September 13, 2016, at 4:02 PM

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The Council meets in Regular Session in the Council Chambers this day at 4:02 PM.

I.   DISCLOSURES

OF PECUNIARY INTEREST

Councillor M. van Holst discloses a pecuniary interest in clause 2 of the 13th Report of the Civic Works Committee, having to do with the closing of part of Cedarpark Crescent, by indicating that he is employed by the Thames Valley District School Board.   Councillor S. Turner discloses a pecuniary interest in clause 11 of the 13th Report of the Civic Works Committee, having to do with the Lake Huron and Elgin Area Water Supply Systems, by indicating that his employer is involved with some of the applicable regulations.    Councillor J. Morgan discloses a pecuniary interest in clause C-1 of the Confidential Appendix of the 20th Report of the Strategic Priorities and Policy Committee, having to do with a matter pertaining to personal matters including information about identifiable individuals, including municipal employees, with respect to employment-related matters, and advice and recommendations to officers and employees of the Corporation, including communications necessary for those purposes and for the purpose of providing directions to officers and employees of the Corporation, by indicating that he is employed by Western University.   Mayor M. Brown discloses a pecuniary interest in clause 6 of the 15th Report of the Planning and Environment Committee, having to do with claimable works for 1030 Coronation Drive, Hyde Park, by indicating that he has an interest in a property owned by Carvest Properties Ltd.     Councillor M. Salih discloses a pecuniary interest in clause 2 of the 13th Civic Works Committee, having to do with the closing of part of Cedarpark Crescent, by indicating that he owns a property nearby.

Moved by Councillor M. van Holst

Seconded by Councillor H.L. Usher

Approve that pursuant to section 6.4 of the Council Procedure By-law, the order of business be changed to permit consideration of the Motions of Which Notice is Given to be dealt with at this time.

Motion Passed

Motion Passed

VII.   MOTIONS OF

WHICH NOTICE IS GIVEN

1.   Disclosures of Pecuniary Interest

That it BE NOTED that Councillor J. Morgan disclosed a pecuniary interest in clause C-1 of the Confidential Appendix to the 20th Report of the Strategic Priorities and Policy Committee having to do with a matter pertaining to personal matters including information about identifiable individuals, including municipal employees, with respect to employment-related matters, and advice and recommendation to officers and employees of the Corporation, including communications necessary for those purposes and for the purpose of providing directions to officers and employees of the Corporation, by indicating that he is employed by Western University.

14.   Deferred Matters

List

That the Civic Works Committee Deferred Matters List, as at August 30, 2016, BE RECEIVED.

XI.   ENQUIRIES

Moved by Councillor M. Salih

Seconded by Councillor V. Ridley

Approve that pursuant to section 11.4 of the Council Procedure By-law, that leave be given to add a Council, In Closed Session matter to receive information with respect to an enforcement matter.

Motion Passed

Motion Passed

Moved by Councillor M. Salih

Seconded by Councillor V. Ridley

Approve the following reason to be added for Council In Closed Session:   A matter pertaining to advice that is subject to solicitor-client privilege, including communications necessary for that purpose and advice and recommendations of officers and employees of the Corporation, including communication necessary for that purpose with respect to an enforcement matter.

Motion Passed

Motion Passed

III.   REVIEW OF

CONFIDENTIAL MATTERS TO BE CONSIDERED IN PUBLIC

IV.   COUNCIL, IN

CLOSED SESSION

MOTION FOR IN CAMERA SESSION

Moved by Councillor B. Armstrong

Seconded by Councillor T. Park

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

Motion Passed

Motion Passed

The Council rises and goes into the Committee of the Whole, in camera, at 5:27 PM, with Mayor M. Brown in the Chair and all Members present except Councillors M. Cassidy and J. Zaifman.   The Committee of the Whole rises at 6:17 PM and Council reconvenes at 6:21 PM, with Mayor M. Brown in the Chair and all Members present except Councillors M. Cassidy, V. Ridley, H.L.  Usher and J. Zaifman.

II.   RECOGNITIONS

VIII.   REPORTS

Moved by Councillor J. Morgan

Approve clauses 1 to 8.

2.   Rapid Transit Implementation Working Group

That, on the recommendation of the Managing Director, Environmental and Engineering Services and City Engineer, the following actions be taken with respect to London’s transit system:   a)         the LTC Long Term Growth Report Working Group BE DISBANDED;   b)         a Rapid Transit Implementation Working Group (RTIWG)  BE ESTABLISHED; and   c)         the proposed Terms of Reference for the RTIWG, as appended to the staff report dated September 12, 2016, BE APPROVED;   it being noted that the transition to the RTIWG will facilitate with the development and implementation of London’s rapid transit system;   it being further noted that Councillor B. Armstrong advised the City Clerk that he would also like to serve on the RTIWG.

3.   Resignation from Governance Working Group

That the resignation of Councillor M. Cassidy from the Governance Working Group, due to scheduling considerations, BE ACCEPTED.

4.   Outlook Access – Councillors’ Contract

Assistants

That the Civic Administration BE DIRECTED to take the necessary steps to amend the Use of Technology Policy, and any other related policies, in order to permit Councillors’ contract assistants to access Councillors’ Outlook accounts.

Motion Passed

Motion Passed

Moved by Councillor B. Armstrong

Seconded by Councillor T. Park

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

5.   Subdivision

Agreement Provisions Relating to School Blocks and Park Facilities

That, on the recommendation of the Manager, Development Services, the staff report dated September 6, 2016, entitled “Subdivision Agreement Provisions Relating to School Blocks and Park Facilities, meeting on September 6, 2016” BE RECEIVED for information.  (2016-D12)

6.   Claimable Works for

1030 Coronation Drive, Hyde Park, Block 8 Reconstruction - Update to DC Claimable Works

That, on the recommendation of the Managing Director, Corporate Services and City Treasurer, Chief Financial Officer, the following actions be taken with respect to the site plan agreement between The Corporation of the City of London and Carvest Properties Ltd., for the construction of works external to 1030 Coronation Drive:   a)        the applicant BE ADVISED that the Director, Development Finance has summarized the amended claims and revenues appended to the staff report dated September 6, 2016, as Appendix “A”; and,   b)        the financing for this project BE APPROVED as set out in the amended Source of Financing Report appended to the staff report dated September 6, 2016, as Appendix “B”.   (2016-D15)

Motion Passed

Motion Passed

7.   Property located at

1400 Riverbend Road (H-8631) (Relates to Bill No. 350)

That, on the recommendation of the Senior Planner, Development Services, based on the application by Sifton Properties Limited, relating to lands located at 1400 Riverbend Road, located on the south side of Shore Road between Riverbend Road and Logans Run, comprising the northerly portion of Block 4 as shown on the draft-approved plan of subdivision (File No. 39T-14503), the proposed by-law appended to the staff report dated September 6, 2016, BE INTRODUCED at the Municipal Council meeting to be held on September 13, 2016, to amend Zoning By-law Z.-1, (in conformity with the Official Plan), to change the zoning of the lands FROM a holding Residential R5/R6/R8 Special Provision (h-h-206-R5-6(10)/R6-5(42)/R8-3(4) Zone TO a Residential R5/R6/R8 Special Provision (R5-6(10)/R6-5(42)/R8-3(4) Zone to remove the holding (h) and (h-206) provisions.   (2016-D09)

8.   Foxwood Crossing

Subdivision - Phase 3 (39T-14502)

That, on the recommendation of the Manager, Development Services, the following actions be taken with respect to entering into a subdivision agreement between The Corporation of the City of London and 1640209 Ontario Limited, for the subdivisions of land over Part of Lot 72, Concession East of the North Branch of the Talbot Road, (Geographic Township of Westminster), City of London, County of Middlesex, situated on the north side of Wharncliffe Road South, west of Savoy Street, municipally known as 1959 Wharncliffe Road South:   a)        the Special Provisions to be contained in a Subdivision Agreement between The Corporation of the City of London and 1640209 Ontario Limited, for the Foxwood Crossing  Subdivision (39T-14502), appended to the staff report dated September 6, 2016, as Schedule “A”,  BE APPROVED;   b)        the applicant BE ADVISED that the Director, Development Finance has summarized the claims and revenues appended to the staff report dated September 6, 2016, as Schedule “B”,   c)        the financing for this project BE APPROVED as set out in the Source of Financing Report appended to the staff report dated September 6, 2016, as Schedule “C”; and,   d)        the Mayor and the City Clerk BE AUTHORIZED to execute this Agreement, any amending agreements and all documents required to fulfill its conditions.   (2016-D12)

V.   CONFIRMATION

AND SIGNING OF THE MINUTES OF THE SEVENTHEENTH MEETING HELD ON AUGUST 30, 2016

Moved by Councillor J. Morgan

Seconded by Councillor B. Armstrong

Approve the Minutes of the Seventeenth Meeting, held on August 30, 2016.

Motion Passed

Motion Passed

VI.   COMMUNICATIONS

AND PETITIONS

10.   Property located at

25 Gower Street (Z-8648) (Relates to Bill No. 351)

That, further to the direction of the Municipal Council, the proposed by-law appended to the staff report dated September 6, 2016, BE INTRODUCED at the Municipal Council meeting to be held on September 13, 2016, to amend Zoning By-law No. Z.-1, (in conformity with the Official Plan), to change the zoning of the property located at 25 Gower Street FROM a Residential Special Provision R2-2(19) Zone TO a Residential Special Provision R2-2(17) 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 as the proposed amendment is in keeping with the direction of Municipal Council of June 23, 2016 which came about as both a Site Plan and Minor Variance application were being considered for the subject site while the Municipal Council simultaneously considered a broader amendment to the Zoning By-law for lands zoned R2 within the Blackfriars/Petersville Area; and, it being further noted that Municipal Council received comments from the applicant in support of the staff recommendation.   (2016-D09)

12.   Portion of Land

Known Municipally as 1500 Dundas Street East (Z-8628) (Relates to Bill No. 353)

That, on the recommendation of the Managing Director, Planning and City Planner, with respect to the application of 1365929 Ontario Ltd., relating to a portion of land located at 1500 Dundas Street East, the proposed by-law appended to the staff report dated September 6, 2016, BE INTRODUCED at the Municipal Council meeting to be held on September 13, 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 (CSA1) Zone TO a Community Shopping Area Special Provision (CSA1(*)) 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, and will serve to implement, the policies Provincial Policy Statement 2014, which promote an appropriate range and mix of land uses, economic development, and community investment readiness; -          the recommended Zoning By-law amendment is consistent with, and will serve to implement, the Auto-Oriented Commercial Corridor policies of the Official Plan; -          the recommended Zoning By-law amendment is consistent with, and will serve to implement, the Dundas Street Commercial Corridor policies of the Official Plan; and, -          the property is of sufficient size and configuration to accommodate the additional permitted use without resulting in any negative impacts on abutting properties;   it being further noted that Municipal Council received comments from the agent for the applicant in support of the staff recommendation.   (2016-D09)

13.   Property located at

21 Wharncliffe Road South (OZ-8484) (Relates to Bill No.’s 344 and 354)

That, on the recommendation of the Managing Director, Planning and City Planner, the following actions be taken with respect to the application of Farhi Holdings Corporation, relating to the property located at 21 Wharncliffe Road South:   a)            the proposed by-law appended to the staff report dated September 6, 2016, as Appendix “A” BE INTRODUCED at the Municipal Council meeting to be held on September 13, 2016 to amend the Official Plan to  change the designation of the subject lands FROM a Community Facility designation TO an Office/Residential Area designation and TO ADD a policy to section 10.1.3 – Policies for Specific Areas;   b)            the proposed by-law appended to the staff report dated September 6, 2016, as Appendix “B” BE INTRODUCED at the Municipal Council meeting to be held on September 13, 2016 to amend Zoning By-law No. Z.-1, (in conformity with the Official Plan, as amended in part a) above), to change the zoning of the subject property FROM a Regional Facility (RF) Zone TO a holding Residential R8 Special Provision/Office Residential Special Provision (h-18-R8-4()/OR()-H12) Zone;   c)            the Site Plan Approval Authority BE REQUESTED to consider the following design issues through the site plan process:   i)              screen the parking area along Wharncliffe Road South with enhanced landscaping through the maintenance of existing mature trees and the provision of a variety of shrubs and grasses; ii)             formalize the pedestrian walkway to the main entrance of the building to delineate the pedestrian areas from the driving surface and provide safe pedestrian circulation; iii)            formalize and delineate the pedestrian and cyclist connection from the Thames Valley Parkway to the building entrance; iv)        maintain singular vehicular access from Wharncliffe Road South; and, v)         retain as many of the mature trees on site as possible by strategically locating landscape islands in the new parking lot areas.   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 Office/Residential Area policies of the  Official Plan; -               the proposed range of uses are complementary to the adjacent existing residential neighbourhoods; and -               the proposal is a positive adaptive re-use of the existing building space which maintains the established built form;   it being further noted that Municipal Council received comments from the agent for the applicant in support of the staff recommendation.  (2016-D09)

9.   Building Division

Monthly Report for July 2016

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

11.   Property located on

a portion of 1654 Highbury Avenue North (Edgevalley Subdivision) (Z-8618) (Relates to Bill No. 352)

That, on the recommendation of the Senior Planner, Development Services, based on the application of the City of London, relating to the property located on a portion of 1654 Highbury Avenue North, the proposed by-law appended to the staff report dated September 6, 2016, BE INTRODUCED at the Municipal Council meeting to be held on September 13, 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 Residential R6/Residential R9 (h-h-54-h-100-R6-5/R9-7) Zone TO a Holding Residential R6/Residential R9 (h-h-54-h-100-R6-5/R9-7-H36) Zone, which permits single detached dwellings, semi-detached dwellings, duplex dwellings, triplex dwellings, townhouse dwellings, stacked townhouse dwellings, apartment buildings and fourplex dwellings with a maximum density of 35 units per hectare and a maximum height of 12.0 metres, apartment buildings, class 2 lodging houses, senior citizens apartment buildings, handicapped persons apartment buildings and continuum-of-care facilities, with a maximum density of 150 units, with the addition of a Height (H) Symbol to limit the height of apartment buildings to a maximum of 36 metres (approx. 12 storeys);   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 proposed development is consistent with the Provincial Policy Statement (2014); -          the proposed development is consistent with the policies of the Official Plan, the London Plan and meets the criteria for Planning Impact Analysis; and, -          the proposed change will correct an existing zone regulation and clarify the height maximum;   it being further noted that no public input was received by Municipal Council with respect to this matter.  (2016-D09)

15.   Walkway at Clayton

Walk

That the delegation and communication from M. Fantegrossi, 7055 Clayton Walk, with respect to the walkway on Clayton Walk, BE RECEIVED.   (2016-T04)

16.   8th Report of the

Trees and Forests Advisory Committee

That the following actions be taken with respect to the 8th Report of the Trees and Forests Advisory Committee from its meeting held on August 9, 2016:   a)            the Civic Administration BE REQUESTED to provide the Draft Climate Change Adaptation Strategy to the Trees and Forests Advisory Committee (TFAC), the Environmental and Ecological Planning Advisory Committee (EEPAC) and the Advisory Committee on the Environment (ACE) for the purposes of providing feedback;   b)            the following actions be taken with respect to the Humane Urban Wildlife Conflict Policy: Forestry Operations Wildlife Protocol:   i)              the Civic Administration BE INVITED to the September meeting of the Trees and Forests Advisory Committee (TFAC) to provide additional information with respect to current Forestry Operations Wildlife Protocol; and, ii)             it being noted that the TFAC received a verbal presentation from M. Blosh and F. Morrison with respect to this matter;   c)         the following actions be taken with respect to a Green Legacy Program:   i)         the Civic Administration BE REQUESTED to investigate the possibility of establishing a Green Legacy program in London similar to the Wellington County Green Legacy program; and, ii)        the Civic Administration BE REQUESTED to consider contacting Middlesex County, local conservation authorities, ReForest London, local school boards, and other planting organizations, to assist in the investigation of establishing a Green Legacy program; and,   it being noted that the establishment of this program would assist in achieving the goal of substantially increasing the tree population in the City of London as set out in the Urban Forest Strategy;   d)        the Civic Administration BE REQUESTED to provide the Trees and Forests Advisory Committee with the policies and guidelines that deal with trees damaged during roadwork construction and to advise as to the actions that will be taken with respect to the damage done to trees on Queenston; and,   e)         clauses 1, 3 to 8, 10, 13 and 14, BE RECEIVED.

17.   Brownfield Incentive

Application - Chelsea Green Meadows (33M-686)

That delegation status BE GRANTED to D. de Jong, 2423662 Ontario Ltd., at a future meeting of the Planning and Environment Committee with respect to the request for a Development Charge Rebate Grant relating to the registered plan of subdivision 33M-656 by 2423652 Ontario Ltd.; it being noted that the Planning and Environment Committee reviewed and received a communication dated August 15, 2016, from D. de Jong, 2423652 Ontario Ltd., and P. Aarts, Aar-Con Enterprises Corp and a communication dated January 6, 2016, from D. de Jong, 2423652 Ontario Ltd, with respect to this matter.  (2016-D09)

18.   Dundas Flex Street

  • Programming

That the Civic Administration BE DIRECTED to report back at a future meeting of the appropriate Standing Committee with respect to the Dundas Street Flex Programming to be considered concurrently with:   a)        the report on the Environmental Assessment is brought forward with draft Terms of Reference;   b)        a Business Plan; and,   c)        a pilot project being undertaken during the study period to study Market Lane to assist in establishing the “Dundas Flex Street Programming Authority” that would have the authority to establish programming for the Dundas Flex Street and would include the following individuals in the formulation of the draft Terms of Reference and Business Plan including, but not limited to, the following individuals:   -           Brian Ohl, Budweiser Gardens; -           Lori Da Silva, London Convention Centre; -           Janette MacDonald, Downtown London Business Association; -           John Winston, Tourism London; -           a representative from Fanshawe College; and, -           City of London Staff;   it being noted that the Planning and Environment Committee reviewed ad received the following communications with respect to this matter:   -           a communication dated August 22, 2016, from Councillor T. Park; and, -           a communication dated September 1, 2016, from J. MacDonald, CEO and General Manager, Downtown London.  (2016-D19)

Moved by Councillor T. Park

Seconded by Councillor S. Turner

Approve an amendment to part c) to read as follows:   c)        a pilot project being undertaken during the study period to study Market Lane to assist in establishing the “Dundas Flex Street Programming Authority” that would have the authority to establish programming for the Dundas Flex Street and would include the following individuals in the formulation of the draft Terms of Reference and Business Plan including, but not limited to, the following organizations:   -                  Budweiser Gardens; -                  London Convention Centre; -                  Downtown London Business Association; -                  Tourism London; -                  Fanshawe College; -                  City of London Staff; -                  London Arts Council; -                  London Music Hall; and, -                  the London Fringe Festival;

Motion Passed

Motion Passed

Moved by Councillor T. Park

Seconded by Mayor M. Brown

Approve clause 18, as amended.

Motion Passed

Motion Passed

IX.   ADDED

REPORTS

Moved by Councillor J. Morgan

Approve clauses 1 to 4.

X.   DEFERRED

MATTERS

XII.   EMERGENT

MOTIONS

Moved by Councillor V. Ridley

Seconded by Councillor J. Helmer

Approve that pursuant to section 20.2 of the Council Procedure By-law, leave be given for the introduction of an emergent motion to request the City Clerk to report back to the Strategic Priorities and Policy Committee with respect to temporary standing committee appointments during Councillor J. Zaifman’s absence.

Motion Passed

Motion Passed

Moved by Councillor V. Ridley

Seconded by Councillor M. van Holst

Approve that the City Clerk BE DIRECTED to report back to the Strategic Priorities and Policy Committee with respect to temporary standing committee appointments for the duration of Councillor J. Zaifman’s absence.

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 341 to 355, inclusive.

Motion Passed

Motion Passed

Moved by Councillor S. Turner

Seconded by Councillor T. Park

Approve Second Reading of Bill No.’s 341 to 355, inclusive.

Motion Passed

Motion Passed

Moved by Councillor S. Turner

Seconded by Councillor B. Armstrong

Approve Third Reading and Enactment of Bill No.’s 341 to 354, inclusive.

Motion Passed

Motion Passed

Moved by Councillor T. Park

Seconded by Councillor B. Armstrong

Approve Introduction and First Reading of Bill No. 356.

Motion Passed

Motion Passed

Moved by Councillor T. Park

Seconded by Councillor V. Ridley

Approve Second Reading of Bill No. 356.

Motion Passed

Motion Passed

Moved by Councillor M. van Holst

Seconded by Councillor T. Park

Approve Third Reading and Enactment of Bill No. 356.

Motion Passed

Motion Passed

Moved by Councillor B. Armstrong

Seconded by Councillor P. Hubert

Approve Introduction and First Reading of Bill No. 357.

Motion Passed

Motion Passed

Moved by Councillor M. van Holst

Seconded by Councillor B. Armstrong

Approve Second Reading of Bill No. 357.

Motion Passed

Motion Passed

Moved by Councillor M. van Holst

Seconded by Councillor B. Armstrong

Approve Third Reading and Enactment of Bill No. 357.

Motion Passed

Motion Passed

XIV.   ADJOURNMENT