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Council

MINUTES

17th meeting

 

 

August 30, 2016

 

The Council meets in Regular Session in the Council Chambers this day at 4:03 PM.

 

PRESENT:  Mayor M. Brown and Councillors M. van Holst, B. Armstrong, M. Salih, J. Helmer, M. Cassidy, P. Squire, J. Morgan, P. Hubert, A. Hopkins, S. Turner, H.L. Usher and T. Park and C. Saunders (City Clerk).

 

ABSENT:  Councillors V. Ridley and J. Zaifman.

 

ALSO PRESENT:  A. Zuidema, G. Belch, J. Braam, B. Coxhead, S. Datars Bere, K. Dawtrey, J.M. Fleming, K. Graham, N. Hall, M. Hayward, O, Katolyk, J. Kobarda, G. Kotsifas, L. Livingstone, L. MacDougall, A. Macpherson, V. McAlea Major, D. O’Brien, A. Patis, M. Ribera, L.M. Rowe, J. Smout, J. Taylor, B. Warner and B. Westlake-Power.

 

At the beginning of the Meeting all Members are present except Councillors V. Ridley, M. Salih and J. Zaifman.

 

I

DISCLOSURES OF PECUNIARY INTEREST

 

Councillor S. Turner discloses a pecuniary interest in clause 7 of 10th Report of the Community and Protective Services Committee having to do with the Informal Residential Care Facility Licensing By-law ,and the associated Bill No. 308, by indicating that his employer is associated with enforcement.

 

Councillor M. Salih enters the meeting at 4:14 PM.

 

II

RECOGNITIONS

 

1.

His Worship the Mayor presents the 2016 Queen Elizabeth Scholarships to the following recipients: Emily Moyer from London South Collegiate Institute (average 99.67%) and Seung Ho Lee, aka Michael H. Lee, from London Central Secondary School (average 98.67%).

 

2.

His Worship the Mayor recognizes the City of London's Ontario Nature Lee Symmes Municipal Award for community leadership and achievements in successfully managing and improving Environmentally Significant Areas.

 

III

REVIEW OF CONFIDENTIAL MATTERS TO BE CONSIDERED IN PUBLIC

 

None.

 

IV

COUNCIL, IN CLOSED SESSION

 

MOTION FOR IN CAMERA SESSION

 

Motion made by Councillor M. van Holst and seconded by Councillor B. Armstrong to Approve that Council rise and go into Council, In Closed Session, for the purpose of considering the following matters:

 

a)

A matter pertaining to personal matters about an identifiable individual, including communications necessary for that purpose, as it relates to interviews for nomination to the London Hydro Inc. Board of Directors. (C1/19/CSC)

 

b)

A matter pertaining to instructions and directions to officers and employees of the Corporation pertaining to a lease arrangement; 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 arrangement; commercial and financial information supplied in confidence pertaining to the proposed lease arrangement, 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 lease arrangement that belongs to the Corporation that has monetary value or potential monetary value;  information concerning the proposed lease arrangement whose disclosure could reasonably be expected to prejudice the economic interests of the Corporation or its competitive position; information concerning the proposed lease arrangement 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 arrangement. (C2/19/CSC)

 

c)

A matter pertaining to instructions and directions to officers and employees of the Corporation pertaining to a proposed 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 disposition of land; commercial and financial information supplied in confidence pertaining to the proposed 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 disposition that belongs to the Corporation that has monetary value or potential monetary value;  information concerning the proposed disposition whose disclosure could reasonably be expected to prejudice the economic interests of the Corporation or its competitive position; information concerning the proposed 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 disposition. (C3/19/CSC)

 

d)

A matter pertaining to litigation or potential litigation; advice that is subject to solicitor-client privilege, including communications necessary for that purpose; and giving directions or instructions to officers, employees and the solicitors of the municipality with respect to Notice of Application bearing court file #4760/14. (C4/19/CSC)

 

 

e)

A matter pertaining to personal matters about identifiable individuals with respect to employment-related matters; advice that is subject to solicitor-client privilege, including communications necessary for that purpose; advice or recommendations of officers and employees of the Corporation, including communications necessary for that purpose; and for the purpose of providing instructions and directions to officers and employees of the Corporation. (C5/19/CSC)

 

f)

(ADDED) A matter pertaining to litigation or potential litigation with respect to an application for hearing by London Police Services Board to the Ontario Civilian Police Commission arising out of the 2016-2019 multi-year budget process and advice that is subject to solicitor-client privilege, including communications necessary for that purpose and for the purpose of providing instructions and directions to officers and employees of the Corporation with respect to an application for hearing by London Police Services Board to the Ontario Civilian Police Commission arising out of the 2016-2019 multi-year budget process. (C1/19/SPPC)

Motion Passed

 

YEAS: M. Brown, M. van Holst, B. Armstrong, M. Salih, J. Helmer, M. Cassidy, P. Squire, J. Morgan, P. Hubert, A. Hopkins, S. Turner, H.L. Usher, T. Park (13)

 

 

The Council rises and goes into Council, In Closed Session, at 4:16 PM, with Mayor M. Brown in the Chair and all Members present except Councillors V. Ridley and J. Zaifman.

 

The Council, In Closed Session, rises at 5:23 PM and Council reconvenes at 5:25 PM, with Mayor M. Brown in the Chair and all Members present except Councillors P. Hubert, V. Ridley and J. Zaifman.

 

 

V

CONFIRMATION AND SIGNING OF THE MINUTES OF THE SIXTEENTH MEETING HELD ON JULY 26, 2016

 

Motion made by Councillor H.L. Usher and seconded by Councillor A. Hopkins to Approve the Minutes of the Sixteenth Meeting, held on July 26, 2016.

 

Motion Passed

 

YEAS: M. Brown, M. van Holst, B. Armstrong, M. Salih, J. Helmer, M. Cassidy, P. Squire, J. Morgan, A. Hopkins, S. Turner, H.L. Usher, T. Park (12)

 

Councillor P. Hubert enters the meeting at 5:26 PM.

 

VI

COMMUNICATIONS AND PETITIONS

 

Motion made by Councillor J. Morgan and seconded by Councillor B. Armstrong to Approve receipt and referral of the following communications, as noted on the Added Agenda:

 

1.

S. Levin, Orchard Park Sherwood Forest Ratepayers - City Wide Official Plan and Zoning By-law Amendments - Secondary Dwelling Units (OZ-8053) (Refer to the Planning and Environment Committee stage for consideration with clause 22 of the 14th Report of the Planning and Environment Committee.)

 

a)

(ADDED) S. Trosow, 43 Mayfair Drive

 

2.

J. Winkler, By E-mail - Tree Protection By-law (Refer to the Planning and Environment Committee stage for consideration with clause 24 of the 14th Report of the Planning and Environment Committee.)

 

a)

(ADDED) R. Zelinka, 727 Galloway Crescent

 

3.

(ADDED) W. Pol, Pol Associates Inc. - Property located at 66 Byron Avenue East (Z-8616) (Refer to the Planning and Environment Committee stage for consideration with clause 19 of the 14th Report of the Planning and Environment Committee.)

 

4.

(ADDED) B. Brock, By E-mail - Shift - London's Rapid Transit Initiative Business Case - February 2016 (Refer to the Strategic Priorities and Policy Committee state for consideration with clause 11 of the 19th Report of the Strategic Priorities and Policy Committee. Note: Meeting to be held on August 29, 2016)

 

Motion Passed

 

YEAS: M. Brown, M. van Holst, B. Armstrong, M. Salih, J. Helmer, M. Cassidy, P. Squire, J. Morgan, P. Hubert, A. Hopkins, S. Turner, H.L. Usher, T. Park (13)

 

 

VII

MOTIONS OF WHICH NOTICE IS GIVEN

 

None.

 


 


VIII

REPORTS

 

 

14th Report of the Planning and Environment Committee

Councillor P. Squire presents.

 

Motion made by Councillor P. Squire to Approve clauses 1 to 28, excluding clauses 22, 23, 24.

 

1.

Disclosures of Pecuniary Interest

 

That it BE NOTED that no pecuniary interests were disclosed.

 

2.

8th Report of the Advisory Committee on the Environment

 

That the 8th Report of the Advisory Committee on the Environment from its meeting held on July 20, 2016, BE RECEIVED.

 

3.

8th Report of the Environmental and Ecological Planning Advisory Committee

 

That the 8th Report of the Environmental and Ecological Planning Advisory Committee from its meeting held on July 21, 2016, BE RECEIVED.

 

4.

Changes to the Planning Act through the Smart Growth for our Communities Act (Bill 73)

 

That, on the recommendation of the Managing Director, Planning and City Planner, the staff report dated August 22, 2016, relating to the changes to the Planning Act through the Smart Growth for our Communities Act (Bill 73) BE RECEIVED for information;

 

it being noted that further staff reports will be provided to address specific policy and process changes required as a result of the Smart Growth for Our Communities Act (Bill 73), including:

 

•           public participation and engagement in the planning process, including notice procedures and policies;

•           complete application requirements to include a proposed strategy for consulting with the public with respect to the request;

•           consideration of exception to the two year “time-out” on privately initiated applications to The London Plan and other instances where the time-out provision applies; and,

•           update processes for receiving funds through bonusing agreements or as cash-in-lieu of parkland dedication.   (2016-A02)

 

5.

Inclusionary Zoning in Bill 204, The Promoting Affordable Housing Act, 2016

 

That, on the recommendation of the Managing Director, Planning and City Planner, the following actions be taken with respect to Inclusionary Zoning in Bill 204, the Promoting Affordable Housing Act, 2016:

 

a)         the staff report dated August 22, 2016, relating to Inclusionary Zoning in Bill 204, the Promoting Affordable Housing Act, 2016 BE RECEIVED for information;

 

b)         the above-noted report BE FORWARDED to the Ministry of Municipal Affairs in response to the Inclusionary Zoning Consultation Discussion Guide regarding changes to the Planning Act as proposed in Schedule 4 of Bill 204, the Promoting Affordable Housing Act, 2016; and,

 

c)         the Ministry of Municipal Affairs BE ADVISED that the City of London would appreciate the opportunity to provide comments on any further changes to the Planning Act or future regulations associated with the Promoting Affordable Housing Act, 2016.   (2016-S11)

 


 

6.

Property located at 1192 Highbury Avenue North (OZ-8463)

 

That, on the recommendation of the Managing Director, Planning and City Planner, the staff report dated August 22, 2016, entitled “Application by York Developments (London) Inc., 1192 Highbury Avenue North, meeting on August 22, 2016” BE RECEIVED for information. (2016-D09)

 

7.

Proposed New Sign By-law and Amendments to Current Sign and Canopy By-law

 

That, on the recommendation of the Managing Director, Development and Compliance Services and Chief Building Official, the following actions be taken with respect to the proposal for a new draft Sign By-law and two amendments to the current Sign & Canopy By-law:

 

a)         the staff report dated August 22, 2016, with respect to the proposal for a new draft Sign By-law and two amendments to the current Sign & Canopy By-law, BE RECEIVED; and,

 

b)         the proposed by-law appended to the staff report dated August 22, 2016, BE REFERRED to a public participating meeting to be held at the Planning and Environment Committee at its meeting to be held on October 17, 2016, for the purpose of seeking public input on the proposed by-law and amendments to the current by-law; it being noted that the Civic Administration will consult with industry stakeholders, Business Improvement Associations and other interested parties in order to attempt to balance the needs of service/product marketing with safety and aesthetic standards.    (2016-P01)

 

8.

Property located at 1061 Richmond Street (H-8657) (Relates to Bill No. 327)

 

That, on the recommendation of the Senior Planner, based on the application of Zelinka Priamo Ltd., relating to the property located at 1061 Richmond Street, the proposed by-law appended to the staff report dated August 22, 2016, BE INTRODUCED at the Municipal Council meeting to be held on August 30, 2016, 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 Neighbourhood Facility Special Provision Bonus (h-5*NF1(14)*B-24) Zone TO a Neighbourhood Facility Special Provision Bonus (NF1(14)*B-24) Zone to remove the h-5 holding provision.    (2016-D09)

 

9.

Lots on Cranbrook Road and Thornley Street (H-8634) (Relates to Bill No. 328)

 

That, on the recommendation of the Senior Planner, Development Planning, the following actions be taken with respect to the application of Norquay Buttonbush Land Corp., relating properties located at 1200, 1201, 1211, 1203, 1204 Cranbrook Road and 1237, 1249, 1254, 1258 and 1415 Thornley Street:

 

a)         the proposed by-law appended to the staff report dated August 22, 2016, BE INTRODUCED at the Municipal Council meeting to be held on August 30, 2016, to amend Zoning By-law No. Z.-1, (in conformity with the Official Plan), to change the zoning FROM a Holding Residential R1 Special Provision (h-108*R1-6(4)) Zone TO a Residential R1 Special Provision (R1-6(4)) to remove the “h-108” holding provision on properties located at 1201 and 1211 Cranbrook Road and 1415 Thornley Street; and,

 

b)         the application to change the zoning on the remainder of the blocks FROM a Holding Residential R1 Special Provision (h-108*R1-6(4)) Zone TO a Residential R1 Special Provision (R1-6(4)) to remove the “h-108” holding provision BE DEFERRED until such time as the lands are consolidated with abutting lands.   (2016-D09)

 

10.

Properties located at 1175 and 1205 Hyde Park Road (H-8646) (Relates to Bill No. 329)

 

That, on the recommendation of the Senior Planner, Development Services, based on the application of Westdell Corporation, relating to the properties located at 1175 and 1205 Hyde Park Road, the proposed by-law appended to the staff report dated August 22, 2016, BE INTRODUCED at the Municipal Council meeting to be held on August 30, 2016, to amend Zoning By-law Z.-1, (in conformity with the Official Plan), to change the zoning FROM a Holding Restricted Service Commercial Special Provision (h-112*RSC1 (16)/RSC3/ RSC4/RSC5) Zone TO a Restricted Service Commercial Special Provision (RSC1 (16)/RSC3/RSC4/RSC5) Zone to remove the “h-112” holding provision.  (2016-D09)

 

11.

Silverfox Crescent (Part of Blocks 77 and 81 in Plan 33M-622) (P-8349) (Relates to Bill No. 311 and Bill No. 312)

 

That, on the recommendation of the Senior Planner, Development Services, the following actions be taken with respect to the application by Prosperity Homes Limited, to exempt the following lands from Part Lot Control:

 

a)         the proposed by-law appended to the staff report dated August 22, 2016, BE INTRODUCED at the Municipal Council meeting to be held on August 30, 2016, to exempt part of Block 77 in Plan 33M-622 from the Part Lot Control provisions of subsection 50(5) of the Planning Act; and

 

b)         the proposed by-law appended to the staff report dated August 22, 2016, BE INTRODUCED at the Municipal Council meeting to be held on August 30, 2016 to exempt part of Block 81 in Plan 33M-622 from the Part Lot Control provisions of subsection 50(5) of the Planning Act.   (2016-D12)

 

12.

Submission from the Chippewas of the Thames First Nation - The London Plan (O-7938)

 

That, on the recommendation of the Managing Director, Planning and City Planner, the communication from the Chippewas of the Thames First Nation regarding The London Plan appended to the staff report dated August 22, 2016, BE RECEIVED and BE FORWARDED to the Minister of Municipal Affairs for their consideration in the approval of The London Plan; it being noted that the Civic Administration will consider the comments for possible amendments to The London Plan.   (2016-D09)

 

13.

Ontario Municipal Board Review

 

That, on the recommendation of the Managing Director, Planning and City Planner, the following actions be taken with respect to the initial consultation being undertaken by the Ministry of Municipal Affairs and the Attorney General relating to the scope and effectiveness of the Ontario Municipal Board:

 

a)         the staff report dated August 22, 2016, with respect to the initial consultation being undertaken by the Ministry of Municipal Affairs and the Attorney General relating to the scope and effectiveness of the Ontario Municipal Board, BE RECEIVED for information; and,

 

b)         the above-noted staff report BE FORWARDED to the Ministry of Municipal Affairs and the Attorney General in response to their initial consultation regarding the review of the scope and effectiveness of the Ontario Municipal Board; it being noted that, at this time, the City’s primary areas of concern can be summarized as:

 

i)          the scope of matters that can be appealed to the Ontario Municipal Board is too broad;

ii)         the Ontario Municipal Board does not place sufficient weight on Municipal Council’s decisions (arrived at by Council as an elected body and with substantial public consultation);

iii)         an emphasis on alternative dispute resolution that includes limited public consultation, following Municipal Council’s decision, has the potential to undermine the province’s rigorous requirements for public participation throughout the planning process prior to appeal and, thus, weaken meaningful public participation in establishing a final local planning decision; and,

iv)        the Ontario Municipal Board should be more accountable for implementing existing legislation in its hearings and practices relating to such matters as not allowing for new information to be introduced at Ontario Municipal Board hearings that was not clearly in front of the public and the Council at the time of Municipal Council’s decision;

 

c)         the Ministry of Municipal Affairs and the Attorney General BE ADVISED that the City of London will submit further comments regarding this review following the province’s release of a discussion paper on the subject.   (2016-C01)

 


 

14.

Building Division Monthly Report for May 2016

 

That the Building Division Monthly Report for May 2016 BE RECEIVED.  (2016-A23)

 

15.

Properties located at 891 and 895 Riverside Drive - Appeal to the Ontario Municipal Board - Provisional Consent Decision (B.005/16)

 

That, on the recommendation of the Manager, Development Services and Planning Liaison, in response to the letter of appeal to the Ontario Municipal Board, dated June 10, 2016, submitted by Phillip Masschelen, relating to the Provisional Decision of Consent Application B.005/16, concerning the properties located at 891 and 895 Riverside Drive:

 

a)         the Ontario Municipal Board BE ADVISED that Municipal Council supports the Consent Decision appended to the staff report dated August 22, 2016 as Appendix B; and,

 

b)         the City Solicitor BE DIRECTED to provide legal and planning representation at the Ontario Municipal Board Hearing to support the position of the Municipal Council.   (2016-D28)

 

16.

Property located at 354 Boler Road (Z-8613) (Relates to Bill No. 330)

 

That, on the recommendation of the Managing Director, Planning and City Planner, with respect to the application of Calvin Neely relating to the property located at 354 Boler Road, the proposed by-law attached hereto as Appendix "A" BE INTRODUCED at the Municipal Council meeting on August 30, 2016 to amend Zoning By-law No. Z.-1, in conformity with the Official Plan, to change the zoning of the subject property FROM a Residential R1 (R1-9) Zone TO a Residential R1/Office Conversion Special Provision (R1-9/OC3(_)) Zone;

 

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 regarding this matter;

 

it being noted that the Municipal Council approves this application for the following reasons:

 

•           the recommended Zoning By-law amendment is consistent with the polices of the Provincial Policy Statement (2014);

•           the recommended amendment is consistent with the Official Plan polices for Office Conversions;

•           the recommended zone allows the continued use of the subject site for medical offices which serves the surrounding community; and,

•           the existing built form and on-site parking is capable of supporting the requested office conversion without resulting in any negative impacts to abutting uses;

 

it being further noted that Municipal Council received comments from the agent for the applicant in support of the staff recommendation.    (2016-D09)

 

17.

Property located at 1740 Richmond Street (Z-8632) (Relates to Bill No. 331)

 

That, on the recommendation of the Managing Director, Planning and City Planner, based on the application of CP REIT Ontario Properties Limited, relating to the property located at 1740 Richmond Street, the proposed by-law appended to the staff report dated August 22, 2016, BE INTRODUCED at the Municipal Council meeting to be held on August 30, 2016, to amend Zoning By-law No. Z.-1, (in conformity with the Official Plan), to change the zoning of the subject property FROM an Associated Shopping Area Commercial (ASA1/ASA2/ASA8) Zone, TO an Associated Shopping Area Commercial (ASA1/ASA2/ASA3/ASA8) Zone;

 

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 regarding this matter;

 

it being noted that the Municipal Council approves this application for the following reasons:

 

•           the recommended Zoning By-law amendment is consistent with the polices of the Provincial Policy Statement (2014);

•           the recommended amendment is consistent with Enclosed Regional Commercial Node Policies of the Official Plan;

•           the recommended zone facilitates increased usability of the subject site by accommodating uses that are similar to, and compatible with, the existing uses in the surrounding area; and,

•           the proposed built form and on-site parking is capable of supporting the requested medical/dental office without resulting in any negative impacts to abutting uses;

 

it being further noted that Municipal Council received comments from the agent for the applicant in support of the staff recommendation.    (2016-D09)

 

18.

Property located at 493 Springbank Drive (Z-8611) (Relates to Bill No. 332)

 

That, on the recommendation of the Managing Director, Planning and City Planner, the following actions be taken with respect to the application of the Incorporated Synod of the Diocese of Huron, relating to the property located at 493 Springbank Drive:

 

a)         the proposed by-law appended to the staff report dated August 22, 2016, BE INTRODUCED at the Municipal Council meeting to be held on August 30, 2016, to amend Zoning By-law No. Z.-1, (in conformity with the Official Plan), to change the zoning of the subject property FROM an Open Space (OS3) Zone TO an Open Space Special Provision (OS3(*)) Zone; and,

 

b)         the Site Plan Approval Authority BE REQUESTED to consider the following design matters through the site plan process:

 

i)          orientation of the building towards the public street by providing a high proportion of windows along Springbank Drive and, including high quality materials, human-scale rhythm, and articulation and material changes to break up blank facades;

ii)         minimizing the building setback from the street to help enclose the public realm and create a comfortable pedestrian streetscape;

iii)         locating parking and drive aisles no closer to the street than the front of the building;

iv)        opportunities to maintain, enhance and integrate the proposed development into the landscape of Woodland Cemetery by conserving: the existing mature vegetation; the curvilinear circulation routes/networks; undulating edges and the rolling topography; and,

v)         use of elements of existing buildings and structures in Woodland Cemetery as sources of architectural inspiration for the proposed development;

 

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 regarding this matter;

 

it being noted that the Municipal Council approves this application for the following reasons:

 

•           the recommended amendment is consistent with Sections 1.1.1, 1.7.1 and 2.6.1 of the Provincial Policy Statement (2014), which promote a wide range and mix of land uses and the conservation of built heritage features and cultural heritage landscapes;

•           the recommended amendment is consistent with, and will serve to implement, the Open Space policies of the Official Plan  which identify community facilities as a permitted use; and,

•           the recommended amendment is consistent with, and will serve to implement, the Cultural Heritage policies of the Official Plan which encourage new development to be sensitive to, and in harmony with, the City’s heritage resources;

 

it being further noted that Municipal Council received comments from the agent for the applicant in support of the staff recommendation.    (2016-D09)

 

19.

Property located at 66 Byron Avenue East (Z-8616) (Relates to Bill No. 333)

 

That, on the recommendation of the Managing Director, Planning and City Planner, with respect to the application of Doug Lansink, relating to the property located at 66 Byron Avenue East, the following actions be taken:

 

a)         the request to amend Zoning By-law Z.-1 to change the zoning of the subject property FROM a Residential R2 (R2-2) Zone to a Residential R2 Special Provision (R2-2(_)) Zone TO recognize 4 existing dwelling units and permit an additional single detached dwelling BE REFUSED for the following reasons:

 

i)          the requested amendment is not consistent with Section 1.1.3.3 of the Provincial Policy Statement which promotes opportunities for residential intensification based on appropriate development standards;

ii)         the requested amendment is not consistent with Section 3.1.1 of the Official Plan which seeks to minimize the potential for land use compatibility problems which may result from an inappropriate mix of higher intensity residential uses with other residential uses; and,

iii)         the requested amendment is not consistent with Sections 3.2.3.4 and 3.7.2 of the Official Plan which seek to ensure that a proposal for residential intensification be sensitive to, compatible with, and a good fit within the existing surrounding neighbourhood;

 

b)         the proposed by-law appended to the staff report dated August 22, 2016, BE INTRODUCED at the Municipal Council meeting to be held on August 30, 2016, to amend Zoning By-law No. Z.-1, (in conformity with the Official Plan), to change the zoning of the subject property FROM a Residential R2 (R2-2) Zone TO a Residential R2 Special Provision (R2-2(*)) Zone AND a Residential R2 Special Provision (R2-2(**)) Zone;

 

c)         the Site Plan Approval Authority BE REQUESTED to consider implementing the following design matters through the site plan process:

 

i)              provide a main building setback that is aligned to existing buildings on the south side Euclid Avenue;

ii)             set the garage back behind the main building mass;

iii)         align the main floor and second storey levels with those of adjacent buildings;

iv)        provide a porch and walkway from the front door out to the sidewalk;

v)            provide windows and façade articulation that is in keeping with the scale of the surrounding houses;

vi)           utilize high quality materials that are common in the Wortley Village – Old South Heritage Conservation District, including brick and wood or siding;

vii)          wrap materials around all visible façade portions, and make material transitions at appropriate locations;

viii)         include a roof pitch that is consistent with predominant roof forms in the nearby properties; and,

ix)           ensure that the proposed building design complies with Section 4.4 and Section 8.3.3 of the Wortley Village – Old South Heritage Conservation District Plan and Guidelines;

 

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 regarding this matter;

 

it being noted that the Municipal Council refuses the request for four existing dwelling units within a converted dwelling and to permit a new single detached dwelling and approves the amendment to permit a maximum of three dwelling units in a converted dwelling and permit a new single detached dwelling for this application for the following reasons:

 

·                     the rationale for refusal of the requested Zoning By-law amendment to recognize four existing dwelling units within a converted dwelling and permit a new single detached dwelling is listed in part a) of the recommendation;

·                     the rationale to support a Zoning By-law amendment to permit a maximum of 3 dwelling units in a converted dwelling and permit a new single detached dwelling is as follows:

·                     the recommended Zoning By-law amendment is  consistent with, and will serve to implement, the policies of the Provincial Policy Statement, 2014;

·                     the recommended Zoning By-law amendment is consistent with, and will serve to implement, the policies of the City of London Official Plan; and,

·                     the recommended Zoning By-law amendment is consistent with, and will serve to implement, the policies of the Wortley Road Heritage Conservation District Plan and Guidelines;

 

it being further noted that Municipal Council received comments from the agent for the applicant in support of the staff recommendation.    (2016-D09)

 

20.

Wonderland Road South (Z-8564) (Relates to Bill No. 334)

 

That, on the recommendation of the Managing Director, Planning and City Planner, based on the application of the City of London for amendments to the City’s Zoning By-law for Wonderland Road South, the proposed by-law appended to the staff report dated August 22, 2016, BE INTRODUCED at the Municipal Council meeting to be held on August 30, 2016, to amend Section 4.21 (Road Allowance Requirements – Specific Roads) of Zoning By-law Z.-1, (in conformity with the Official Plan), to amend specific segments of Wonderland Road South in Section 4.21 “Road Allowance Requirements – Specific Roads” of Z.-1 Zoning By-law;

 

it being pointed out that no individuals spoke at the public participation meeting associated with this matter;

 

it being noted that the Municipal Council approves this application for the following reasons:

 

•           the recommended zoning by-law amendment is consistent with the Provincial Policy Statement, 2014, including:

 

1.1.1    Healthy, liveable and safe communities are sustained by:

 

g)         ensuring that necessary infrastructure, electricity generation facilities and transmission and distribution systems, and public service facilities are or will be available to meet current and projected needs;

 

1.6.8.1  Planning authorities shall plan for and protect corridors and rights-of-way for infrastructure, including transportation, transit and electricity generation facilities and transmission systems to meet current and projected needs;

•           the amendments to Section 4.21 of Zoning By-law Z.-1. will be consistent with Schedule “C” Transportation Corridors of the Official Plan, and will ensure that the requirements for road allowance and street classifications are current and up to date;

•           the recommended zoning by-law amendment conforms to the policies of the Official Plan and serves to address transportation needs of the City of London;

•           the recommended zoning by-law amendment establishes the right-of-way requirements to assist in implementing the vision of the Wonderland Road South corridor as a significant gateway to the City of London;

•           the recommended zoning by-law amendment will implement the recommendations of the Wonderland Road South Environmental Study Report to accommodate future transportation needs of the City of London; and,

•           the proposed Zoning By-law Amendments conform to the Official Plan;

 

it being further noted that no public input was received by Municipal Council with respect to this matter.  (2016-D09)

 

21.

Property located at 4425 Wellington Road South (Z-8573) (Relates to Bill No. 335)

 

That, on the recommendation of the Managing Director, Planning and City Planner, the following actions be taken with respect to the application of Dineen Construction Corporation, relating to the property located at 4425 Wellington Road South:

 

a)         the proposed by-law appended to the staff report dated August 22, 2016, BE INTRODUCED at the Municipal Council meeting to be held on August 30, 2016, to amend Zoning By-law No. Z.-1, (in conformity with the Official Plan), to change the zoning of the subject property FROM a Community Shopping Area (CSA4) Zone TO an Associated Shopping Area Special Provision (ASA2(_)) Zone;

 

b)         the Site Plan Approval Authority BE REQUESTED to consider the following design issues through the site plan approval process:

 

i)          orient the principal entrance of the primary building to the sidewalk along Wellington Road South;

ii)         encourage large caliper trees to be planted within the 10m landscaped area;

 

iii)         encourage the use of planting technologies which provide long-term and sustainable growth of the trees in the landscaped area;

iv)        utilize landscaping or decorative paving to reduce the visual expanse of large parking areas; and

v)         design the interior of the site to provide pedestrian connections from the public right-of-way through the site/parking area to prioritize pedestrian movement;

 

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 regarding this matter;

 

it being noted that the Municipal Council approves this application for the following reasons:

 

•           the proposed amendment is consistent with the Provincial Policy Statement 2014;

•           the proposed amendment is consistent with the policies of the Southwest Area Secondary Plan Policies, New Format Regional Commercial Node designation and broader Official Plan policies;

•           the proposed commercial uses are appropriate for the node and revitalize an underutilized commercial site; and,

•           the development form will achieve the Southwest Area Secondary Plan design objectives through the use of special provisions;

 

it being further noted that Municipal Council received comments from the agent for the applicant in support of the staff recommendation.   (2016-D09)

 

25.

Hamilton Road Area Community Improvement Plan Proposed Study Area and Terms of Reference

 

That, on the recommendation of the Managing Director, Planning and City Planner, the following actions be taken with respect to the Hamilton Road Area Community Improvement Plan Proposed Study Area and Terms of Reference:

 

a)         the Hamilton Road Area Community Improvement Plan Terms of Reference appended to the staff report dated August 22, 2016, as Appendix “A” BE APPROVED; and,

 

b)         the proposed Hamilton Road Area Community Improvement Plan Study Area appended to the staff report dated August 22, 2016, as Appendix "B" BE APPROVED at the Municipal Council meeting to be held on August 30, 2016; it being noted that the proposed Study Area is generally bounded by the CN railway tracks to the north, Highbury Avenue to the east, the Thames River to the south, and Adelaide Street to the west, but also includes all properties with frontage on Hamilton Road west of Adelaide Street.   (2016-D19)

 

26.

Lambeth Area Community Improvement Plan Proposed Study Area and Terms of Reference

 

That, on the recommendation of the Managing Director, Planning and City Planner, the following actions be taken with respect to the Lambeth Area Community Improvement Plan Proposed Study Area and Terms of Reference:

 

a)         the Lambeth Area Community Improvement Plan Terms of Reference appended to the staff report dated August 22, 2016, as Appendix “A” BE APPROVED; and,

 

b)         the proposed Lambeth Area Community Improvement Plan Study Area appended to the staff report dated August 22, 2016, as Appendix "B" BE APPROVED at the Municipal Council meeting to be held on August 30, 2016. The proposed Study Area is generally described as following Dingman Creek south from Hamlyn Street and north to Kilbourne Road, continues east along Kilbourne Road then from the intersection of Kilbourne Road and Colonel Talbot Road directly to the intersection of Exeter Road and Wharncliffe Road South and then continues along Exeter Road to Wonderland Road South then south along Wonderland Road South to Hamlyn Street then westerly on Hamlyn Street to Dingman Creek.   (2016-D19)

 

27.

Public Engagement Process for the Evaluation of Community Improvement Plan Incentives

 

That, on the recommendation of the Managing Director, Planning and City Planner, the following actions be taken with respect to the review of the City’s Community Improvement Plans (CIPs) and associated incentive programs and potential new CIPs and associated incentives:

 

a)            the staff report dated August 22, 2016, with respect to the review of the City’s Community Improvement Plans and associated programs and incentives, including a summary of the public consultation undertaken to date, and a preliminary review of potential new Community Improvement Plans and programs BE RECEIVED for information;

 

b)         based on the review of the potential new Community Improvement Plans that have been identified for future implementation, NO FURTHER ACTION BE TAKEN with respect to the proposed new Community Improvement Plans to provide for development charges grants for Sports and Recreation Programs or Private/Not-for-Profit Education Facilities, as the proposals do not meet the intent of community improvement as defined in the Planning Act; and,

 

c)         based on the review of the City’s current Community Improvement Plans and the associated programs and incentives, the following programs BE RETAINED; it being noted that staff will further refine the program guidelines for these programs to incorporate success measures and identify possible funding revisions for Municipal Council consideration:

 

•           SoHo, Old East Village and Downtown Upgrade to Building Code Program;

•           SoHo, Old East Village and Downtown Façade Improvement Loan Programs;

•           Old East Village and Downtown Tax Increment Grant Program

•           Brownfield Tax Increment and Property Tax Assistance Grant Program; and,

•           Brownfield Assessment Study Grant Program;

 

it being noted that the Civic Administration will continue to review possible program changes to the current development charges grant programs available for industrial and residential development, including further public consultation on any possible program changes and report back to Municipal Council in November regarding any changes to those programs.   (2016-D19)

 

28.

Proposed Walkway on Clayton Walk

 

That the following actions be taken with respect to the proposed walkway on Clayton Walk:

 

a)         delegation status BE GRANTED to M. Fantegrossi, 7055 Clayton Walk at the Planning and Environment Committee meeting to be held on September 6, 2016; and,

 

b)         the developer BE ASKED to not install the walkway until after the Municipal Council meeting to be held on September 13, 2016;

 

it being noted that the Planning and Environment Committee reviewed and received a communication and a petition signed by approximately 40 individuals from Mr. Fantegrossi, 7055 Clayton Walk, with respect to this matter.   (2016-T04)

 

Motion Passed

 

YEAS: M. Brown, M. van Holst, B. Armstrong, M. Salih, J. Helmer, M. Cassidy, P. Squire, J. Morgan, P. Hubert, A. Hopkins, S. Turner, H.L. Usher, T. Park (13)

 

Motion made by Councillor T. Park to Approve clause 22.

 

22.

City Wide Official Plan and Zoning By-law Amendments - Secondary Dwelling Units (OZ-8053) (Relates to Bill No. 309 and Bill No. 336)

 

That, on the recommendation of the Managing Director, Planning and City Planner, with respect to the application of the City of London, relating to an Official Plan Amendment to introduce new city-wide policies related to secondary dwelling units and for a Zoning By-law Amendment to introduce regulations related to secondary dwelling units, the following actions be taken:

 

a)         the proposed by-law appended to the staff report dated August 22, 2016 as Appendix "A" BE INTRODUCED at the Municipal Council meeting to be held on August 30, 2016 to, amend the City of London Official Plan to update secondary dwelling unit polices, to address such matters as location, scale, and accessory structures, in accordance with changes to the Planning Act;

 

b)         the proposed by-law appended to the staff report dated August 22, 2016 as Appendix "B" BE INTRODUCED at the Municipal Council meeting to be held on August 30, 2016 to amend the City of London Zoning By-law Z.-1, (in conformity with the Official Plan, as amended in part a) above), to provide secondary dwelling unit regulations to address such matters as location, scale, and accessory structures, in accordance with changes to the Planning Act; it being noted that staff will undertake a review and bring forward changes to the Residential Rental Unit Licensing By-law to address the requirements associated with secondary dwelling units;

 

c)         the amended policies for Secondary Dwelling Units in The London Plan, appended to the staff report dated August 22, 2016 as Appendix ‘C,’ BE ENDORSED by the Municipal Council and BE FORWARDED to the Minister of Municipal Affairs with the recommendation that these policies be incorporated through a modification to The London Plan; it being noted that changes to the Plan include policy 942 being deleted and being replaced with the revised policies appended to the staff report dated August 22, 2016; and,

 

d)         the Civic Administration BE DIRECTED to report back in one year after the proposed amendments have been made to the Residential Licensing By-law;

 

it being noted that the Planning and Environment Committee reviewed and received a communication dated August 18, 2016, from M.W. Melchers, Associate Lawyer, Cohen Highley Lawyers, 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 regarding this matter;

 

it being further noted that the Municipal Council approves this application after listening to extensive public participation and having extensive discussion whether or not the Near Campus Neighbourhoods should be included in the proposed amendments and further outlining the definitions.   (2016-D08)

 

Motion made by Councillor P. Squire and seconded by Councillor M. van Holst to Approve part a) be amended to read as follows:

 

“a)        the proposed attached revised by-law BE INTRODUCED at the Municipal Council meeting to be held on August 30, 2016 to amend the City of London Official Plan to update secondary dwelling unit policies to address such matters as location, scale and accessory structures, in accordance with the changes to the Planning Act; it being noted that the revised by-law excludes the Great Near Campus Neighbourhood;”.

 

Motion Failed

 

YEAS: M. van Holst, P. Squire, J. Morgan, A. Hopkins, H.L. Usher (5)

 

NAYS: M. Brown, B. Armstrong, M. Salih, J. Helmer, M. Cassidy, P. Hubert, S. Turner, T. Park (8)

 

Motion made by Councillor P. Squire and seconded by Councillor P. Hubert to Approve an amendment to the original part b) so that it now reads as follows:

 

b)         the proposed attached by-law BE INTRODUCED at a future meeting of the Municipal Council concurrent with the consideration of amendments to the Residential Rental Unit Licensing By-law to address the requirements associated with the secondary dwelling units, to amend the City of London Zoning By-law Z.-1, (in conformity with the Official Plan, as amended in part a) above), to provide secondary dwelling unit regulations to address such matters as location, scale and accessory structures, in accordance with the changes to the Planning Act;

 

Motion Passed

 

YEAS: M. Brown, M. van Holst, B. Armstrong, P. Squire, J. Morgan, P. Hubert, A. Hopkins, S. Turner, H.L. Usher (9)

 

NAYS: M. Salih, J. Helmer, M. Cassidy, T. Park (4)

 

Motion made by Councillor T. Park and seconded by Councillor S. Turner to Approve clause 22, as amended.

 


 

Motion Passed

 

YEAS: M. Brown, M. van Holst, B. Armstrong, M. Salih, J. Helmer, M. Cassidy, P. Squire, J. Morgan, P. Hubert, A. Hopkins, S. Turner, H.L. Usher, T. Park (13)

 

Clause 22, as amended, reads as follows:

 

That, on the recommendation of the Managing Director, Planning and City Planner, with respect to the application of the City of London, relating to an Official Plan Amendment to introduce new city-wide policies related to secondary dwelling units and for a Zoning By-law Amendment to introduce regulations related to secondary dwelling units, the following actions be taken:

 

a)         the proposed by-law appended to the staff report dated August 22, 2016 as Appendix "A" BE INTRODUCED at the Municipal Council meeting to be held on August 30, 2016 to, amend the City of London Official Plan to update secondary dwelling unit polices, to address such matters as location, scale, and accessory structures, in accordance with changes to the Planning Act;

 

b)         the proposed attached by-law BE INTRODUCED at a future meeting of the Municipal Council concurrent with the consideration of amendments to the Residential Rental Unit Licensing By-law to address the requirements associated with the secondary dwelling units, to amend the City of London Zoning By-law Z.-1, (in conformity with the Official Plan, as amended in part a) above), to provide secondary dwelling unit regulations to address such matters as location, scale and accessory structures, in accordance with the changes to the Planning Act;

 

c)         the amended policies for Secondary Dwelling Units in The London Plan, appended to the staff report dated August 22, 2016 as Appendix ‘C,’ BE ENDORSED by the Municipal Council and BE FORWARDED to the Minister of Municipal Affairs with the recommendation that these policies be incorporated through a modification to The London Plan; it being noted that changes to the Plan include policy 942 being deleted and being replaced with the revised policies appended to the staff report dated August 22, 2016; and,

 

d)         the Civic Administration BE DIRECTED to report back in one year after the proposed amendments have been made to the Residential Licensing By-law;

 

it being noted that the Planning and Environment Committee reviewed and received a communication dated August 18, 2016, from M.W. Melchers, Associate Lawyer, Cohen Highley Lawyers, 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 regarding this matter;

 

it being further noted that the Municipal Council approves this application after listening to extensive public participation and having extensive discussion whether or not the Near Campus Neighbourhoods should be included in the proposed amendments and further outlining the definitions.   (2016-D08)

 

Motion made by Councillor P. Squire to Approve clause 23.

 

23.

Beaufort/Irwin/Gunn/Saunby (BIGS) Neighbourhood Secondary Plan (O-8478) (Relates to Bill No. 310)

 

That, on the recommendation of the Managing Director, Planning and City Planner, the following actions be taken with respect to the Beaufort/Irwin/Gunn/ Saunby (BIGS) Neighbourhood Secondary Plan:

 

a)         the Beaufort/Irwin/Gunn/Saunby (BIGS) Neighbourhood Secondary Plan, appended to the staff report dated August 22, 2016 as Appendix “A” BE ADOPTED;

 

b)         the proposed by-law appended to the staff report dated August 22, 2016, BE INTRODUCED at the Municipal Council meeting to be held on August 30, 2016 to amend the Official Plan to:

 

i)              amend Chapter 20 – Secondary Plans BY ADDING “Beaufort/Irwin/Gunn/Saunby (BIGS) Neighbourhood Secondary Plan” to the list of Secondary Plans adopted by Council in Section 20.2 i) of the Official Plan for the City of London;

 

ii)             amend Chapter 20 – Secondary Plans BY ADDING the “Beaufort/Irwin/Gunn/ Saunby (BIGS) Neighbourhood Secondary Plan” adopted in clause a) above, as Section 20.9 – Beaufort/Irwin/Gunn/Saunby (BIGS) Neighbourhood Secondary Plan, to the Official Plan for the City of London;

 

iii)            TO ADD the naming and delineation of the “Beaufort/Irwin/Gunn/Saunby (BIGS) Neighbourhood Secondary Plan” to Schedule “D” – Planning Areas;

 

c)         the Beaufort/Irwin/Gunn/Saunby (BIGS) Neighbourhood Secondary Plan, appended to the staff report dated August 22, 2016, BE CONSIDERED as part of a future amendment to The London Plan after the approval of The London Plan by the Ministry of Municipal Affairs: to add the “Beaufort/Irwin/Gunn/Saunby (BIGS) Neighbourhood Secondary Plan” to the list of adopted Secondary Plans in policy 1565; and, to add the naming and delineation of the “Beaufort/Irwin/Gunn/Saunby (BIGS) Neighbourhood Secondary Plan” – to Map 7 – Special Policy Areas;

 

it being noted that the Planning and Environment Committee reviewed and received the following communications with respect to this matter:

 

·                     a communication dated August 17, 2016 from D. & T. Gonyou, 350 Wharncliffe Road North; and,

·                     a communication dated August 18, 2016, from Mrs. Majnaric, 62 Essex Street and K. Tonkovic, 58 Essex Street;

 

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 regarding this matter;

 

it being further noted that the Municipal Council approves this application for the following reasons:

 

·                     the recommended Official Plan amendments to include the text and schedules of the Beaufort/Irwin/Gunn/Saunby (BIGS) Neighbourhood Secondary Plan in the Official Plan are consistent with the Provincial Policy Statement with respect to managing and directing land use to achieve efficient and resilient development and land use patterns; facilitating intensification, redevelopment, and compact form, while avoiding or mitigating risks to public health and safety; and, providing an appropriate range and mix of housing types and densities;

·                     the recommended Official Plan amendments are consistent with the policies of the Official Plan that provide for the preparation of a Secondary Plan in instances where additional policy direction is desirable for the appropriate development of a defined area of the City. The recommended Official Plan amendments represent good planning as they have been developed and refined with significant community and property owner consultation. The secondary plan provides for a range of residential densities with a limited range of local commercial uses to serve the neighbourhood;

·                     the recommended Official Plan amendment is consistent with the Strategic Plan for the City of London 2015-2019, primarily the goal of promoting urban regeneration, by establishing policies for redevelopment within the built up area of the city;

·                     this is a good Plan and it has been developed over several years;

·                     key elements of this neighbourhood are being preserved;

·                     it is at the transitionary points where there is friction;

·                     this is how the neighbourhood has formed because we did not have this Plan in place previously; and,

·                     this is why there are sections of the neighbourhood that are so intensely developed.   (2016-D09)

 

Motion made by Councillor P. Squire and seconded by Councillor T. Park to Approve an amendment by adding at the end the words “it being also noted that the Municipal Council approves this application after listening to extensive public participation.”

 


 

Motion Passed

 

YEAS: M. Brown, M. van Holst, B. Armstrong, M. Salih, J. Helmer, M. Cassidy, P. Squire, J. Morgan, P. Hubert, A. Hopkins, S. Turner, H.L. Usher, T. Park (13)

 

Motion made by Councillor P. Squire and seconded by Councillor J. Morgan to Approve clause 23, as amended

 

Motion Passed

 

YEAS: M. Brown, M. van Holst, B. Armstrong, M. Salih, J. Helmer, M. Cassidy, P. Squire, J. Morgan, P. Hubert, A. Hopkins, S. Turner, H.L. Usher, T. Park (13)

 

Clause 23, as amended, reads as follows:

 

23.

Beaufort/Irwin/Gunn/Saunby (BIGS) Neighbourhood Secondary Plan (O-8478) (Relates to Bill No. 310)

 

That, on the recommendation of the Managing Director, Planning and City Planner, the following actions be taken with respect to the Beaufort/Irwin/Gunn/ Saunby (BIGS) Neighbourhood Secondary Plan:

 

a)         the Beaufort/Irwin/Gunn/Saunby (BIGS) Neighbourhood Secondary Plan, appended to the staff report dated August 22, 2016 as Appendix “A” BE ADOPTED;

 

b)         the proposed by-law appended to the staff report dated August 22, 2016, BE INTRODUCED at the Municipal Council meeting to be held on August 30, 2016 to amend the Official Plan to:

i)              amend Chapter 20 – Secondary Plans BY ADDING “Beaufort/Irwin/Gunn/Saunby (BIGS) Neighbourhood Secondary Plan” to the list of Secondary Plans adopted by Council in Section 20.2 i) of the Official Plan for the City of London;

 

ii)             amend Chapter 20 – Secondary Plans BY ADDING the “Beaufort/Irwin/Gunn/ Saunby (BIGS) Neighbourhood Secondary Plan” adopted in clause a) above, as Section 20.9 – Beaufort/Irwin/Gunn/Saunby (BIGS) Neighbourhood Secondary Plan, to the Official Plan for the City of London;

 

iii)            TO ADD the naming and delineation of the “Beaufort/Irwin/Gunn/Saunby (BIGS) Neighbourhood Secondary Plan” to Schedule “D” – Planning Areas;

 

c)         the Beaufort/Irwin/Gunn/Saunby (BIGS) Neighbourhood Secondary Plan, appended to the staff report dated August 22, 2016, BE CONSIDERED as part of a future amendment to The London Plan after the approval of The London Plan by the Ministry of Municipal Affairs: to add the “Beaufort/Irwin/Gunn/Saunby (BIGS) Neighbourhood Secondary Plan” to the list of adopted Secondary Plans in policy 1565; and, to add the naming and delineation of the “Beaufort/Irwin/Gunn/Saunby (BIGS) Neighbourhood Secondary Plan” – to Map 7 – Special Policy Areas;

 

it being noted that the Planning and Environment Committee reviewed and received the following communications with respect to this matter:

 

·                     a communication dated August 17, 2016 from D. & T. Gonyou, 350 Wharncliffe Road North; and,

·                     a communication dated August 18, 2016, from Mrs. Majnaric, 62 Essex Street and K. Tonkovic, 58 Essex Street;

 

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 regarding this matter;

 

it being further noted that the Municipal Council approves this application for the following reasons:

 

·                     the recommended Official Plan amendments to include the text and schedules of the Beaufort/Irwin/Gunn/Saunby (BIGS) Neighbourhood Secondary Plan in the Official Plan are consistent with the Provincial Policy Statement with respect to managing and directing land use to achieve efficient and resilient development and land use patterns; facilitating intensification, redevelopment, and compact form, while avoiding or mitigating risks to public health and safety; and, providing an appropriate range and mix of housing types and densities;

·                     the recommended Official Plan amendments are consistent with the policies of the Official Plan that provide for the preparation of a Secondary Plan in instances where additional policy direction is desirable for the appropriate development of a defined area of the City. The recommended Official Plan amendments represent good planning as they have been developed and refined with significant community and property owner consultation. The secondary plan provides for a range of residential densities with a limited range of local commercial uses to serve the neighbourhood;

·                     the recommended Official Plan amendment is consistent with the Strategic Plan for the City of London 2015-2019, primarily the goal of promoting urban regeneration, by establishing policies for redevelopment within the built up area of the city;

·                     this is a good Plan and it has been developed over several years;

·                     key elements of this neighbourhood are being preserved;

·                     it is at the transitionary points where there is friction;

·                     this is how the neighbourhood has formed because we did not have this Plan in place previously; and,

·                     this is why there are sections of the neighbourhood that are so intensely developed;

 

it being also noted that the Municipal Council approves this application after listening to extensive public participation.  (2016-D09)

 

Motion made by Councillor B. Armstrong and seconded by Councillor T. Park to Approve that Council recess.

 

Motion Passed

 

The Council recesses at 6:26 PM and reconvenes at 7:14 PM with Mayor M. Brown in the Chair and all Members present except Councillors V. Ridley and J. Zaifman.

 

Motion made by Councillor T. Park to Approve clause 24.

 

24.

Tree Protection By-law (Relates to Bill No. 313 and Bill No. 314)

 

That on the recommendation of the Managing Director, Planning and City Planner the following actions be taken with respect to the Tree Protection By-law:

 

a)         the revised, attached, by-law BE INTRODUCED at the Municipal Council meeting to be held on August 30, 2016, to repeal By-law C.P.1466-249, being “A by-law to prohibit and regulate the destruction or injuring of trees in the City of London” and replace it with a new Tree Protection By-law; it being noted that the definition "Distinctive tree" BE AMENDED to read 50 cm instead of 75 cm; it being further noted that Section 13.3 BE AMENDED to remove the reference to 3 years;

 

b)         the Civic Administration BE DIRECTED to remove the relevant fees relating to the current Tree Conservation By-law in the annual update of the Various Fees and Charges By-law and to add the fees identified in “Schedule A – Permit Fees” and “Schedule B – Schedule of Cash Contribution in Lieu of Off-site Tree Planting” in the new Tree Protection By-law as amended in the above-noted clause;

 

c)         the proposed by-law appended to the staff report dated August 22, 2016, as Appendix "B" BE INTRODUCED at the Municipal Council meeting to be held on August 30, 2016, to designate Inspectors and Officers for the purpose of enforcing the Tree Protection By-law;

 

d)         the Civic Administration BE DIRECTED to direct fees, fines and tree planting funds collected under the Tree Protection By-law into appropriate accounts established specifically for tree planting and urban forest management; and,

 

e)         the Civic Administration BE DIRECTED to monitor the implementation of the Tree Protection By-law and provide a status report and any recommended amendments to the By-law within a period of one year;

 

 

it being noted that the Planning and Environment Committee reviewed and received a communication from J. Kennedy, President, London Development Institute, 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 regarding this matter.  (2016-E04)

 

Motion made by Councillor M. van Holst and seconded by Councillor P. Squire to Approve an amendment to part a) so that it now reads “the Civic Administration BE DIRECTED to bring forward a revised by-law at a future meeting of Municipal Council, incorporating an amendment to the proposed by-law to exempt individual trees located on lands of individual(s) primary residence;”.

 

Motion made by Councillor H.L. Usher and seconded by Councillor J. Helmer to that Council rise and go into Council, In Closed Session, for the purpose of considering a matter pertaining to advice that is subject to solicitor-client privilege, including communications necessary for that purpose, and for the purpose of providing instructions and directions to officers and employees of the Corporation pertaining to proposed changes to the Tree Conservation By-law.

 

Motion Passed

 

YEAS: M. van Holst, B. Armstrong, M. Salih, J. Helmer, M. Cassidy, J. Morgan, A. Hopkins, H.L. Usher (8)

 

NAYS: M. Brown, P. Squire, P. Hubert, S. Turner, T. Park (5)

 

The Council rises and goes into the Council, In Closed Session, at 7:50 PM, with Mayor M. Brown in the Chair and all Members present except Councillors V. Ridley and J. Zaifman.

 

The Council, In Closed Session, rises at 7:58 PM and Council reconvenes at 7:59 PM, with Mayor M. Brown in the Chair and all Members present except Councillors V. Ridley and J. Zaifman.

 

The motion to Approve the amendment to part a) so that it now reads “the Civic Administration BE DIRECTED to bring forward a revised by-law at a future meeting of Municipal Council, incorporating an amendment to the proposed by-law to exempt individual trees located on lands of individual(s) primary residence;” is put.

 

Motion Failed

 

YEAS: M. van Holst, M. Salih, P. Squire, J. Morgan, H.L. Usher (5)

 

NAYS: M. Brown, B. Armstrong, J. Helmer, M. Cassidy, P. Hubert, A. Hopkins, S. Turner, T. Park (8)

 

Motion made by Councillor T. Park and seconded by Councillor S. Turner to Approve reconsideration of the vote on the proposed amendment to part a) of clause 24.

 

Motion Passed

 

YEAS: M. Brown, M. van Holst, B. Armstrong, M. Salih, J. Helmer, M. Cassidy, P. Squire, J. Morgan, P. Hubert, A. Hopkins, S. Turner, H.L. Usher, T. Park (13)

 

Motion made by Councillor M. van Holst and seconded by Councillor P. Squire to Approve an amendment to part a) so that it now reads “the Civic Administration BE DIRECTED to bring forward a revised by-law at a future meeting of Municipal Council, incorporating an amendment to the proposed by-law to exempt individual trees located on lands of individual(s) primary residence;”.

 

Motion Failed

 

YEAS: M. van Holst, P. Squire, H.L. Usher (3)

 

NAYS: M. Brown, B. Armstrong, M. Salih, J. Helmer, M. Cassidy, J. Morgan, P. Hubert, A. Hopkins, S. Turner, T. Park (10)

 

Motion made by Councillor T. Park and seconded by Councillor P. Hubert to Approve part a) of clause 24.

 

Motion Passed

 

YEAS: M. Brown, B. Armstrong, M. Salih, J. Helmer, M. Cassidy, P. Hubert, A. Hopkins, S. Turner, T. Park (9)

 

NAYS: M. van Holst, P. Squire, J. Morgan, H.L. Usher (4)

 

Motion made by Councillor T. Park to Approve the balance of clause 24.

 

Motion Passed

 

YEAS: M. Brown, B. Armstrong, M. Salih, J. Helmer, M. Cassidy, P. Squire, J. Morgan, P. Hubert, A. Hopkins, S. Turner, H.L. Usher, T. Park (12)

 

NAYS: M. van Holst (1)

 

 

10th Report of the Community and Protective Services Committee

Councillor B. Armstrong presents.

 

Motion made by Councillor B. Armstrong to Approve clauses 1 to 9, excluding clause 7.

 

1.

Disclosures of Pecuniary Interest

 

That it BE NOTED that no pecuniary interests were disclosed.

 

2.

7th Report of the London Diversity and Race Relations Advisory Committee

 

That the 7th Report of the London Diversity and Race Relations Advisory Committee, from its meeting held on July 21, 2016, BE RECEIVED.

 

3.

No. 11 Fire Station Project No. F011-PP1088 Tender No. T16-67

 

That, on the recommendation of the Fire Chief, with the concurrence of the Managing Director of Neighbourhood, Children and Fire Services, the following actions be taken with respect to Project No. F011-PP1088, Tender No. T16-67, No. 11 Fire Station:

 

a)         the bid submitted by Aveiro Constructors Limited, 40 Hudson Drive, Dorchester, Ontario N0L 1G5, in the amount of $2,094,000.00 (HST excluded) for the No. 11 Fire Station Relocation, BE APPROVED; it being noted that this is an Irregular Result under Section 8.10(a) of the Procurement of Goods and Services Policy;

 

b)         the financing for the above-noted project BE APPROVED as set out in the Sources of Financing Report, appended to the staff report dated August 23, 2016;

 

c)         the Civic Administration BE AUTHORIZED to undertake all the administrative acts which are necessary in connection with this project;

 

d)         the approval given herein BE CONDITIONAL upon the Corporation entering into a formal contract with the contractor for the work; and,

 

e)         the Mayor and the City Clerk BE AUTHORIZED to execute any contract or other documents, if required, to give effect to these recommendations.  (2016-F18)

 

4.

Approval of the Service Manager Administration Agreement for the 2016 Social Infrastructure Fund (SIF) for Survivors of Domestic Violence Portable Housing Benefit Policy (SDV-PHBP) (Relates to Bill No.305)

 

That, on the recommendation of the Managing Director of Housing, Social Services, and Dearness Home, the proposed by-law appended to the staff report dated August 23, 2016, with respect to the City of London’s participation in the provincial Survivors of Domestic Violence Portable Housing Benefit Pilot (SDV-PHBP), under the 2016 Social Infrastructure Fund (SIF), BE INTRODUCED at the Municipal Council meeting on August 30, 2016 to:

 

 

a)         approve the agreement between The Corporation of the City of London and the Minister of Housing, substantially in the form of the agreement appended to the by-law as Schedule 1 and to the satisfaction of the City Solicitor, to administer the SDV-PHBP; and

 

b)         authorize the Mayor and the City Clerk to execute the said agreement and assignments in a form satisfactory to the City Solicitor.  (2016-L04A)

 

5.

Contract Extension: C11-119 Cold Beverage Vending at City Facilities

 

That, on the recommendation of the Managing Director of Parks and Recreation, the following actions be taken with respect to cold beverage vending at various City of London facilities:

 

a)         an extension, not to exceed six (6) months, to the current contract with PepsiCo Beverages Canada (September 15, 2016 to March 15, 2017) BE APPROVED, in order to allow the Civic Administration additional time to review beverage vending options; and

 

b)         the Civic Administration BE AUTHORIZED to undertake all administrative acts which are necessary in connection with the contract extension approved in part a), above.  (2016-L04)

 

6.

7th Report of the Accessibility Advisory Committee

 

That the following actions be taken with respect to the 7th Report of the Accessibility Advisory Committee (ACCAC), from its meeting on July 28, 2016:

 

a)         the following actions be taken with respect to the Built Environment and Facilities Sub-Committee report, from its meeting held on July 11, 2016:

 

i)          the following actions be taken with respect to the document providing a review of intersections relating to the prioritization of audible pedestrian signals appended to the July 11, 2016 Report of the Built Environment and Facilities Sub-Committee:

 

A)        the above-noted document BE FORWARDED to the Division Manager, Roadway Lighting and Traffic Control for information; and,

 

B)        the Division Manager, Roadway Lighting and Traffic Control BE REQUESTED to report back to the ACCAC advising whether or not the intersections noted in the above-noted document are being reprioritized and the rationale for the decisions;

 

ii)         the Civic Administration BE REQUESTED to review the following concerns with respect to any proposed changes that are being considered to the Facilities Accessibility Design Standards (FADS) as they relate to its scope and the inclusion or the separation of outdoor space requirements:

 

A)        as the FADS definition of “Facility” includes “buildings, structures, site improvement, complexes, equipment, roads, walks, passageways, parks, parking lots or other real or personal property located on a site”, the FADS must adequately address all spaces noting that outdoor spaces should not be removed or left to stand alone as a separate document and further noting that the 2007 version of FADS (Clause 4.5.2) “Outdoor Recreational Facilities” includes this in the general design performance statements. Further noting that these outdoor spaces were included within that document based on the  rationale that opportunities for recreation, leisure, and sport activities should be available to all members of the community;

 

B)        as the FADS is used as a comprehensive resource tool for many municipality’s beyond our City and that it is, by design, a user-friendly single-source compilation of several accessibility reference documents (Re: O Reg 191/11, O Reg 413/12, CSA-Z614 Annex H, and O.B.C.), it is imperative that it remains as a singular focused document for accessibility throughout all aspects of our City, whether indoors or outdoors space;

  

C)        with regards to outdoor spaces in particular, many design-requirement aspects of the existing FADS could be enhanced or improved-upon with an updated document; in particular, the ACCAC has gone to great lengths since the 2007 version, to address design concerns with parking, sidewalks, community gardens, playgrounds, and recreational trails and pathways, as these matters had not yet been considered in detail within the 2007 version of FADS; and,

 

D)        the expected timeline for completion of a new FADS document in early 2017 is of concern as the timelines restricts the ability to adequately address the complexity of design requirements for outdoor spaces within that timeframe. Noting that it is recommended that the scope of the revised document is to be expanded upon to be more inclusive of outdoor spaces and recognizing that the task of including the many details for outdoor spaces may be considerable and given the timeline may not be achievable.   ACCAC is concerned that in an effort to achieve the suggested timeline, important design requirements of outdoor spaces may remain simply as-is with “general recommendations” only, which may then not be addressed again for many years.  It is recommended that if outdoor spaces are to be included in the FADS, with focus and detail, the expected timeline for completion may need to be extended “as long as necessary” for staff to provide an effective document for ACCAC to review. (as per ACCAC’s 2016 Work Plan); and,

 

 iii)        the Municipal Council BE REQUESTED to review the timeline expectation for the completion of the review and proposed revisions to the FADS;

 

b)          the following actions be taken with respect to the report of the Policy Sub-Committee from its meeting held on July 4, 2016:

 

            i)          the Civic Administration BE REQUESTED to undertake the following actions with respect to the Accessibility for Ontarians with Disabilities Act (AODA) requirements for websites to be accessible:

 

 A)       investigate options to provide captioning on all pre-recorded video content on the City of London website; it being noted that once the “live” video is archived it is no longer considered “live” and, as of January 1, 2014, it is required to be captioned as per the AODA;

 

B)        investigate options to provide captioning to all televised Municipal Council sessions, in accordance with Canadian Radio Television and Telecommunications Commission (CRTC) regulations for broadcast captioning effective Sept 1, 2012;

 

C)        investigate options to provide captioning at a standard higher than that available through current automated software for live web broadcasts or streaming; it being noted that other communities across Southern Ontario are implementing or enhancing existing captioning options; it being further noted that at least one community in Ontario has been subject to a lawsuit over failure to provide captioning on televised council broadcasts; and,

 

D)        report back to the ACCAC on options available and intended courses of action relating to the above-noted recommendations;

 

 

            ii)         the Civic Administration BE REQUESTED to attend a future meeting of the Accessibility Advisory Committee to outline how the Civic Administration and the London Police Services works together with respect to addressing high risk traffic areas to allow the ACCAC to better understand existing practices and data and how that information may be used to help prevent accidents, injuries and acquired disabilities within the City of London; and,

 

            iii)         Minister T. MacCharles, Minister of Accessibility, BE REQUESTED to attend a future meeting of the ACCAC to provide an update to the ACCAC on the Province’s vision for Accessibility and how London can best align its new practices with Provincial initiatives;

 

c)         the City Clerk BE REQUESTED to undertake recruitment efforts for the Accessibility Advisory Committee (ACCAC) Resource Member vacancies as follows:

 

·                     Employment Sector;

·                     Health Practitioner;

·                     Mental Health Sector;

·                     Housing Sector; and,

·                     London District Catholic School Board;

 

it being noted that working with the Civic Administration to fill Non-Voting Resource Member positions is identified in the 2016 Accessibility Advisory Committee Work Plan; it being further noted that the ACCAC received a communication dated July 14, 2016, from M. Dawthorne, with respect to this matter;

 

d)         clauses 10 to 13 BE REFERRED to the Civic Administration for review; and

 

e)         clauses 1, 3, 5 to 9, and 14 BE RECEIVED.

 

it being noted that the Community and Protective Services Committee received a verbal delegation from M. Dawthorne, J. Sanders and M. Cairns, ACCAC, with respect to this matter.

 

 

8.

Deferred Matters List

 

That the August 2016 Deferred Matters List for the Community and Protective Services Committee (CPSC) BE RECEIVED and BE UPDATED; it being noted that items 1, 5, 9 and 12 will be removed. 

 

9.

8th Report of the Animal Welfare Advisory Committee

 

That the following actions be taken with respect to the 8th Report of the Animal Welfare Advisory Committee, from its meeting held on August 4, 2016:

 

a)         the Civic Administration BE REQUESTED to consider the attached feedback with respect to the staff report dated July 19, 2016 from J. Parsons, Division Manager, Transportation and Roadside Operations, entitled “Humane Urban Wildlife Conflict Policy: Forestry Operations Wildlife Protocol”;

 

b)         the Civic Administration BE REQUESTED to provide additional information with respect to the business licensing of pet stores; it being noted that Animal Welfare Advisory Committee received the staff report dated June 21, 2016, from G. Kotsifas, Managing Director, Development and Compliance Services and Chief Building Official, with respect to this matter;

 

c)         the Civic Administration BE REQUESTED to consider the attached recommendations with respect to a proposed no feeding wildlife by-law and the attached strategies for the management of Canada Geese on City of London parkland and golf courses; and,

 

d)         clauses 1 to 7, 9, 10 and 12 BE RECEIVED.

 

Motion Passed

 

YEAS: M. Brown, M. van Holst, B. Armstrong, M. Salih, J. Helmer, M. Cassidy, P. Squire, J. Morgan, P. Hubert, A. Hopkins, S. Turner, H.L. Usher, T. Park (13)

 

Councillor S. Turner leaves the meeting at 8:32 PM.

 

Motion made by Councillor B. Armstrong to Approve clause 7.

 

7.

Informal Residential Care Facility Licensing By-law (Relates to Bill No. 308)

 

That, on the recommendation of the Managing Director, Development & Compliance Services and Chief Building Official, the Informal Residential Care Facility Licensing By-law, as appended to the staff report dated August 23, 2016, BE INTRODUCED at the Municipal Council Meeting on August 30, 2016, to provide for the licensing and regulation of informal residential care facilities and services in the City of London;

 

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 regarding this matter.  (2016-S11)

 

Motion Passed

 

YEAS: M. Brown, M. van Holst, B. Armstrong, M. Salih, J. Helmer, M. Cassidy, P. Squire, J. Morgan, P. Hubert, A. Hopkins, H.L. Usher, T. Park (12)

 

Councillor S. Turner enters the meeting at 8:35 PM.

 

 

19th Report of the Corporate Services Committee

Councillor J. Morgan presents.

 

Motion made by Councillor J. Morgan to Approve clauses 1 to 9, excluding clauses 6 and 8.

 

1.

Disclosures of Pecuniary Interest

 

That it BE NOTED that no pecuniary interests were disclosed.

 

2.

Amendments to Council Policy Manual Review and Update of "Chapter 20 - Realty Services" (Relates to Bill No.'s 302 & 303)

 

That, on the recommendation of the Managing Director, Corporate Services and City Treasurer, Chief Financial Officer, on the advice of the Manager of Realty Services, in order to update “Chapter 20 – Property” of the Council Policy Manual, the following actions be taken:

 

a)         the proposed by-law attached to the staff report dated August 23, 2016 as Appendix “A” BE INTRODUCED at the Municipal Council meeting on August 30, 2016 to repeal and replace “Chapter 20 – Property” of the Council Policy Manual; and

 

b)         the proposed by-law attached to the staff report dated August 23, 2016 as Appendix “B” BE INTRODUCED at the Municipal Council meeting on August 30, 2016 to repeal and replace Schedule “A” – Sale and Other Disposition of Land Policy to By-law No. A.-6151-17, being “A By-law to establish policies for the sale and other disposition of land, hiring of employees, procurement of goods and services, public notice, accountability and transparency, and delegation of powers and duties, as required under section 270(1) of the Municipal Act, 2001.

 

3.

Declare Surplus - Closed Road Allowance - Part of Cedarpark Crescent and all of Kilcrest Way

 

That, on the recommendation of the Managing Director, Corporate Services and City Treasurer, Chief Financial Officer, on the advice of the Manager of Realty Services, the following actions be taken with respect to the closed road allowance on Cedarpark Crescent and all of the closed road allowance on Kilcrest Way, described as Block 149 and Block 152, Plan 33M-580, containing an area of approximately 14,811 square feet (1,376 square meters):

 

a)         the subject property BE DECLARED surplus; and

 

b)         the subject property BE TRANSFERRED to the Thames Valley District School Board.

 

4.

Ontario150 Program Applications

 

That, on the recommendation of the Director, Community & Economic Innovation, the following actions be taken with respect to the Ontario150 Programs:

 

a)         the following projects BE SUPPORTED as the City of London’s submission for Ontario150 funding:

 

i)          ‘Youth Leadership Skills Program’ for the Ontario150 Partnership Program;

 

ii)         ‘London Celebrates SESQUI’ and ‘A Year of Birthday Parties on Dundas Street’ for the Ontario150 Community Celebration Program;

 

iii)         ‘Community Kitchen Project’ for the Ontario150 Community Capital Program; and

 

b)         the Civic Administration BE DIRECTED to take all necessary steps to submit the City of London’s application for funding in advance of the program deadline.

 

5.

Annual MP and MPP Meetings

 

That, on the recommendation of the Director, Community & Economic Innovation, the staff report dated August 23, 2016 regarding upcoming Corporate Services Committee meetings with London’s Members of Parliament (MPs) and Members of Provincial Parliament (MPPs) BE RECEIVED for information.

 

7.

London Brewing Co-operatives Liquor Sales Licence Application

 

That the application of the London Brewing Co-operatives Inc. for a Manufacturer’s Limited Liquor Sales License, from the Alcohol and Gaming Commission of Ontario, for the purpose of serving beer for consumption by patrons at its manufacturing site, BE SUPPORTED.

 

9.

Appointment to the London Hydro Board of Directors (Relates to Bill No. 337)

 

That, on the recommendation of the Corporate Services Committee, the attached by-law (Attachment “A”) BE INTRODUCED at the Municipal Council meeting to be held August 30, 2016 to:

 

a)         ratify and confirm the Resolution of the Shareholder of London Hydro Inc., attached as Schedule “A” to the by-law; and

 

b)         authorize the Mayor and the City Clerk to execute the Resolution of the Shareholder of London Hydro Inc. attached as Schedule “A” to the by-law;

 

it being noted that J. Smit was appointed in accordance with the attached ranked ballot.

 

Motion Passed

 

YEAS: M. Brown, M. van Holst, B. Armstrong, M. Salih, J. Helmer, M. Cassidy, P. Squire, J. Morgan, P. Hubert, A. Hopkins, S. Turner, H.L. Usher, T. Park (13)

 

Motion made by Councillor J. Morgan to Approve clause 6.

 

6.

Proposed Amendment to Council Procedure By-law - Acting Mayor (Relates to Bill No. 304)

 

That the attached revised proposed by-law BE INTRODUCED at the Municipal Council meeting to be held on August 30, 2016 to amend the Council Procedure By-law, By-law No. 50, to permit the Mayor to select an Acting Mayor in the absence/unavailability of the Mayor and Deputy Mayors;

 

it being noted that there were no members of the public in attendance at the public participation meeting associated with this matter, to speak before the Corporate Services Committee.

 

Motion Passed

 

YEAS: M. Brown, B. Armstrong, M. Salih, J. Helmer, M. Cassidy, P. Squire, J. Morgan, P. Hubert, A. Hopkins, S. Turner, H.L. Usher, T. Park (12)

 

NAYS: M. van Holst (1)

 

Motion made by Councillor J. Morgan to Approve clause 8.

 

8.

Federation of the Canadian Municipalities

 

That Councillor T. Park BE APPOINTED as Councillor Zaifman's designate to attend various Federation of Canadian Municipalities (FCM) meetings during his medical absence; it being understood that he would resume his role with FCM as soon as he is able to do so.

 

Motion made by Councillor P. Hubert and seconded by Councillor T. Park to Approve that clause 8 be amended to read as follows:

 

That the Mayor BE DIRECTED to write to the President of the Federation of Canadian Municipalities (FCM) to request that Councillor T. Park be appointed to attend various FCM meetings in place of Councillor J. Zaifman, until such time as Councillor Zaifman is able to resume his full duties.

 

Motion Passed

 

YEAS: M. Brown, M. van Holst, B. Armstrong, M. Cassidy, P. Squire, J. Morgan, P. Hubert, A. Hopkins, S. Turner, H.L. Usher, T. Park (11)

 

NAYS: M. Salih, J. Helmer (2)

 

Motion made by Councillor P. Hubert and seconded by Councillor S. Turner to Approve clause 8, as amended.

 

Motion Passed

 

YEAS: M. Brown, M. van Holst, B. Armstrong, M. Cassidy, P. Squire, J. Morgan, P. Hubert, A. Hopkins, S. Turner, H.L. Usher, T. Park (11)

 

NAYS: M. Salih, J. Helmer (2)

 

Clause 8, as amended, reads as follows:

 

That the Mayor BE DIRECTED to write to the President of the Federation of Canadian Municipalities (FCM) to request that Councillor T. Park be appointed to attend various FCM meetings in place of Councillor J. Zaifman, until such time as Councillor Zaifman is able to resume his full duties.

 

 

12th Report of the Civic Works Committee

Councillor J. Helmer presents.

 

Motion made by Councillor J. Helmer to Approve clauses 1 to 17, excluding clause 7.

 

1.

Disclosures of Pecuniary Interest

 

That it BE NOTED that no pecuniary interests were disclosed.

 

2.

8th Report of the Cycling Advisory Committee

 

That the 8th Report of the Cycling Advisory Committee from its meeting held on July 20, 2016, BE RECEIVED.

 

3.

Single Source Purchase of Turbo Blowers for the Greenway Wastewater Treatment Plant

 

That, on the recommendation of the Managing Director of Environmental and Engineering Services and City Engineer, the following actions be taken with respect to the single source purchase of APG-Neuro blowers for the Greenway wastewater treatment plant:

 

a)         the price submitted by APG-Neuros of $2,240,000.00, excluding H.S.T., for the supply of 6 blowers and associated components, BE ACCEPTED; 

 

b)         the financing for these acquisitions BE APPROVED as set out in the Sources of Financing Report appended to the staff report dated August 22, 2016, as Appendix "A";

 

c)         the Civic Administration BE AUTHORIZED to undertake all administrative acts that are necessary in connection with this project;

 

d)         the approvals given herein BE CONDITIONAL upon the Corporation entering into a formal contract for the work to be done relating to this project; and,

 

e)         the Mayor and the City Clerk BE AUTHORIZED to execute any contract or other documents, if required, to give effect to these recommendations.  (2016-F18)

 


 

4.

Appointment of Consultant: Detailed Design and Construction Administration for the Applegate Stormwater Management Facility Retrofit

 

That, on the recommendation of the Managing Director, Environmental and Engineering Services and City Engineer, the following actions be taken with respect to the appointment of a consultant for the detailed design and construction administration associated with the Applegate Stormwater Management (SWM) Facility retrofit (ES6089 & ES2428-14):

 

a)         IBI Group, BE APPOINTED Consulting Engineers to complete the detailed design and construction administration, including geotechnical services, in the total amount of $116,510.90, including contingency, excluding H.S.T., in accordance with the estimate on file, which is based upon the Fee Guideline for Professional Engineering Services, 2015, recommended by the Ontario Society of Professional Engineers,  and in accordance with Section 15.2 (g) of the Procurement of Goods and Services Policy;

 

b)         the financing for these works BE APPROVED in accordance with the Sources of Financing Report appended to the staff report dated August 22, 2016, as Appendix “A”;

 

c)         the Civic Administration BE AUTHORIZED to undertake all the administrative acts that are necessary in connection with this work;

 

d)         the approvals given herein BE CONDITIONAL upon the Corporation entering into a  formal contract with this consultant for the work; and,

 

e)         the Mayor and the City Clerk BE AUTHORIZED to execute any contract or other documents, if required, to give effect to these recommendations.  (2016-A05)

 

5.

Contract Award Tender No. 16-60 - Hyde Park Pumping Station-Electrical and Pump Upgrades

 

That, on the recommendation of the Managing Director, Environmental and Engineering Services and City Engineer, the following actions be taken with respect to the award of the contract for Hyde Park Pumping Station – Electrical and Pump Upgrades project:

 

a)         the bid submitted by Selectra Inc. (Selectra), at its tendered price of $343,269.00, excluding H.S.T., BE ACCEPTED; it being noted that the bid submitted by Selectra was the lowest of 5 bids received and meets the City's specifications and requirements in all areas;

 

b)         the financing for this project BE APPROVED as set out in the Sources of Financing Report appended to the staff report dated August 22, 2016, as Appendix "A";

 

c)         the Civic Administration BE AUTHORIZED to undertake all the administrative acts that are necessary in connection with this project;

 

d)         the approval given herein BE CONDITIONAL upon the Corporation entering into a formal contract or issuing a purchase order for the material to be supplied and the work to be done relating to this project (Tender 16-60); and,

 

e)         the Mayor and the City Clerk BE AUTHORIZED to execute any contract or other documents, if required, to give effect to these recommendations.   (2016-F18)

 

6.

Water and Erosion Control Infrastructure (WECI) Program: 2016 Provincially Approved Project Funding  - Sole Sourced

 

That, on the recommendation of the Managing Director Environmental and Engineering Services and City Engineer, the following actions be taken with respect to City of London’s contribution to infrastructure funded through the Ministry of Natural Resources and Forestry’s Water and Erosion Control Infrastructure capital cost share program:

 

a)         the Upper Thames River Conservation Authority BE AUTHORIZED to carry out the following projects in concert with the City in the total amount of $2,171,500.00, including contingency, excluding H.S.T.; it being noted that the requirements of this provincial funding program are unique, in that only conservation authorities can apply, requiring 14.3.a) of the Procurement of Goods and Services Policy:

 

i)          West London Dykes Phases 3 - 9 Design;

ii)          London Earth Dykes Preliminary Engineering Feasibility;

iii)         Fanshawe Dam Transformer Station and Standby Generator Replacement;

iv)        West London Dyke Phase 3 Construction;

v)         Broughdale Dyke Environmental Assessment;

vi)        Riverview Dyke Environmental Assessment;

vii)        Interim Repairs Broughdale & Clarence-Nelson;

viii)       Fanshawe Motor Control Centre Replacement;

ix)        Fanshawe Dam Operation and Maintenance Schedule Manual;

x)         Fanshawe Dam Paint Phase 4 - pre-engineering; and,

 

b)         the financing for this work BE APPROVED as set out in the Sources of Financing Report appended to the staff report dated August 22, 2016, as Appendix "A"; and,

 

c)         the Civic Administration BE AUTHORIZED to undertake all the administrative acts that are necessary in connection with this work.  (2016-E08)

 

8.

Provincial Maintenance Standards for Municipal Highways - Proposed Amendments 2016

 

That, on the recommendation of the Managing Director of Environmental and Engineering Services and City Engineer, the comments included in the staff report dated August 22, 2016, with respect to the proposed amendments to the Provincial Maintenance Standards for Municipal Highways, BE ENDORSED and BE SUBMITTED to the Ontario Good Roads Minimum Maintenance Standards Task Force; it being noted that the due date for comments is September 2, 2016.  (2016-T04)

 

9.

Amendments to the Traffic and Parking By-law (Relates to Bill No. 315)

 

That, on the recommendation of the Managing Director, Environmental and Engineering Services and  City Engineer, the proposed by-laws appended to the staff report dated August 22, 2016 as Appendix "A", BE INTRODUCED at the Municipal Council meeting to be held on August 30, 2016 for the purpose of amending the Traffic and Parking By-law (P.S. 111).(2016-T08)

 

10.

Draft Coloured Crosswalk Policy (Relates to Bill No. 306)

 

That the staff report dated August 22, 2016 from the Managing Director, Environmental and Engineering Services and City Engineer, with respect to a draft Coloured Crosswalk Policy, BE REFERRED to the Accessibility Advisory Committee, the London Diversity and Race Relations Advisory Committee and the Transportation Advisory Committee for review and comment.  (2016-M02)

 

11.

Street Boundary Feature Ownership and Maintenance Policy (Relates to Bill No. 307)

 

That, on the recommendation of the Managing Director, Environmental and Engineering Services and City Engineer, the proposed by-law appended to the staff report dated August 22, 2016 as Appendix "A", BE INTRODUCED at the Municipal Council meeting to be held on August 30, 2016, to adopt a policy for administratively determining ownership and the responsibility for maintenance of street boundary features located along the limits of City-owned road allowances for such things as fences, noise barrier walls and retaining walls.  (2016-T06)

 

12.

Amendment to the Traffic and Parking By-law to Address Safety Issues During the Western Fair (Relates to Bill No. 316)

 

That, on the recommendation of the Managing Director, Environmental and Engineering Services and City Engineer, the proposed by-law appended to the staff report as Appendix "A", BE INTRODUCED at the Municipal Council meeting to be held on August 30, 2016 for the purpose of amending the Traffic and Parking By-law (P.S. 111).  (2016-T08)

 

13.

Corporate Energy Management Program Update

 

That, on the recommendation of the Managing Director, Environment and Engineering Services and City Engineer and the Managing Director, Corporate Services and City Treasurer, Chief Financial Officer, the staff report dated August 22, 2016, providing an update on the Corporate Energy Management Program, BE RECEIVED for information.  (2016-E17)

 

14.

Ontario's Climate Change Action Plan - Initial Impact and Alignment with London's Current Plans, Programs and Projects

 

That, on the recommendation of the Director of Environment, Fleet and Solid Waste, the staff report dated August 22, 2016, with respect to the initial impact and alignment of Ontario’s new Climate Change Action Plan with London’s current plans, programs and projects BE RECEIVED for information.  (2016-E05)

 

15.

Unlidded Garbage Bins

 

That the Civic Works Committee received a communication dated August 22, 2016, from Councillor V. Ridley, with respect to unlidded garbage containers. 

 

16.

Deferred Matters List

 

That the Civic Works Committee Deferred Matters List, as at July 26, 2016, BE RECEIVED.

 

17.

Amendments to the Traffic and Parking By-law

 

That it BE NOTED that the Civic Works Committee received the attached communication dated August 22, 2016, from Councillor V. Ridley, extending her appreciation with respect to amendments to the Traffic and Parking By-law to reduce speed limits in school zones.(2016-T08)

 

Motion Passed

 

YEAS: M. Brown, M. van Holst, B. Armstrong, M. Salih, J. Helmer, M. Cassidy, P. Squire, J. Morgan, P. Hubert, A. Hopkins, S. Turner, H.L. Usher, T. Park (13)

 

Motion made by Councillor J. Helmer to Approve clause 7.

 

7.

Rapid Transit Environmental Assessment Study Consulting Fees Amendment

 

That, on the recommendation of the Managing Director, Environmental and Engineering Services and City Engineer, the following actions be taken to respect to the consultant assignment for the Rapid Transit Corridors Environmental Assessment:

           

a)         the consulting fees for IBI Group, BE INCREASED  by the amount of $1,628,586.00, excluding H.S.T., to complete the Rapid Transit Corridors EA for the north and east corridors, in accordance with Section 15.2 (g) of the Procurement of Goods and Services Policy;

 

b)         the financing for this project BE APPROVED as set out in the Sources of Financing Report appended to the staff report as Appendix "A";

 

c)         the Civic Administration BE AUTHORIZED to undertake all the administrative acts that are necessary in connection with this project; and,

 

d)         the Mayor and the City Clerk BE AUTHORIZED to execute any contract or other documents, if required, to give effect to these recommendations.   (2016-F18)

 

Motion Passed

 

YEAS: M. Brown, M. van Holst, B. Armstrong, M. Salih, J. Helmer, M. Cassidy, J. Morgan, P. Hubert, A. Hopkins, S. Turner, H.L. Usher, T. Park (12)

 

NAYS: P. Squire (1)

 


 

IX

ADDED REPORTS

 

 

19th Report of the Strategic Priorities and Policy Committee

Councillor P. Hubert presents.

 

Motion made by Councillor P. Hubert to Approve clauses 1 to 8

 

1.

Disclosures of Pecuniary Interest

 

That it BE NOTED that no pecuniary interest were disclosed.

 

2.

STAFF REPORT - Debt Management Policy

 

That, on the recommendation of the Managing Director, Corporate Services and City Treasurer, Chief Financial Officer, the proposed by-law attached to the staff report dated August 29, 2016 as Appendix “A” BE INTRODUCED at the Municipal Council meeting on August 30, 2016 to enact a Debt Management Policy.  

 

3.

STAFF REPORT - 2017 Budget Schedule

 

That the following actions be taken with respect to the 2017 Budget update:

 

a)         the 2017 Budget dates BE APPROVED as contained in the staff report dated August 29, 2016; and,

 

b)         the Managing Director, Corporate Services and City Treasurer, Chief Financial Officer BE DIRECTED to report back at a future meeting of the Strategic Priorities and Policy Committee, prior to the meeting at which the Budget updates are to be tabled, with detailed information regarding the format and process staff is proposing for Multi-Year Budget updates.

 

4.

STAFF REPORT - 2019 Development Charge Study - Policy Review Scoping Report

 

That on the recommendation of the Managing Director, Corporate Services and City Treasurer, Chief Financial Officer, the following policy issues BE ENDORSED for review as part of the 2019 Development Charges (DC) Background Study:

 

a)         area rating (examining differing DC rates for specific service categories based on geographic locations within the city);

 

b)         local service definitions for DC-recoverable services;

 

c)         additional services for potential DC recovery:

 

i)          operations centres; and,

           

ii)         waste diversion;

 

d)         timing of DC payment and calculation of DCs payable; and

 

e)         Interim Financing Costs - Recovery of cost of working capital used as temporary financing on debt financed growth projects;

 

it being noted that the policy items above will be subject to consultation with external DC stakeholders prior to recommendations being advanced to Council.

 

5.

STAFF REPORT - 2019 Development Charge Study - In-House Completion of Master Plan Studies

 

That, on the recommendation of the Managing Director, Environmental and Engineering Services and City Engineer, with the concurrence of the Managing Director, Finance and Corporate Services and City Treasurer, Chief Financial Officer, the following actions be taken with respect to the in-house completion of the Master Plan Studies for the 2019 Development Charges Background Study Update:

 

a)         the Civic Administration BE AUTHORIZED to allocate costs incurred by staff in the preparation of the Master Plan Studies to Growth Reserve Funds, as permitted under section 5(3)5 of the Development Charges Act;

 

b)         the Civic Administration BE AUTHORIZED to undertake all administrative acts necessary to complete the Master Plan Studies;

 

c)         the overall project schedule identified in the staff report dated August 29, 2016 BE ENDORSED, in order to enable the timely preparation of the Master Plan Studies; and

 

d)         the communication dated August 25, 2016 from J. Kennedy, President, London Development Institute, BE RECEIVED.

 

6.

DELEGATION - Heidi Currie, Manager, Argyle Business Improvement Area

 

That it BE NOTED that the Strategic Priorities and Policy Committee (SPPC) heard a presentation, as appended to the SPPC Agenda, from H. Currie, Manager, Argyle Business Improvement Area (BIA), with respect to the activities of the Argyle BIA.

 

7.

DELEGATION - Lori Da Silva, CEO and General Manager, London Convention Centre

 

That it BE NOTED that the Strategic Priorities and Policy Committee (SPPC) heard the attached presentation from L. Da Silva, CEO and General Manager, London Convention Centre, with respect to the activities of the London Convention Centre.

 

8.

DELEGATION - Janette MacDonald, CEO and General Manager, Downtown London

 

That it BE NOTED that the Strategic Priorities and Policy Committee (SPPC) heard the attached presentation from J. MacDonald, CEO and General Manager, Downtown London, and received a copy of a document entitled "A 20/20 Vision for Downtown London and London's Downtown, Strategic Plan, 2016-2020, a copy of which is available in the City Clerk's Office for viewing.

 

Motion Passed

 

YEAS: M. Brown, M. van Holst, B. Armstrong, M. Salih, J. Helmer, M. Cassidy, P. Squire, J. Morgan, P. Hubert, A. Hopkins, S. Turner, H.L. Usher, T. Park (13)

 

Motion made by Councillor P. Hubert to Approve clause 9

 

9.

DELEGATION - Kapil Lakhotia, London Economic Development Corporation; Steve Pellarin, Small Business Centre; and Justin Leushner,  TechAlliance re London's Community Economic Road Map Update

 

That it BE NOTED that the following matters were received by the Strategic Priorities and Policy Committee:

 

a)            a presentation, as appended to the Agenda, by K. Lakhotia, General Manager, London Economic Development Corporation (LEDC), with respect to the business activities of the LEDC and the collaborative role the LEDC has in fostering London's economic wellbeing;

 

b)            a presentation, as appended to the Agenda, by Steve Pellarin, Executive Director, Small Business Centre (SBC), with respect to the business activities of the SBC and the collaborative role the SBC has in fostering London's economic wellbeing;

 

c)            a presentation, as appended to the Agenda, by J. Leushner, Vice President, Operations and Startup Services, London TechAlliance, with respect to the business activities of the London TechAlliance and the collaborative role the London TechAlliance has in fostering London’s economic wellbeing; and

 

d)            an overview, by the City Manager, with respect to his report dated August 29, 2016, providing an update on London's Community Economic Roadmap.

 

 


 

Motion Passed

 

YEAS: M. Brown, M. van Holst, B. Armstrong, M. Salih, J. Helmer, M. Cassidy, P. Squire, J. Morgan, P. Hubert, A. Hopkins, S. Turner, H.L. Usher, T. Park (13)

 

Motion made by Councillor P. Hubert to Approve clause 11.

 

11.

COUNCIL MEMBER SUBMISSION - Shift - London's Rapid Transit Initiative Business Case - February 2016

 

That, the draft document entitled “Shift London’s Rapid Transit Initiative — Business Case”, dated February 2016, prepared by IBI, BE RECEIVED; it being noted that the City Manager provided a verbal overview with respect to this matter.

 

Motion Passed

 

YEAS: M. Brown, B. Armstrong, M. Salih, J. Helmer, M. Cassidy, J. Morgan, P. Hubert, A. Hopkins, S. Turner, T. Park (10)

 

NAYS: M. van Holst, P. Squire, H.L. Usher (3)

 

Motion made by Councillor S. Turner and seconded by Councillor H.L. Usher to Approve that Council rise and go into Council, In Closed Session, for the purpose of continuing discussions with respect to the matters previously disclosed under Part IV of the Minutes.

 

Motion Passed

 

YEAS: M. Brown, M. van Holst, B. Armstrong, M. Salih, J. Helmer, M. Cassidy, P. Squire, J. Morgan, P. Hubert, A. Hopkins, S. Turner, H.L. Usher, T. Park (13)

 

The Council rises and goes into Council, In Closed Session, at 9:09 PM, with Mayor M. Brown in the Chair and all Members present except Councillors V. Ridley and J. Zaifman.

 

The Council, In Closed Session, rises at 10:48 PM and Council reconvenes at 10:49 PM, with Mayor M. Brown in the Chair and all Members present except Councillors V. Ridley and J. Zaifman.

 

Motion made by Councillor J. Helmer and seconded by Councillor J. Morgan to Approve that pursuant to section 11.10 of the Council Procedure By-law, the meeting continue past 11:00 PM.

 

Motion Passed

 

YEAS: M. Brown, M. van Holst, B. Armstrong, M. Salih, J. Helmer, M. Cassidy, J. Morgan, A. Hopkins, S. Turner, H.L. Usher, T. Park (11)

 

NAYS: P. Squire, P. Hubert (2)

 

Motion made by Councillor H.L. Usher and seconded by Councillor P. Hubert to Approve that Council rise and go into Council, In Closed Session, for the purpose of continuing discussions with respect to the matters previously disclosed under Part IV of the Minutes.

 

Motion Passed

 

YEAS: M. Brown, M. van Holst, B. Armstrong, M. Salih, J. Helmer, M. Cassidy, P. Squire, J. Morgan, P. Hubert, A. Hopkins, S. Turner, H.L. Usher, T. Park (13)

 

The Council rises and goes into Council, In Closed Session, at 10:53 PM, with Mayor M. Brown in the Chair and all Members present except Councillors V. Ridley and J. Zaifman.

 

The Council, In Closed Session, rises at 10:55 PM and Council reconvenes at 10:56 PM, with Mayor M. Brown in the Chair and all Members present except Councillors V. Ridley and J. Zaifman.

 


 

 

19th Report of the Strategic Priorities and Policy Committee (continued)

Councillor P. Hubert presents.

 

Motion made by Councillor P. Hubert to Approve clause 10.

 

10.

DELEGATION - Paul Paolatto, Budget Chair and John Pare, Chief of Police re London Police Services Board

 

That the following actions be taken with respect to the attached London Police Services Board proposal with respect to the Police Budget, presented to the Strategic Priorities and Policy Committee by P. Paolatto Budget Chair:

 

a)         the proposal by the London Police Services Board (LPSB) BE RECEIVED;

 

b)         the LPSB BE ADVISED that the Municipal Council is open to mediation if the LPSB wishes to do so; and

 

c)         the following communications BE RECEIVED:

 

i)              a Municipal Council resolution, from its meeting held on July 26, 2016, with respect to the request for delegation status by the London Police Services Board Budget Committee;

 

ii)             a copy of the request for delegation status by the London Police Services Board Budget Committee; and

 

iii)            a communication dated August 23, 2016 from the London Police Services Board with respect to the private mediation process.

 

Motion Passed

 

YEAS: M. Brown, M. van Holst, B. Armstrong, M. Salih, J. Helmer, M. Cassidy, P. Squire, J. Morgan, P. Hubert, A. Hopkins, S. Turner, H.L. Usher, T. Park (13)

 

 

4th Report of the Council, In Closed Session

Councillor J. Morgan presents.

 

PRESENT:  Mayor M. Brown and Councillors M. van Holst, B. Armstrong, M. Salih, J. Helmer, M. Cassidy, P. Squire, J. Morgan, P. Hubert, A. Hopkins, S. Turner, H.L. Usher and T. Park and C. Saunders (City Clerk).

 

ABSENT:  Councillors V. Ridley and J. Zaifman.

 

ALSO PRESENT:  A. Zuidema, G. Belch, K. Dawtrey, J.M. Fleming, N. Hall, M. Hayward, A. Macpherson, V. McAlea Major, L.M. Rowe and B. Warner.

 

Motion made by Councillor J. Morgan to Approve clauses 1 and 2.

 

1.                     That, as a procedural matter pursuant to Section 239 (6) of the Municipal Act, 2001, the following recommendation be forwarded to City Council for deliberation and a vote in public session:

 

That, on the recommendation of the Managing Director, Corporate Services and City Treasurer, Chief Financial Officer, the attached Amending Agreement between The Corporation of the City of London, Royal Trust Corporation of Canada as Trustee for the City of London Arena Trust and London Civic Centre Limited Partnership by its general Partner, London Civic Centre Corporation, amending the Participatory Occupancy Agreement between the parties, dated June 20, 2001, and related to the Budweiser Gardens, BE APPROVED.

 

2.                     That, as a procedural matter pursuant to Section 239 (6) of the Municipal Act, 2001, the following recommendation be forwarded to City Council for deliberation and a vote in public session:

 

That, on the recommendation of the Managing Director, Corporate Services and City Treasurer, Chief Financial Officer, on the advice of the Manager of Realty Services, the following actions be taken with respect to the City-owned industrial land located at 2150 Oxford Street East, on the northeast corner of Veteran’s Memorial Parkway and Oxford Street East, containing an area of 19.02 acres, being comprised of Part of Lot 1, Concession 2, as outlined on the sketch attached hereto as Schedule “A-1”:

 

a)         the offer submitted by Dancor Development Corporation, in trust for a company to be incorporated (the “Purchaser”) to purchase the subject property from the City, at a purchase price of $836,880.00 (reflecting a sale price of $44,000 per acre), BE ACCEPTED subject to the following conditions:

 

i)              the Purchaser satisfying themselves, within thirty (30) days from the date of acceptance of this agreement, of the soil conditions of the property for their proposed use;

 

 

ii)             the Purchaser satisfying themselves, within thirty (30) days from the date of acceptance, that there is adequate water pressure and quantity for their proposed use, including fire protection requirements;

 

iii)            the Purchaser satisfying themselves, within ninety (90) days from the date of acceptance, of the storm water management plan for its intended development of the property;

 

iv)           the Purchaser obtaining a zoning variance for Phase 1, if required, for property to permit additional ‘office’ gross floor area for the said property for Phase 1;

 

v)            the Purchaser satisfying themselves, within one hundred and twenty (120) days from the date of acceptance, with the zoning holding provisions on the property; and

 

vi)          the Purchaser acknowledging that the property is in an “as is” condition, given the site is presently considered not developable given existing storm drainage and low grade conditions.

 

Motion Passed

 

YEAS: M. Brown, M. van Holst, B. Armstrong, M. Salih, J. Helmer, M. Cassidy, P. Squire, J. Morgan, P. Hubert, A. Hopkins, S. Turner, H.L. Usher, T. Park (13)

 

X

DEFERRED MATTERS

 

None.

 

XI

ENQUIRIES

 

None.

 

XII

EMERGENT MOTIONS

 

Motion made by Councillor H.L. Usher and seconded by Councillor P. Hubert to Approve that in accordance with section 259(1)(c) of the Municipal Act, 2001, S.O. 2001, c.25, as amended, Councillor J. Zaifman BE AUTHORIZED to be absent from the meetings of the Municipal Council beyond three successive months.

 

Motion Passed

 

YEAS: M. Brown, M. van Holst, B. Armstrong, M. Salih, J. Helmer, M. Cassidy, P. Squire, J. Morgan, P. Hubert, A. Hopkins, S. Turner, H.L. Usher, T. Park (13)

 

XIII

BY-LAWS

 

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

 

Motion made by Councillor S. Turner and seconded by Councillor T. Park to Approve Introduction and First Reading of Bill No.’s 301 to 335 and 337 to 340, excluding Bill No.’s 308 and 313.

 


 

Motion Passed

 

YEAS: M. Brown, M. van Holst, B. Armstrong, M. Salih, J. Helmer, M. Cassidy, P. Squire, J. Morgan, P. Hubert, A. Hopkins, S. Turner, H.L. Usher, T. Park (13)

 

Motion made by Councillor M. van Holst and seconded by Councillor T. Park to Approve Second Reading of Bill No.’s Bill No.’s 301 to 335 and 337 to 340, excluding Bill No.’s 308 and 313.

 

Motion Passed

 

YEAS: M. Brown, M. van Holst, B. Armstrong, M. Salih, J. Helmer, M. Cassidy, P. Squire, J. Morgan, P. Hubert, A. Hopkins, S. Turner, H.L. Usher, T. Park (13)

 

Motion made by Councillor M. van Holst and seconded by Councillor T. Park to Approve Third Reading and Enactment of Bill No.’s Bill No.’s 301 to 335 and 337 to 340, excluding Bill No.’s 308 and 313.

 

Motion Passed

 

YEAS: M. Brown, M. van Holst, B. Armstrong, M. Salih, J. Helmer, M. Cassidy, P. Squire, J. Morgan, P. Hubert, A. Hopkins, S. Turner, H.L. Usher, T. Park (13)

 

Motion made by Councillor T. Park and seconded by Councillor B. Armstrong to Approve Introduction and First Reading of Bill No. 308.

 

Motion Passed

 

YEAS: M. Brown, M. van Holst, B. Armstrong, M. Salih, J. Helmer, M. Cassidy, P. Squire, J. Morgan, P. Hubert, A. Hopkins, H.L. Usher, T. Park (12)

 

RECUSED: S. Turner (1)

 

Motion made by Councillor M. van Holst and seconded by Councillor P. Hubert to Approve Second Reading of Bill No. 308.

 

Motion Passed

 

YEAS: M. Brown, M. van Holst, B. Armstrong, M. Salih, J. Helmer, M. Cassidy, P. Squire, J. Morgan, P. Hubert, A. Hopkins, H.L. Usher, T. Park (12)

 

RECUSED: S. Turner (1)

 

Motion made by Councillor M. van Holst and seconded by Councillor H.L. Usher to Approve Third Reading and Enactment of Bill No. 308.

 

Motion Passed

 

YEAS: M. Brown, M. van Holst, B. Armstrong, M. Salih, J. Helmer, M. Cassidy, P. Squire, J. Morgan, P. Hubert, A. Hopkins, H.L. Usher, T. Park (12)

 

RECUSED: S. Turner (1)

 

Motion made by Councillor S. Turner and seconded by Councillor T. Park to Approve Introduction and First Reading of Bill No. 313.

 

Motion Passed

 

YEAS: M. Brown, M. van Holst, B. Armstrong, M. Salih, J. Helmer, M. Cassidy, P. Hubert, A. Hopkins, S. Turner, H.L. Usher, T. Park (11)

 

NAYS: P. Squire, J. Morgan (2)

 

 

 

Motion made by Councillor M. van Holst and seconded by Councillor T. Park to Approve Second Reading of Bill No. 313.

 


 

Motion Passed

 

YEAS: M. Brown, M. van Holst, B. Armstrong, M. Salih, J. Helmer, M. Cassidy, P. Squire, P. Hubert, A. Hopkins, S. Turner, H.L. Usher, T. Park (12)

 

NAYS: J. Morgan (1)

 

 

 

Motion made by Councillor M. van Holst and seconded by Councillor T. Park to Approve Third Reading and Enactment of Bill No. 313.

 

Motion Passed

 

YEAS: M. Brown, M. van Holst, B. Armstrong, M. Salih, J. Helmer, M. Cassidy, P. Squire, P. Hubert, A. Hopkins, S. Turner, H.L. Usher, T. Park (12)

 

NAYS: J. Morgan (1)

 

The following Bills are enacted as by-laws of The Corporation of the City of London:

 

Bill No. 301

By-law No. A.-7438-218

A by-law to confirm the proceedings of the Council Meeting held on the 30th day of August, 2016. (City Clerk)

 

Bill No. 302

By-law No. A.-7439-219

A by-law to repeal and replace Chapter 20 – Property of the City Council Policy Manual. (2a/19/CSC)

 

Bill No. 303

By-law No. A.-6151(m)-220

A by-law to amend By-law No. A.-6151-17, being “A by-law to establish policies for the sale and other disposition of land, hiring of employees, procurement of goods and services, public notice, accountability and transparency, and delegation of powers and duties, as required under section 270(1) of the Municipal Act, 2001” by repealing and replacing Schedule “A” to By-law No. A.-6151-17. (2b/19/CSC)

 

Bill No. 304

By-law No. A-50-16001

A by-law to amend By-law A-50 being a by-law to provide for the Rules of Order and Procedure for the Council of The Corporation of the City of London to permit the Mayor to select an Acting Mayor in the absence/unavailability of the Mayor and Deputy Mayors in circumstances where an Acting Mayor is required to serve prior to the next regularly scheduled meeting of Council. (6/19/CSC)

 

Bill No. 305

By-law No. A.-7440-221

A by-law to approve an agreement between The Corporation of the City of London (the City) and the Minister of Housing for the City to participate in and administer the 2016 Social Infrastructure Fund Survivors of Domestic Violence Portable Housing Benefit Pilot (SDV-PHBP); and to authorize the Mayor and the City Clerk to execute the agreement. (4/10/CPSC)

 

Bill No. 306

By-law No. A.-7441-222

 

A by-law to establish a Coloured Crosswalk Policy. (10/12/CWC)

Bill No. 307

By-law No. A.-7442-223

A by-law to govern the process for administratively determining ownership and the responsibility for maintenance of street boundary features located along the limits of municipal road allowances. (11/12/CWC)

Bill No. 308

By-law No. CP-21

A by-law to provide for the licensing and regulation of informal residential care facilities and services in the City of London. (7/10/CPSC)

 

Bill No. 309

By-law No. C.P.-1284(sp)-224

 

A by-law to amend the Official Plan for the City of London, 1989 relating to secondary dwelling unit policies. (22/14/PEC)


 

Bill No. 310

By-law No. C.P.-1284(sq)-225

 

A by-law to amend the Official Plan for the City of London, 1989 relating to the Beaufort/Irwin/Gunn/Saunby (BIGS) Neighbourhood Secondary Plan lands. (23/14/PEC)

Bill No. 311

By-law No. C.P.-1513-226

A by-law to exempt from Part Lot Control, lands located on the south side of Silverfox Crescent, at Denview Avenue, legally described as part of Block 77 in Registered Plan 33M-622, more particularly described as Parts 1-9 in Plan 33R-19523  in the City of London and County of Middlesex. (11a/14/PEC)

 

Bill No. 312

By-law No. C.P.-1514-227

A by-law to exempt from Part Lot Control, lands located on the north side of Silverfox Crescent, at Denview Avenue, legally described as part of Block 81 in Registered Plan 33M-622, more particularly described as Parts 1-4 in Plan 33R-19525 in the City of London and County of Middlesex. (11b/14/PEC)

 

Bill No. 313

By-law No. C.P.-1515-228

A by-law to regulate the injuring and destruction of trees and to encourage preservation and planting of trees throughout the City of London, and to repeal By-law No. C.P.-1466-249 entitled, “A by-law to prohibit and regulate the destruction or injuring of trees in the City of London.” (24a/14/PEC)

 

Bill No. 314

By-law No. A.-7443-229

A by-law to designate Inspectors and Officers for the purpose of enforcing the Tree Protection By-law. (24c/14/PEC)

Bill No. 315

By-law No. PS-111-16159

A by-law to amend By-law PS-111 entitled, “A by-law to regulate traffic and the parking of motor vehicles in the City of London.” (9/12/CWC)

 

Bill No. 316

By-law No. PS-111-16160

A by-law to amend By-law PS-111 entitled, “A by-law to regulate traffic and the parking of motor vehicles in the City of London”, and to repeal By-law No. PS-111-16155 entitled, “A by-law to regulate traffic and the parking of motor vehicles in the City of London”. (12/12/CWC)

 

Bill No. 317

By-law No. S.-5813-230

A by-law to permit Stephen Craig McClatchie and Peter John Groom to maintain and use a boulevard parking area upon the road allowance for 995 Wellington Street, City of London. (City Clerk)

 

Bill No. 318

By-law No. S.-5814-231

A by-law to assume certain works and services in the City of London. (Riverbend Meadows Subdivision – Phase 3; 33M-654) (City Engineer)

 

Bill No. 319

By-law No. S.-5815-232

A by-law to assume certain works and services in the City of London. (South London Industrial Park Subdivision, 33M-396) (City Engineer)

 

Bill No. 320

By-law No. S.-5816-233

A by-law to assume certain works and services in the City of London. (Woodholme Park Condominium Development – 39CD-07530) (City Engineer)

 

Bill No. 321

By-law No. S.-5817-234

A by-law to lay out, constitute, establish and assume lands in the City of London as public highway.  (as widening to Richmond Street and Fanshawe Park Road East) (registered as Instrument No. ER1049092 on June 30, 2016, pursuant to Site Plan SP15-024564 and in accordance with Zoning By-law Z-1) (Chief Surveyor)

 

Bill No. 322

By-law No. W.-5605-235

A by-law to authorize the OW Decentralization-Central (Project No. RC2650) (C4/17/CSC)

 

Bill No. 323

By-law No. W.-5606-236

A by-law to authorize the Storm Water Management Servicing-Forest City South Industrial Park (Project ID2095FSC). (13/11/CWC)

 

Bill No. 324

By-law No. W.-5607-237

A by-law to authorize the Southdale Road Upgrades, Phase 2 Wickerson to Bramblewood (Project No. TS1407-2). (15/11/CWC)

 

Bill No. 325

By-law No. W.-5608-238

A by-law to authorize the Wickerson-Ironwood to Southdale Upgrades (Project No. TS1408). (15/11/CWC)

 

Bill No. 326

By-law No. W.-5609-239

A by-law to authorize the Wellington Road-Bradley Avenue to Horton Street South Leg Widening (Project No. TS1430-1 – RT). (16/11/CWC)

 

Bill No. 327

By-law No. Z.-1-162504

 

A by-law to amend By-law No. Z.-1 to remove the holding provision from the zoning for the lands located at 1061 Richmond Street. (8/14/PEC)

 

Bill No. 328

By-law No. Z.-1-162505

 

A by-law to amend By-law No. Z.-1 to remove the holding provision from the zoning for a portion of land located at 1201, 1211 Cranbrook Road and 1415 Thornley Street. (9/14/PEC)

 

Bill No. 329

By-law No. Z.-1-162506

 

A by-law to amend By-law No. Z.-1 to remove holding provision from the zoning for lands located at 1175 and 1205 Hyde Park Road. (10/14/PEC)

Bill No. 330

By-law No. Z.-1-162507

A by-law to amend By-law No. Z.-1 to rezone an area of land located at 354 Boler Road. (16/14/PEC)

 

Bill No. 331

By-law No. Z.-1-162508

 

A by-law to amend By-law No. Z.-1 to rezone an area of land located at 1740 Richmond Street. (17/14/PEC)

 

Bill No. 332

By-law No. Z.-1-162509

 

A by-law to amend By-law No. Z.-1 to rezone an area of land located at 493 Springbank Drive. (18/14/PEC)

 

Bill No. 333

By-law No. Z.-1-162510

 

A by-law to amend By-law No. Z.-1 to rezone an area of land located at 66 Byron Avenue East. (19/14/PEC)

Bill No. 334

By-law No. Z.-1-162511

 

A by-law to amend By-law No. Z.-1 Section 4.21 by deleting and adding the road allowance for specific segments of Wonderland Road South. (20/14/PEC)

 

Bill No. 335

By-law No. Z.-1-162512

 

A by-law to amend By-law No. Z.-1 to rezone an area of land located at 4425 Wellington Road South. (21/14/PEC)

Bill No. 336

By-law No. Z.-1-16_____

 

DEFFERED TO NOVEMBER

A by-law to amend By-law No. Z.-1 to add secondary dwelling unit provisions zoning by-law. (22/14/PEC)

Bill No. 337

By-law No. A.-7444-230

A by-law to ratify and confirm the Resolution of the sole Shareholder of London Hydro Inc. (9/19/CSC)

 

Bill No. 338

By-law No. A.-7445-241

A by-law to establish a Debt Management Policy. (2/19/SPPC)

Bill No. 339

By-law No. A.-7446-242

A by-law to authorize and approve an Amending Agreement with respect to the Participatory Occupancy Lease for Budweiser Gardens and to authorize the Mayor and the City Clerk to execute the Amending Agreement. (C2/19/CSC)

 

Bill No. 340

By-law No. A.-7447-243

A by-law to approve and authorize an Agreement of Purchase and Sale between The Corporation of the City of London and Dancor Development Corporation, in trust for a company to be incorporated, and to authorize the Mayor and City Clerk to execute the Agreement. (C3/19/CSC)

 

 


 

XIV

ADJOURNMENT

 

Motion made by Councillor B. Armstrong and seconded by Councillor A. Hopkins to Approve that the meeting adjourn.

 

Motion Passed

 

The meeting adjourns at 11:14 PM.

 

 

 

 

_________________________________

                                                                                          Matt Brown, Mayor

 

 

 

 

_________________________________

                                                                                          Catharine Saunders, City Clerk

 

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