August 30, 2016, at 4:03 PM

Original link

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

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.   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.

III.   REVIEW OF

CONFIDENTIAL MATTERS TO BE CONSIDERED IN PUBLIC

IV.   COUNCIL, IN

CLOSED SESSION

MOTION FOR IN CAMERA SESSION

Moved by Councillor M. van Holst

Seconded by Councillor B. Armstrong

Approve that Council rise and go into Council, In Closed Session, for the purpose of considering the following matters:

V.   CONFIRMATION

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

Moved by Councillor H.L. Usher

Seconded by Councillor A. Hopkins

Approve the Minutes of the Sixteenth Meeting, held on July 26, 2016.

Motion Passed

Motion Passed

VI.   COMMUNICATIONS

AND PETITIONS

Moved by Councillor J. Morgan

Seconded by Councillor B. Armstrong

Approve receipt and referral of the following communications, as noted on the Added Agenda:

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.

VII.   MOTIONS OF

WHICH NOTICE IS GIVEN

VIII.   REPORTS

Moved by Councillor P. Squire

Approve clauses 1 to 28, excluding clauses 22, 23, 24.

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.

Moved by Councillor P. Hubert

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

Motion Passed

Moved by Councillor P. Hubert

Approve clause 11.

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

Motion Passed

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

Motion Passed

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

Motion Passed

Moved by Councillor S. Turner

Seconded by Councillor H.L. Usher

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

Motion Passed

Moved by Councillor J. Helmer

Seconded by Councillor J. Morgan

Approve that pursuant to section 11.10 of the Council Procedure By-law, the meeting continue past 11:00 PM.

Motion Passed

Motion Passed

Moved by Councillor H.L. Usher

Seconded by Councillor P. Hubert

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

Motion Passed

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

Motion Passed

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

Motion Passed

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)

Moved by Councillor P. Squire

Seconded by Councillor M. van Holst

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

Motion Failed

Moved by Councillor P. Squire

Seconded by Councillor P. Hubert

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

Motion Passed

Moved by Councillor T. Park

Seconded by Councillor S. Turner

Approve clause 22, as amended.

Motion Passed

Motion Passed

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)

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)

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)

Moved by Councillor M. van Holst

Seconded by Councillor P. Squire

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;”.

Moved by Councillor H.L. Usher

Seconded by Councillor J. Helmer

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

Motion Passed

Motion Failed

Motion Failed

Moved by Councillor T. Park

Seconded by Councillor S. Turner

Approve reconsideration of the vote on the proposed amendment to part a) of clause 24.

Motion Passed

Motion Passed

Moved by Councillor M. van Holst

Seconded by Councillor P. Squire

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

Motion Failed

Moved by Councillor T. Park

Seconded by Councillor P. Hubert

Approve part a) of clause 24.

Motion Passed

Motion Passed

Moved by Councillor T. Park

Approve the balance of clause 24.

Motion Passed

Motion Passed

Moved by Councillor B. Armstrong

Approve clauses 1 to 9, excluding clause 7.

IX.   ADDED

REPORTS

Moved by Councillor P. Hubert

Approve clauses 1 to 8

X.   DEFERRED

MATTERS

XI.   ENQUIRIES

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

Motion Passed

XIII.   BY-LAWS

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

Moved by Councillor S. Turner

Seconded by Councillor T. Park

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

Motion Passed

Moved by Councillor M. van Holst

Seconded by Councillor T. Park

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

Motion Passed

Moved by Councillor M. van Holst

Seconded by Councillor T. Park

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

Motion Passed

Moved by Councillor T. Park

Seconded by Councillor B. Armstrong

Approve Introduction and First Reading of Bill No. 308.

Motion Passed

Motion Passed

Moved by Councillor M. van Holst

Seconded by Councillor P. Hubert

Approve Second Reading of Bill No. 308.

Motion Passed

Motion Passed

Moved by Councillor M. van Holst

Seconded by Councillor H.L. Usher

Approve Third Reading and Enactment of Bill No. 308.

Motion Passed

Motion Passed

Moved by Councillor S. Turner

Seconded by Councillor T. Park

Approve Introduction and First Reading of Bill No. 313.

Motion Passed

Motion Passed

XIV.   ADJOURNMENT