SESSION
VI. CONFIRMATION
AND SIGNING OF THE MINUTES OF THE SIXTEENTH MEETING HELD ON MAY 26, 2015
Moved by Councillor J. Helmer
Seconded by Councillor B. Armstrong
Approve the Minutes of the 16th Meeting held on May 26, 2015.
VII. COMMUNICATIONS
AND PETITIONS
VIII. MOTIONS OF
WHICH NOTICE IS GIVEN
IX. REPORTS
Moved by Councillor M. Cassidy
Approve clauses 1 to 8, inclusive.
2. Industrial
Land Development Strategy Update
That, on the recommendation of the City Manager, the following actions be taken: a) the staff report dated June 9, 2015 providing an update on the 2015 Federal and Provincial Budgets BE RECEIVED for information; b) the Civic Administration BE DIRECTED to implement a short term Industrial Land Development plan based on the outcome of the federal and provincial budgets and the principles noted within the above-noted staff report; and, c) the Civic Administration BE REQUESTED to update the schedules and municipal land sales table from the 9 March 2015 report to Strategic Priorities and Policy Committee to include the most recent year actual values for Municipal Property Assessment Corporation assessed value, municipal taxes, and full-time employment in addition to the projections and estimates already included in the report.
3. Agreement
Between the City of London and The London Economic Development
Corporation (LEDC) 2015-2019
Moved by Councillor A. Hopkins
report progress on all matters considered in closed session.
4. London Hydro
Inc.
That, on the recommendation of the City Manager, the by-law appended to the staff report dated June 9, 2015 as Attachment “A” BE INTRODUCED at the Municipal Council meeting to be held June 10, 2015 to: a) ratify and confirm the Annual Resolutions of the Shareholder of London Hydro Inc. attached as Schedule “1” to the by-law; and b) authorize the Mayor and the City Clerk to execute the Annual Resolutions of the Shareholder of London Hydro Inc. attached as Schedule “1” to the by-law; it being noted that the Strategic Priorities and Policy Committee a presentation from V. Sharma, Chief Executive Officer and M. Mathur, Board Chair, London Hydro and the London Hydro 2014 Annual Report.
5. Resignation
from the Town and Gown Committee
That the resignation of Councillor J. Morgan from the Town and Gown Committee, due to a scheduling conflict with meetings of the Western Fair Association Board of Governors, BE ACCEPTED.
6. Advisory
Committee Terms of Reference
That Councillor Jared Zaifman BE APPOINTED to the London Transit Commission Long-Term Report Working Group, for the term ending November 30, 2018.
7. Building Division
Monthly Report for April 2015
That, on the recommendation of the Managing Director, Development & Compliance Services and Chief Building Official, the monthly report for April 2015, BE RECEIVED for information.
8. 3rd Report of
the Governance Working Group
That the following actions be taken with respect to the 3rd Report of the Governance Working Group, from its meeting held on May 25, 2015: a) the City Clerk BE REQUESTED to take the following actions with respect to the Council Procedure By-Law No. A-45: i) review and report back on how section 21 “Enactment of By-laws” could be amended to provide for the debate of the enactment of by-laws to occur at the same time as the Standing Committee recommendation related to the by-law is being debated or at a subsequent Council meeting, after the Council meeting where the recommendation of the Standing Committee related to the matter has been considered by Council; ii) bring forward consideration of section 23 “Striking Committee” at a future meeting of the Governance Working Group (GWG) after the GWG has discussed matters related to advisory committees; and, iii) amend section 24 “Standing Committee – Meetings” to provide for the inclusion of comprehensive procedural rules to be followed at Standing Committee meetings to alleviate the need to cross reference various sections set out in the Council Procedure By-law; b) the review of Council Policy 5(1) “Appointment of Deputy Mayors” BE REFERRED to the next meeting of the Governance Working Group (GWG) for consideration; c) the review of the legislative authority to discuss board, commission and advisory committee appointments in closed session BE REFERRED to the next meeting of the Governance Working Group (GWG) for consideration; d) the review of a ranked voting system for appointments of citizens to boards, commissions and advisory committees BE REFERRED to the next meeting of the Governance Working Group (GWG) for consideration; f) clauses 1 to 3 BE RECEIVED.
9. ADDED -
Orchestra London Bankruptcy
That, on the recommendation of the Managing Director, Corporate Services and City Treasurer, Chief Financial Officer, Christene A. Scrimageour, CPA, CA, BA BE NOMINATED for election as an inspector for the Board of Inspectors for the estate of Orchestra London Canada Inc. (bankruptcy filed by Orchestra London Canada Inc. on May 22, 2015) at the first meeting of creditors, for The Corporation of the City of London; it being noted that the Strategic Priorities and Policy Committee received the attached, revised report with respect to this matter.
10. Properties located
at 460-500 Berkshire Drive (Z-8467)
That, on the recommendation of the Managing Director, Planning and City Planner, with respect to the application of Sifton Properties Limited relating to the property located at 460-500 Berkshire Drive, the proposed by-law, appended as Appendix “A” to the staff report dated June 1, 2015, BE INTRODUCED at the Municipal Council meeting on June 10, 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 Convenience Commercial/Commercial Recreation (CC/CR) Zone, TO a Convenience Commercial Special Provision/Commercial Recreation Special Provision (CC6()/CR()) Zone; it being pointed out that at the public participation meeting associated with the matter, the individual indicated on the attached public participation meeting record made an oral submission in connection therewith.
12. Properties
located at 895 and 905 Sarnia Road south portion (39CD-15502/Z-8445)
That, on the recommendation of the Senior Planner, Development Planning, the following actions be taken with respect to the application of 905 Sarnia Road Inc. relating to the property located at 895 and 905 Sarnia Road: a) the proposed by-law, as appended to the staff report dated June 1, 2015, BE INTRODUCED at the Municipal Council meeting on June 10, 2015 to amend Zoning By-law No. Z.-1 in conformity with the Official Plan, to change the zoning of the subject lands FROM an Urban Reserve (UR1) Zone, which permits uses such as existing dwellings; agricultural uses except for mushroom farms, commercial greenhouses livestock facilities, manure storage facilities; kennels; private outdoor recreation clubs; and riding stables TO an Open Space (OS1) Zone to allow for passive recreational uses including a pedestrian path system; and a Holding Residential R6 Special Provision (h.h-34h-65h-100R6-5(_)) Zone to permit cluster townhouse dwelling units with a special provision to include a minimum front yard setback of 4.0 metres, a minimum east interior side yard of 4.0 metres, and a maximum density of 40 units per hectare (161 units) subject to holding provisions requiring the developer to enter into a development agreement with the City, that noise walls be discouraged and buildings are oriented to Sarnia Road, implement noise and vibration attenuation measures, and to ensure that there is water looping and a second public access when more than 80 units are developed; c) a public meeting on behalf of the Approval Authority BE HELD at a meeting of the Planning and Environment Committee, for the proposed draft Vacant Land Condominium application relating to the property located at 895-905 Sarnia Road and REPORT TO the Approval Authority the issues, if any, raised at the public meeting with respect to this application;
d) a public meeting on behalf of the Approval Authority BE HELD at a meeting of the Planning and Environment Committee, for the proposed Site Plan Approval application relating to the property located at 895-905 Sarnia Road and REPORT TO the Approval Authority the issues, if any, raised at the public meeting with respect to this application; d) the Approval Authority BE ADVISED that Municipal Council supports the issuing of draft approval to the vacant land condominium as redline amended for 161 townhouse residential units at 895-905 Sarnia Road; e) the Approval Authority BE ADVISED that Municipal Council supports the approval of the Site Plan applications for 161 townhouse residential units at 895-905 Sarnia Road; and, f) the Approval Authority BE REQUESTED to utilize (if possible) one agreement (in place of a separate development agreement and condominium agreement) to address the development of this site; 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.
11. Review of Greenhouse
Regulations (Z-8458)
That, on the recommendation of the Managing Director, Planning and City Planner, the following actions be taken with respect to the application of City of London: a) the proposed by-law appended to the staff report dated June 1, 2015 as Appendix “A”, BE INTRODUCED at the Municipal Council meeting on June 10, 2015 to amend Zoning By-law No. Z.-1, in conformity with the Official Plan, to: i) add definitions for “Greenhouse” and “Greenhouse Farm” to Section 2 – Definitions; ii) amend Section 4.1 to add greenhouses to the list of farm buildings exempted from the coverage limit for accessory uses; iii) add a parking provision to apply to Greenhouse Farm in Section 4.19 – Parking Standards; iv) add “Greenhouse Farm” as a permitted use in the Agriculture AG1 zone variation; v) remove use “Commercial Greenhouse” from the list of permitted uses in the Agriculture AG2 zone variation and add “Commercial Greenhouse” to the list of permitted uses in the Agriculture AG3 zone variations; and b) the Civic Administration be directed TO REVIEW the Site Plan Control Area By-law to evaluate the possibility of removing greenhouse farm from the list of exempted uses and developing the necessary regulations to address such matters as stormwater management, access, employee accommodation, parking and storage of materials; it being pointed out that no individuals spoke at the public participation meeting associated with this matter; it being further noted that the Planning and Environment Committee received a presentation from the Manager, Long Range Planning and Research regarding this matter.
That, on the recommendation of the Managing Director, Planning and City Planner, with the advice of the Heritage Planner, the following actions be taken with respect to the request for the demolition of the residence located at 104 Commissioners Road East: a) the Chief Building Official BE ADVISED that Council does not intend to issue a notice of its intent to designate the property under Section 29 of the Ontario Heritage Act; and, b) the Civic Administration BE DIRECTED to photo document the property, prior to any demolition and that salvageable heritage materials be retained for reuse on the site or elsewhere; 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 therein.
14. Properties
located at 462-472 Springbank Drive (OZ-8459)
That, on the recommendation of the Managing Director, Planning and City Planner, the following actions be taken with respect to the application of Atlas Healthcare (London) Ltd. relating to the property located at 462-472 Springbank Drive: a) the proposed by-law, appended to the staff report dated June 1, 2015 as Appendix “A”, BE INTRODUCED at the Municipal Council meeting on June 10, 2015 to amend the Official Plan to change the designation of the subject lands FROM a Multi-Family, High Density Residential designation TO an Office Area designation; b) the proposed by-law appended to the staff report dated June 1, 2015 as Appendix “B”, BE INTRODUCED at the Municipal Council meeting on June 10, 2015 to amend Zoning By-law No. Z.-1, in conformity with the Official Plan as amended in part (a) above, to change the zoning of the subject property FROM an Arterial Commercial Special Provision (AC2(2)) Zone and Arterial Commercial Special Provision (AC2(7)) Zone, TO a holding Office Special Provision (h-11?OF5( )) Zone; and, c) the Site Plan Approval Authority BE REQUESTED to consider the following design issues through the site plan process: i) fencing along property line adjacent to the school yard be implemented to mitigate access and noise impacts; ii) locate and orient the building in a position and form which spans as much of the street frontage as possible to reduce the exposure of the parking area to the street and locate the building entrance on the north façade or corner location that is highly visible from the street to activate the street edge; iii) screen the remaining parking area that is exposed to the street through the use of landscaping and a low masonry wall to provide a strong street-wall and attractive view from the public realm; iv) preserve the existing tree carving currently situated at the entrance of 462 Springbank Drive and maintain it as an amenity to the area; 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.
Moved by Councillor S. Turner
Seconded by Councillor B. Armstrong
Approve an amendment to add a new part c)v) as follows: “v) no parking restrictions, by way of fee, be applied to the required parking” and to add a new part d), as follows: “d) the Civic Administration BE DIRECTED to review current zoning restrictions associated with parking and the potential fees for same.”
Motion Passed
Vote:
Yeas: M. Brown M. van Holst B. Armstrong M. Salih J. Helmer M. Cassidy P. Squire J. Morgan P. Hubert A. Hopkins V. Ridley S. Turner H.L. Usher T. Park (14) Clause 14 as amended reads as follows: That on the recommendation of the Managing Director Planning City Planner the following actions be taken with respect to the application of Atlas Healthcare (London) Ltd. relating to the property located at 462-472 Springbank Drive: a) the proposed by-law appended to the staff report dated June 1 2015 as Appendix “A” BE INTRODUCED at the Municipal Council meeting on June 10 2015 to amend the Official Plan to change the designation of the subject lands FROM a Multi-Family High Density Residential designation TO an Office Area designation; b) the proposed by-law appended to the staff report dated June 1 2015 as Appendix “B” BE INTRODUCED at the Municipal Council meeting on June 10 2015 to amend Zoning By-law No. Z.-1 in conformity with the Official Plan as amended in part (a) above to change the zoning of the subject property FROM an Arterial Commercial Special Provision (AC2(2)) Zone Arterial Commercial Special Provision (AC2(7)) Zone TO a holding Office Special Provision (h-11?OF5( )) Zone; c) the Site Plan Approval Authority BE REQUESTED to consider the following design issues through the site plan process: i) fencing along property line adjacent to the school yard be implemented to mitigate access noise impacts; ii) locate orient the building in a position form which spans as much of the street frontage as possible to reduce the exposure of the parking area to the street locate the building entrance on the north façade or corner location that is highly visible from the street to activate the street edge; iii) screen the remaining parking area that is exposed to the street through the use of landscaping a low masonry wall to provide a strong street-wall attractive view from the public realm; iv) preserve the existing tree carving currently situated at the entrance of 462 Springbank Drive maintain it as an amenity to the area; v) no parking restrictions by way of fee be applied to the required parking; and e) the Civic Administration BE DIRECTED to review current zoning restrictions associated with parking the potential fees to the same; 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
Motion Passed
15. Downtown Office
Guidelines
That Civic Administration BE DIRECTED to review the City’s office policies, to ensure that the intent of those policies to support the downtown is confirmed as part of the review of the second draft of the London Plan.
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 V. Ridley
Seconded by Councillor H.L. Usher
Approve Introduction and First Reading of Bill No.s 232 to 241 and Added Bill No.s 242 to 245.