March 21, 2017, 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 P. Hubert discloses a pecuniary interest in clause 9 of the 5th Report of the Planning and Environment Committee, together with the related Bill No. 131, both having to do with a city-wide Zoning By-law amendment pertaining to craft breweries and artisan workshops, by indicating that he is the Executive Director of a social service agency that will be opening a non-profit woodshop that would benefit from the Zoning By-law amendment.   Councillor P. Squire discloses a pecuniary interest in clause 4 of the 5th Report of the Planning and Environment Committee, together with the related Bill No. 128, both having to do with property located at 259 Sunningdale Road West, by indicating that he is a member of the Sunningdale Golf Club.

II.   RECOGNITIONS

1.   Disclosures of

Pecuniary Interest

That it BE NOTED that no pecuniary interests were disclosed.

III.   REVIEW OF

CONFIDENTIAL MATTERS TO BE CONSIDERED IN PUBLIC

IV.   COUNCIL, IN

CLOSED SESSION

Moved by Councillor M. Cassidy and seconded by Councillor P. Hubert

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 Council, in Closed Session, at 4:21 PM, with Mayor M. Brown in the Chair and all Members present except Councillors J. Morgan, S. Turner and T. Park.   Councillor S. Turner enters the meeting at 4:48 PM.   Councillor J. Zaifman leaves the meeting at 4:50 PM.   The Council, In Closed Session, rises at 5:18 PM and Council reconvenes at 5:20 PM, with Mayor M. Brown in the Chair and all Members present except Councillors J. Morgan, H.L. Usher, T. Park and J. Zaifman.

V.   CONFIRMATION

AND SIGNING OF THE MINUTES OF THE NINTH MEETING HELD ON MARCH 2, 2017

Moved by Councillor B. Armstrong

Seconded by Councillor J. Helmer

Approve the Minutes of the Ninth Meeting held on March 2, 2017.

Motion Passed

Motion Passed

VI.   COMMUNICATIONS

AND PETITIONS

Moved by Councillor M. Cassidy

Seconded by Councillor M. van Holst

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

2.   STAFF REPORT - 2017

Rock the Park One-Time Exemption Request

That the by-law included as Appendix A to the staff report dated March 20, 2017 BE INTRODUCED at the Municipal Council meeting of March 21, 2017 to approve a one-time exemption and amend the 2017 Special Events Policies and Procedures Manual to add a fifth day to the Rock the Park 14 event in July, 2017; it being understood that sound checks would not occur prior to 12:00 Noon on Sunday, July 16, 2017.

Motion Passed

Motion Passed

PRESENT:  Mayor M. Brown and Councillors M. van Holst, B. Armstrong, M. Salih, J. Helmer, M. Cassidy, P. Squire, P. Hubert, A. Hopkins, V. Ridley, S. Turner, H.L. Usher and J. Zaifman; and C. Saunders (City Clerk).   ABSENT:  Councillors J. Morgan and T. Park.   ALSO PRESENT:  M. Hayward, G. Belch, B. Card, V. McAlea Major, D. Popadic, L. Rowe, and B. Warner.

Moved by Councillor H.L. Usher

Approve:   1.         That the Council in Closed Session met, in camera, for the purpose of considering the following:   a)         A matter pertaining to advice that is subject to solicitor-client privilege, including communications necessary for that purpose, in connection with the implementation of audio recording of Municipal Council, Standing Committees in closed session meetings. (C1/11/CSC)   b)         A matter pertaining to litigation or potential litigation with respect to the expropriation of a property located at 1175 Hyde Park Road, including matters before administrative tribunals, affecting the municipality or local board; advice that is subject to solicitor-client privilege, including communications necessary for that purpose, in connection with the expropriation of a property located at 1175 Hyde Park Road and directions and instructions to officers and employees or agents of the municipality regarding settlement negotiations and conduct of litigation in connection with the expropriation of a property located at 1175 Hyde Park Road. (C2/11/CSC)

Motion Passed

Motion Passed

VII.   MOTIONS OF

WHICH NOTICE IS GIVEN

VIII.   REPORTS

Moved by Councillor P. Hubert

Approve clauses 1 to 6, 8 to 11, 15 and 16.

3.   STAFF REPORT -

Annual Review - 2017 Special Events Policies and Procedures Manual

That the following actions be taken with respect to the 2017 Special Events Policies and Procedures Manual:   a)            the proposed by-law included as Appendix B to the staff report dated March 20, 2017 BE INTRODUCED at the Municipal Council meeting of March 21, 2017 to approve the 2017 Special Events Policies and Procedures Manual; it being noted that a proposed amendment to the Manual is being proposed in clause 2, above, as it relates to an exemption to add a fifth day to the Rock the Park 14 event in July 2017; and   b)            the Civic Administration BE REQUESTED to report back, as part of the Council Policy report being provided to the Strategic Priorities and Policy Committee with respect to Chapter 17 of the Council Policy Manual, on the potential for reinstating escalating fines for repeated noise infractions and also options pertaining to insurance requirements.

4.   Music,

Entertainment and Culture District Feasibility Study and Strategy

That the following actions be taken with respect to Music, Entertainment and Culture Districts:   a)            the staff report dated March 20, 2017 BE RECEIVED; and   b)            the recommended Strategy contained in the staff report noted in a), above, BE APPROVED subject to the following:   i)              Operating Hours of Festivals and Events and Volume of Noise (Pages 63 to 65 of the Strategy contained in the Feasibility Study) being excluded from the approval and being reported upon separately to the Strategic Priorities and Policy Committee within two meeting cycles; it being noted that staff will work to implement the Strategy over time and within existing budgets or in association with the next 4-Year Multi-Year Budget;   ii)             the documentation being updated to redefine and rename the references to the “Downtown District” to the “Downtown & Old East Village Districts”; it being understood that these two Districts would not necessarily fall within one single boundary;   it being noted that J. Yanchula provided the attached presentation with respect to this matter;   it being pointed out that at the public participation meeting associated with this matter, the individuals indicated on the attached public participation meeting record made oral submissions in connection therewith.

Motion Passed

Motion Passed

5.   Property Located at

2120 Kains Road (H-8676) (Relates to Bill No. 129)

That, on the recommendation of the Senior Planner, Development Services, based on the application of Sifton Properties Limited, relating to the property located at 2120 Kains Road, the proposed by-law appended to the staff report dated March 6, 2017, BE INTRODUCED at the Municipal Council meeting to be held on March 21, 2017, to amend Zoning By-law No. Z.-1, (in conformity with the Official Plan), to change the zoning of the subject lands FROM a Holding Residential R6 Special Provision (h.*R6-5 (22)) Zone TO a Residential R6 Special Provision (R6-5 (22)) Zone to remove the “h” holding provision. (2017-D09)

6.   Properties located

at 1826 and 1854 Oxford Street West and 1170 Riverbend Road South Phase 1 (H-8716) (Relates to Bill No. 130)

That, on the recommendation of the Senior Planner, Development Services, based on the application by Sifton Properties Limited, relating to lands located at 1826 and 1854 Oxford Street West and 1170 Riverbend Road, on the south of Oxford Street West and east of Westdel Bourne, described as Lots 1-90 and Block 91 as shown on the draft-approved plan of subdivision (File No. 39T-14505 – Riverbend South Phase 1), the proposed by-law appended to the staff report dated March 6, 2017, BE INTRODUCED at the Municipal Council meeting to be held on March 21, 2017 to amend Zoning By-law Z.-1, (in conformity with the Official Plan), to change the zoning of the subject lands FROM a Holding Residential R1 (h-R1-5) Zone, a Holding Residential R1 (h-h-196-R1-5) Zone and a Holding Residential R5/R6 (h-R5-6/R6-5) Zone TO a Residential R1 (R1-5) Zone and a Residential R5/R6 (R5-6/R6-5) Zone to remove the holding (h and h-196) provisions.    (2017-D07)

8.   Property located at

1647 Fanshawe Park Road East (39T-105030)

That, on the recommendation of the Manager, Development Planning, the following actions be taken with respect to entering into a subdivision agreement between The Corporation of the City of London and 756949 Ontario Ltd., for the subdivisions of land over Part of Lots 1, 2 and 3 on Registered Plan 120(C), City of London, County of Middlesex, situated on the south side of Fanshawe Park Road East between Highbury Avenue North and Cedarhollow Boulevard:   a)         the Special Provisions, to be contained in a Subdivision Agreement between The Corporation of the City of London and 756949 Ontario Ltd., for the O’Hanlan Subdivision (39T-10503) appended to the staff report dated March 6, 2017, 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 March 6, 2017, as Schedule “B”;   c)         the Mayor and the City Clerk BE AUTHORIZED to execute this Agreement, any amending agreements and all documents required to fulfil its conditions; and,       d)         the Municipal Council BE REQUESTED to advise the London Police Services Board of the new development and to actively enforce the Highway Traffic Act for the duration of the construction for this subdivision.  (2017-D12)

9.   City Wide

Amendments (Z-8703) (Relates to Bill No. 131)

That, on the recommendation of the Managing Director, Planning and City Planner, the following actions be taken with respect to the application of the Corporation of the City of London, relating to the Zoning By-law review of artisanal uses in commercial and industrial areas in the City of London:     a)         the proposed by-law appended to the staff report dated March 6, 2017, BE INTRODUCED at the Municipal Council meeting to be held on March 21, 2017 to amend Zoning By-law No. Z.-1, (in conformity with the Official Plan), TO:   i)          add the definition of “ARTISAN WORKSHOP” to Section 2 (Definitions); ii)         add the definition of “CRAFT BREWERY” to Section 2 (Definitions); iii)         amend the definition of “CUSTOM WORKSHOP” in Section 2 (Definitions) to include Artisan Workshop; iv)        add parking standards for “ARTISAN WORKSHOP” to Section 4.19 10) b) (Parking Standards Areas 2 and 3); v)         add parking standards for “CRAFT BREWERY” to Section 4.19 10) b) (Parking Standards Areas 2 and 3); vi)        amend Section 20 (Downtown Area (DA1) Zone variation, Section 20 (Downtown Area (DA2) Zone variation), Section 25 (Business District Commercial (BDC) Zone variation), Section 26 (Arterial Commercial (AC4) Zone variation), and Section 40 (Light Industrial (LI1) Zone variation) to add “ARTISAN WORKSHOP” and “CRAFT BREWERY” as a permitted use; vii)       add new regulations to Section 20 (Downtown Area (DA1) Zone variation), Section 20 (Downtown Area (DA2) Zone variation), Section 25 (Business District Commercial (BDC) Zone variation), and Section 26 (Arterial Commercial (AC4) Zone variation) to provide a gross floor area maximum for “ARTISAN WORKSHOP” and “CRAFT BREWERY” uses; viii)       add new regulations to Section 20 (Downtown Area (DA1) Zone variation), Section 20 (Downtown Area (DA2) Zone variation), Section 25 (Business District Commercial (BDC) Zone variation), and Section 26 (Arterial Commercial (AC4) Zone variation) to require a retail or restaurant use for “ARTISAN WORKSHOP” and “CRAFT BREWERY” uses located on the ground floor with street front access; and, ix)        add new regulations to Section 40 (Light Industrial (LI1) Zone variation) to provide a gross floor area maximum, parking rate, and access requirements to all ancillary uses to “ARTISAN WORKSHOP” and “CRAFT BREWERY” uses; and,   b)         the Civic Administration BE DIRECTED to report back at a future Planning and Environment Committee meeting with an amendment to  allow outdoor patios for Craft Brewers and Artisanal Workshops;   it being pointed out that at the public participation meeting associated with these matters, the individuals indicated on the attached public participation meeting record made oral submissions regarding these matters;   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 of the Provincial Policy Statement, 2014, which promotes economic development and competitiveness by providing opportunities for a diversified economic base, including maintaining a range and choice of suitable sites for employment uses which support a wide range of economic activities and ancillary uses, and take into account the needs of existing and future businesses; -                     the recommended Zoning By-law amendment is consistent with, and will serve to implement the policies of the City of London Official Plan related to economic development initiatives, support for unique neighbourhoods, and the planned function of the individual land use designations which the new uses would be permitted in; -                     the recommended Zoning By-law amendment is consistent with, and will serve to implement the city-wide policies of The London Plan related to the revitalization of urban neighbourhoods and business areas and the promotion of a vibrant business environment that offers a wide range of economic opportunities as well as the planned function of the individual place types which the new uses would be permitted in; and -                     the recommendation is consistent with the general intent of the Zoning By-law and provides for uses that are not currently provided for within the Zoning By-law.   (2017-D09)

Motion Passed

Motion Passed

10.   Properties located

at 946, 954 and 962 Longworth Road (H8713) (Relates to Bill No. 132)

That, on the recommendation of the Planner II, Development Services, based on the application of Norquay Buttonbush Land Corp., relating to the properties located at 946, 954 and 962 Longworth Road, the proposed by-law appended to the staff report dated March 6, 2017, BE INTRODUCED at the Municipal Council meeting to be held on March 21, 2017, to amend Zoning By-law No. Z.-1, (in conformity with the Official Plan), to change the zoning FROM a Holding Residential R1 (h-94R1-8) Zone and a Holding Residential R1 (h-189R1-8) Zone TO a Residential R1 (R1-8) Zone to remove the “h-94” and “h-189” holding provisions; it being noted that the Planning and Environment Committee a heard verbal delegation from C. Linton, Developro Land Services Inc., with respect to this matter.   (2017-D09)

11.   Property located at

1170 Riverbend Road (39CD-16515/SPA16-046)

That, on the recommendation of the Senior Planning, Development Services, the following actions be taken with respect to the application of Sifton Properties Limited, relating to the lands located at 1170 Riverbend Road:   a)         the Approval Authority BE ADVISED that there were no issues raised at the public participation meeting of the Planning and Environment Committee with respect to the application for Draft Plan of Vacant Land Condominium for the subject lands; and,   b)         the Approval Authority BE ADVISED that there were no issues raised at the public participation meeting of the Planning and Environment Committee with respect to the Site Plan Approval application for the subject lands;   it being pointed out that at the public participation meeting associated with these matters, the individual indicated on the attached public participation meeting record made an oral submission regarding these matters;   it being noted that the Municipal Council approves this application for the following reasons:   -           the proposed draft plan of vacant land condominium conforms to the City’s Official Plan and Condominium Submission Review and Approval Guidelines; -           the proposed residential use is permitted under the Zoning By-law.  A concurrent application has been made to remove the holding provision, and is being brought forward under separate report; and, -           application for Site Plan Approval has also been submitted and reviewed in conjunction with the application for Vacant Land Condominium. The application for Site Plan Approval has advanced to the stage where a development agreement is being finalized and securities have been received by the City;   it being further noted that Municipal Council received comments from the agent for the applicant in support of the staff recommendation.    (2017-D07)

15.   Ombudsman

Investigation Letter

That the communication dated March 1, 2017 from M. Bird, Counsel, Ombudsman Ontario, regarding a complaint received with respect to the City of London’s decision to move City services to Citi Plaza, and the in-camera discussion about the move, BE RECEIVED.

16.   Canadian Coalition

of Municipalities Against Racism and Discrimination

That the application of Councillor H.L. Usher to the Canadian Coalition of Municipalities Against Racism and Discrimination (CCMARD) for its two-year pilot project of an Advisory Committee for the organization, BE SUPPORTED by the Municipal Council; it being noted that there are no anticipated costs for the municipality related to membership on this Advisory Committee.

Motion Passed

Motion Passed

7.   Jubilee Subdivision

(39T-16501)

That, on the recommendation of the Manager, Development Planning, the following actions be taken with respect to entering into a subdivision agreement between The Corporation of the City of London and Drewlo Holdings Inc., for the subdivisions of land over Block 241, Plan 33M-605, City of London, County of Middlesex, situated on the east side of Blackacres Drive, south of Jubilee Crescent, known as 1931 Jubilee Crescent:   a)         the Special Provisions, to be contained in a Subdivision Agreement between The Corporation of the City of London and Drewlo Holdings Inc. for the Jubilee Crescent Subdivision (39T-16501) appended to the staff report dated March 6, 2017 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 March 6, 2017, as Schedule “B”,   c)         the Mayor and the City Clerk BE AUTHORIZED to execute this Agreement, any amending agreements and all documents required to fulfill its conditions;   d)         the Municipal Council BE REQUESTED to advise the London Police Services Board of the new development and to actively enforce the Highway Traffic Act for the duration of the construction for this subdivision; and,   e)         the Municipal Council BE ADVISED that there will be increased operating and maintenance costs for works being assumed by the City. (2017-D12)

12.   Property located at

Former 1 Terrace Street

That, on the recommendation of the Managing Director, Planning and City Planner, relating to the property formerly municipally numbered as 1 Terrace Street, the application from 2423652 Ontario Ltd. for a reimbursement on 50% of Development Charges paid by property owners other than the applicant, up to a maximum amount of $147,422.22 BE REFUSED as the application does not conform with the program requirements in the Community Improvement Plan for Brownfield Incentives; it being noted that the Planning and Environment Committee heard a verbal delegation from P. Hinde, Manager, Land Development, Tridon Group of Companies, with respect to this matter.  (2017-D09)

13.   Request for

Business Improvement Area - Hamilton Road

That the following actions be taken with respect to the request to create a Hamilton Road Business Improvement Area:   a)         the letter dated February 9, 2017 from R. Pinheiro, President, Hamilton Road Area Business Association requesting the creation of a Hamilton Road Business Improvement Area, BE RECEIVED;   b)         the Civic Administration BE REQUESTED to provide $50,000 funding from the appropriate funding source as identified by the Civic Administration; and,   c)         the Civic Administration BE DIRECTED to take the steps necessary, in 2018, to create a Hamilton Road Business Improvement Area.  (2017-D19)

14.   StormFisher

Operations

That delegation status BE GRANTED to B. Moffatt, StormFisher, at a future meeting of the Planning and Environment Committee, concurrent with a staff report with respect to an outline of StormFisher operations.   (2017-E07)

Motion Passed

Motion Passed

17.   Start Time of

Corporate Services Committee Meetings

That the City Clerk BE DIRECTED to bring forward the necessary amendments to the Council Procedure By-law A-50, as amended, to amend the start time for future regularly scheduled meetings of the Corporate Services Committee to 12:30 PM, instead of the current 12:00 PM.

Motion Passed

Motion Passed

Moved by Councillor M. van Holst

Approve clauses 1 to 12, excluding clause 9.

IX.   ADDED

REPORTS

Moved by Councillor P. Hubert

Approve clauses 1, 3 and 4

X.   DEFERRED

MATTERS

XI.   ENQUIRIES

XII.   EMERGENT

MOTIONS

XIII.   BY-LAWS

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

Moved by Councillor S. Turner

Seconded by Councillor H.L. Usher

Approve Introduction and First Reading of Bill No.’s 112 to 188, Bill No. 119, as amended, and Bill No.’s. 120 to 135, excluding Bill No.’s 128, 131 and 133.

Motion Passed

Motion Passed

Moved by Councillor M. van Holst

Seconded by Councillor B. Armstrong

Approve Second Reading of Bill No.’s 112 to 188, Bill No. 119, as amended, and Bill No.’s. 120 to 135, excluding Bill No.’s 128, 131 and 133.

Motion Passed

Motion Passed

Moved by Councillor S. Turner

Seconded by Councillor B. Armstrong

Approve Third Reading and Enactment of Bill No.’s 112 to 188, Bill No. 119, as amended, and Bill No.’s. 120 to 135, excluding Bill No.’s 128, 131 and 133.

Motion Passed

Motion Passed

Moved by Councillor S. Turner

Seconded by Councillor M. van Holst

Approve Introduction and First Reading of Bill No. 128.

Motion Passed

Motion Passed

Moved by Councillor M. van Holst

Seconded by Councillor B. Armstrong

Approve Second Reading of Bill No. 128.

Motion Passed

Motion Passed

Moved by Councillor M. van Holst

Seconded by Councillor A. Hopkins

Approve Third Reading and Enactment of Bill No. 128.

Motion Passed

Motion Passed

Moved by Councillor S. Turner

Seconded by Councillor A. Hopkins

Approve Introduction and First Reading of Bill No. 131.

Motion Passed

Motion Passed

Moved by Councillor S. Turner

Seconded by Councillor A. Hopkins

Approve Second Reading of Bill No. 131.

Motion Passed

Motion Passed

Moved by Councillor S. Turner

Seconded by Councillor V. Ridley

Approve Third Reading and Enactment of Bill No. 131.

Motion Passed

Motion Passed

Moved by Councillor M. van Holst

Seconded by Councillor B. Armstrong

Approve Introduction and First Reading of Bill No. 133.

Motion Passed

Motion Passed

Moved by Councillor M. van Holst

Seconded by Councillor J. Helmer

Approve Second Reading of Bill No. 133.

Motion Passed

Motion Passed

Moved by Councillor M. Cassidy

Seconded by Councillor A. Hopkins

Approve Third Reading and Enactment of Bill No. 133.

Motion Passed

Motion Passed

XIV.   ADJOURNMENT