May 16, 2017, at 4:01 PM

Original link

The Council meets in Regular Session in the Council Chambers this day at 4:01 PM.

I.   DISCLOSURES

OF PECUNIARY INTEREST

II.   RECOGNITIONS

III.   REVIEW OF

CONFIDENTIAL MATTERS TO BE CONSIDERED IN PUBLIC

XI.   ENQUIRIES

Moved by Councillor M. Salih

Seconded by Councillor M. van Holst

Approve that pursuant to section 11.4 of the Council Procedure By-law, leave be given to bring forward a substantive motion.

Motion Passed

Motion Passed

Moved by Councillor M. Salih

Seconded by Councillor J. Helmer

Approve that the following additional matter be considered during the Council, In Closed Session:   A matter pertaining to personal matters, including municipal employees of one of the Corporation’s associations, with respect to employment related matters, litigation or potential litigation, advice that is subject to solicitor-client privilege and communications necessary for those purposes, advice or recommendations of officers and employees of the Corporation, including communications necessary for those purposes and for the purposes of providing instructions and directions to officers and employees of the Corporation.

Motion Passed

Motion Passed

IV.   COUNCIL, IN CLOSED SESSION

(CONTINUED)

Moved by Councillor J. Helmer

Seconded by Councillor V. Ridley

Approve that Council rise and resume In Closed Session at 9:45 PM, for the purpose of considering the following matters:   a)         (ADDED)  A matter pertaining to personal matters, including information regarding identifiable individuals, including municipal employees, with respect to employment related matters, advice or recommendations of officers and employees of the Corporation including communications necessary for that purpose and for the purpose of providing instructions and directions to officers and employees of the Corporation. (C-1/11/SPPC)   b)         (ADDED)   A matter pertaining to personal matters about an identifiable individual with respect to employment-related matters and advice and recommendations of officers and employees of the Corporation including communications necessary for that purpose. (C-2/11/SPPC)

Motion Passed

Motion Passed

V.   CONFIRMATION

AND SIGNING OF THE MINUTES OF THE FIFTEENTH MEEING HELD ON MAY 2, 2017.

Moved by Councillor H.L. Usher

Seconded by Councillor M. Cassidy

Approve the Minutes of the Fifteenth meeting held on May 2, 2017.

Motion Passed

Motion Passed

VI.   COMMUNICATIONS

AND PETITIONS

Moved by Councillor H.L. Usher

Seconded by Councillor T. Park

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

1.   Disclosures of Pecuniary Interest

2.   1st Report of the Governance Working Group

3.   Council Policy Manual Review of Chapters 1,

2, 3, 4, 6 and 8

Moved by Councillor V. Ridley

Seconded by Councillor P. Hubert

Approve that pursuant to section 13.6 of the Council Procedure By-law, the actions of the Municipal Council taken at its meeting of March 2, 2017, related to the process for updating the Council Policy Manual BE RECONSIDERED.

Motion Passed

Motion Passed

Moved by Councillor V. Ridley

Seconded by Councillor M. Cassidy

Approve that clause 3 be amended to read as follows:   That the following actions be taken with respect to the updating of the Council Policy Manual:   a)         the Civic Administration BE DIRECTED to direct proposed amendments under Phase II of the project to the Governance Working Group for review and recommendation to the Strategic Priorities and Policy Committee; and   b)         subsequent to the completion of Phase II of the project, the Governance Working Group BE DIRECTED to review and make recommendations with respect to the overall modernization of the Council Policy Manual.

Motion Passed

Motion Passed

4.   Update on Municipal Implications of the

Truth and Reconciliation Commission Report

At 8:45 PM His Worship the Mayor places Councillor P. Hubert in the Chair, and takes a seat at the Council Board.   At 8:49 PM His Worship the Mayor resumes the Chair, and Councillor P. Hubert takes his seat at the Council Board.

Moved by Councillor M. van Holst

Seconded by Councillor T. Park

Approve that the request to invite the Munsee-Delaware Nation, the Oneida Nation of the Thames and the Chippewas of the Thames First Nation to provide their flags and have them raised in an appropriate manner at London City Hall BE REFERRED to the Civic Administration in order to allow for consultation and report back with respect this matter.

Motion Passed

Motion Passed

Motion Passed

Motion Passed

Moved by Councillor P. Hubert

Seconded by Councillor M. van Holst

Approve that, pursuant to section 20.1 of the Council Procedure By-law, leave BE GIVEN for the introduction of an emergent motion to authorize the flying of Canadian flags on utility poles along City of London streets until September 5, 2017, in celebration of Canada’s 150th Anniversary, subject to the consent of London Hydro and providing that the flags and their accessories do not pose any risk to worker or public safety.

Motion Passed

Motion Passed

Moved by Councillor P. Hubert

Seconded by Councillor A. Hopkins

Approve that the flying of Canadian flags on utility poles along City of London streets until September 5, 2017, in celebration of Canada’s 150th Anniversary, BE AUTHORIZED subject to the consent of London Hydro and providing that the flags and their accessories do not pose any risk to worker or public safety.

Motion Passed

Motion Passed

Moved by Councillor P. Hubert

Seconded by Councillor H.L. Usher

Approve that, pursuant to section 20.1 of the Council Procedure By-law, leave BE GIVEN for the introduction of an emergent motion to authorize a contribution of $2,000 from the Contingency Reserve Fund in order to assist in relief efforts in the Township of Minden Hills, Ontario, specifically by way of a contribution to Minden’s local Food Bank.

Motion Passed

Motion Passed

Moved by Councillor P. Hubert

Seconded by Mayor M. Brown

Approve that a contribution of $2,000 from the Contingency Reserve Fund BE AUTHORIZED in order to assist in relief efforts in the Township of Minden Hills, Ontario, specifically by way of a contribution to Minden’s local Food Bank.

Motion Passed

Motion Passed

IX.   ADDED REPORTS (continued)

Moved by Councillor P. Hubert

Seconded by Councillor H.L. Usher

Approve clause 1.

Motion Passed

Motion Passed

10.   5th Report of

London Advisory Committee on Heritage

That the following actions be taken with respect to the 5th Report of the London Advisory Committee on Heritage from its meeting held on April 12, 2017:   a)            the Civic Administration BE ADVISED that, in the opinion of the London Advisory Committee on Heritage (LACH), the application by Rygar Corporation Inc., relating to the properties located at 150 Dundas Street and 153 Carling Street, does not have any adverse impacts to the on-site heritage resources; it being noted that given the premiere location, the Heritage Impact Statement does not adequately address the following impacts to downtown heritage resources:   -                     first story articulation, including transparency of first floor glass, and a smaller scale, pedestrian-friendly scale, in keeping with the Downtown Heritage Conservation District; -                     more significant design characteristics of the entire tower with more attention paid to the top in order to make it a skyline feature; and,   -                     a podium setback of 5 metres, increased from 3 metres, on both street fronts in compliance with the Heritage Conservation District guidelines;   b)            the Civic Administration BE ADVISED that the London Advisory Committee on Heritage (LACH) supports a one year extension of the temporary operation of a commercial parking lot as per the application by Sifton Properties Limited, with respect to the property located at 221 Queens Avenue; it being noted that the LACH encourages the redevelopment of vacant spaces in the downtown Heritage Conservation District;   c)            the following actions be taken with respect to the London Advisory Committee on Heritage (LACH) Work Plan:   i)          the 2017 LACH Work Plan appended to the 5th Report of the LACH BE FORWARDED to the Municipal Council for consideration; and, ii)         the 2016 LACH Work Plan Summary appended to the 5th Report of the LACH BE FORWARDED to the Municipal Council for information;   d)            the initiative of creating a committee information brochure for the London Advisory Committee on Heritage BE REFERRED to the Education Sub-Committee;       e)            the Committee Secretary BE REQUESTED to place the staff report related to vacant unit rebates and vacant/excess land subclass tax reductions, listed as item number 5 on the Heritage Planners’ Report, on the May agenda of the London Advisory Committee on Heritage; it being noted that the submission from K. Gonyou and L. Dent, Heritage Planners, with respect to various updates and events, was received;   f)             clauses 1 to 9, 11, 13, 17 and 18, BE RECEIVED;   it being noted that the Planning and Environment Committee did not hear a delegation from D. Dudek, Chair, London Advisory Committee on Heritage, with respect to these matters.

VII.   MOTIONS OF

WHICH NOTICE IS GIVEN

VIII.   REPORTS (Continued)

Moved by Councillor M. van Holst

Approve clauses 1 to 21, excluding clauses 11, 13 and 15.

5.   Growth Management Implementation Strategy

(GMIS): 2018 Annual Review & Update

6.   London and Middlesex Housing Corporation

(LMHC) – State of Infrastructure

7.   Request for a Shareholder’s Meeting for the

London & Middlesex Housing Corporation

8.   Request for a Shareholder’s Meeting for the

Housing Development Corporation, London

9.   Request for a Shareholder’s Meeting for

London Hydro Inc.

12.   Property located at

1992 Fanshawe Park Road West (TZ-8734) (Relates to Bill No. 215)

That, on the recommendation of the Managing Director, Planning and City Planner, based on the application of Ken Van Steensel, relating to the property located at 1992 Fanshawe Park Road West, the proposed by-law appended to the staff report dated May 8, 2017, BE INTRODUCED at the Municipal Council meeting to be held on May 16, 2017 to amend Zoning By-law No. Z.-1, (in conformity with the Official Plan), to extend the Temporary Use (T-45) Zone to permit a golf driving range and accessory uses for an additional three (3) year period;   it being noted 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 extension of the Temporary Use (T-45) Zone conforms to the criteria for temporary uses in Section 19.4.5 of the Official Plan and in Policy 1672 of the London Plan; -                    the golf driving range permitted by the Temporary Use (T-45) Zone is a seasonal outdoor use and a low-impact use. The golf driving range is compatible with the surrounding land uses and has operated on the subject property for an extended period of time without any serious adverse impacts for the surrounding agricultural uses, residential uses and natural heritage features; -                    the portion of the subject property used for the golf driving range can easily revert back to agricultural use should the lands be required for that purpose; and the golf driving range will not preclude the subject property or the surrounding area from future planning and development; and,   -                     the subject property is a sufficient size to accommodate the existing golf driving range, the required on-site parking and related traffic movements/circulation.   (2017-D09)

Motion Passed

Motion Passed

14.   Properties located

at 560 and 562 Wellington Street (OZ-8462)

That the application by GSP Group Inc. for the property located at 560 and 562 Wellington Street BE REFERRED back to the Civic Administration to continue to work with the applicant to submit a revised application for consideration at a future Public Participation Meeting that is more in keeping with and conforms to the West Woodfield Heritage Conservation District Plan, the Official Plan and The London Plan;   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 these matters;   it being noted that the Planning and Environment Committee reviewed and received the following communications, with respect to this matter;   -                     a communication dated April 30, 2017, from H. Elmslie, 63 Arcadia Crescent; -                     a communication dated May 4, 2017, from R. Cane, 93 Shavian Boulevard; -                     a communication dated May 4, 2017, from A. Kingshott, 1673 Richmond Street; -                     a communication dated May 4, 2017, from J. Crane, 829 Richmond Street; -                     a communication dated May 4, 2017, from G. Kerhoulas, Cushman and Wakefield Southwestern Ontario, Brokerage; -                     a communication dated May 4, 2017, from J. Petrie and A. Crake, 532 Dufferin Avenue; -                     a communication dated May 4, 2017, from J. Crich, Auburn Developments; -                     a communication dated May 2, 2017, from J. MacDonald, G. Gallacher and D. McCallum, Downtown London; -                     a communication dated May 5, 2017, from C. and L. Rorabeck, 1440 Corley Drive.   (2017-D09)

At 8:08 PM, His Worship the Mayor places Councillor P. Hubert in the Chair and takes a seat at the Council Board.   At 8:11 PM, His Worship the Mayor resumes the Chair, and Councillor P. Hubert takes his seat at the Council Board.

Motion Failed

Motion Failed

Motion Passed

Motion Passed

16.   Request for

Rescheduling of June 15 Public Participation Meeting

The motion to Approve part a) of clause 16 is put:   a)       pursuant to section 13.6 of the Council Procedure By-law, the actions of the Municipal Council taken at its meeting of May 2, 2017, related to the adoption of part a) of clause 4 of the 8th Report of the Planning and Environment Committee, concerning the June 15, 2017 public participation meeting relating to the review of impacts from industrial sources (focus on odour) and potential municipal actions, BE RECONSIDERED;

Motion Passed

Motion Passed

The  motion to Approve part b) of clause 16 is put:   That, the following actions be taken with respect to the request of the Shaver-Brockley Coalition to postpone the public participation meeting schedule for June 15, 2017 with respect to the review of impacts from industrial sources (focus on odour) and potential municipal actions:   b)         the City Clerk BE DIRECTED to make the necessary arrangements to hold a public participation meeting with respect to the review of impacts from industrial sources (focus on odour) and potential municipal actions at a future meeting of the Planning and Environment Committee at a time that is mutually acceptable to all parties;   it being noted that the Planning and Environment Committee reviewed and received a communication dated May 5, 2017 from R.-L. Gillis, Brockley-Shaver Coalition, with respect to this matter.

Motion Passed

Motion Passed

Moved by Councillor P. Hubert

Approve clauses 1 and 2.

17.   Deferred Matters

List

That the Civic Works Committee Deferred Matters List, as of May 2nd, 2017, BE RECEIVED.

18.   Councillor M. van

Holst - Highbury Bridge Drainage

That the Civic Administration BE REQUESTED to review and report back with respect to current drainage issues and long term solutions for the bridge located at the Highbury Avenue extension.

19.   Councillor M. van

Holst - Proposed Strategy - BRT Rollout

That the attached request from Councillor M. van Holst with respect to the use of an agile and low impact strategy for the roll out of the Bus Rapid Transit Strategy BE REFERRED to the Rapid Transit Implementation Working Group for consideration.

20.   Enquiry -

Councillor B. Armstrong - Basement Flooding - Third Street/CP Crossing

That it BE NOTED that Councillor B. Armstrong advised staff of concerns with respect to basement flooding in homes located on the east side of Third Street at the CP Crossing and enquired about possible solutions to assist the affected homeowners.

21.   Enquiry -

Councillor J. Helmer - Relocation of Railroad Lines

That it BE NOTED that Councillor J. Helmer enquired what the process was for requesting that the CP Railroad lines be relocated from the Downtown.  The Director, Roads and Transportation advised that he would arrange for a copy of a letter from CP Rail with respect to this matter to be posted on the FAQ website.

11.   Potential Additional Strategic Priorities

and Policy Committee Meeting

13.   Property located at

515 Richmond Street (Z-8704) (Relates to Bill No. 216)

That, on the recommendation of the Managing Director, Planning and City Planner, the following actions be taken with respect to the application of Old Oak Properties, relating to the property located at 515 Richmond Street:             a)            the proposed by-law appended to the staff report dated May 8, 2017, BE INTRODUCED at the Municipal Council meeting to be held on May 16, 2017 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 Downtown Area (h-3-DA2-D250) Zone TO a Downtown Area Bonus (DA2-B-()) Zone; it being noted that the Bonus “B-() Zone shall be implemented through a development agreement that would provide for increased height up to 101 metres and an increased density up to 342 units per hectare in return for the following services, facilities and matters which are described in greater detail in the proposed by-law:   i)              a building design which, with minor variations at the discretion of the Managing Director, Planning and City Planner, is consistent with the Site Plan and illustrations shown in Schedule “1” of the amending by-law appended to the staff report dated May 8, 2017;   ii)             High Design Standards     the site-specific building design to be constructed in this prominent Downtown location, promoted by:               Base Features:   i)          a base height equal to two stories, including floor to ceiling vision glass on the east façade and wrapping around partially to the south and north facades; ii)         60% vision glass on the south, east and north facades, including a secondary entrance on the south façade facing the storefronts of the adjacent commercial building; iii)         seven architectural stainless steel columns to the east and south of the building supporting the residential floors above; iv)        a large canopy supported by steel columns, extending towards the street on a slight angle with lighting integrated on the underside; v)         an enclosed corridor attaching the main building to the parking structure, including alternating resident storage areas and vision glass into the corridor;   Tower Features:   vi)        a point tower form with a tower floor-plate maximum of 700 square metres; vii)        60% (linear) vision glass on residential floors; viii)       fully wrap-around balconies on floors 3 through 28, alternating every 4th or 5th floor between the following:   A)        wood finish metal panel on the underside and visible portions of the balcony, paired with tainted glass and a coordinated colour for metal portions of the railing; balconies rotated on a slight angle (  3 degrees) from the angle of the building; and, B)        light grey finish metal panel on the underside and visible portions of the balcony, paired with clear glass and a coordinated colour for metal portions of the railing; balconies rotated on the opposite angle of above;   ix)        light grey finish metal panel balconies wrapping two separate portions of the building on floors 29 through 32, with wood finish metal panel balconies wrapping the north east corner with a higher portion of vision glass and a taller roof height and cap; x)         a mechanical penthouse fully enclosed and clad in materials complimentary to the building.   Pedestrian Plaza and Forecourt:   xi)        a pedestrian-only plaza located in the setback from Richmond Street, delineated from the public sidewalk by fixed, architectural planters with integrated seating; and, xiv)      a decorative pavement pattern extending across the east entry plaza and into the linear plaza on the south side of the building;   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 these matters;   it being noted that the Planning and Environment Committee reviewed and received a communication dated May 3, 2017 from F. Tranquilli, Lerners, with respect to this matter;   it being further 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 “Managing and Directing Land Use to Achieve Efficient and Resilient Development and Land Use Patterns” policies of Section 1.0 of the Provincial Policy Statement, 2014; -                     the recommended Zoning By-law amendment is consistent with, and will serve to implement, the “Wise Use and Management of Resources” policies of Section 2.0 of the Provincial Policy Statement; -                     the recommended Bonus “B-()” Zone is consistent with, and will serve to implement, the Downtown Area, Urban Design and Bonus Zone policies of the City of London Official Plan and the Strategic Directions of the “Our Move Forward: London’s Downtown Plan” and design principles of the “Downtown Design Manual”; -                     the recommended Zoning By-law amendment is consistent with, and will serve to implement, the Cultural Heritage policies of the City of London Official Plan and the “West Woodfield Heritage Conservation District”; -                     the recommended Bonus “B-()” Zone, including the recommended front yard setback from Richmond Street, ensures that the building form and design, including the public plaza (that area to the south of the proposed apartment tower) and public arcade (that area to the east of the proposed apartment tower) fit within the surrounding area and provide for an enhanced design standard; -                     the removal of the Holding “h-3” Zone is viewed as being appropriate given the findings of the Pedestrian Level Wind Preliminary Impact Assessment submitted in support of the requested Zoning By-law amendment; and, -                     the recommended Zoning By-law amendment is also viewed as being consistent with, and serves to implement, the use, intensity and form policies of the Downtown Place Type of the London Plan.    (2017-D09)

15.   5th Report of the

Trees and Forests Advisory Committee

That the following actions be taken with respect to the 5th Report of the Trees and Forests Advisory Committee from its meeting held on April 26, 2017:   a)            the following actions be taken with respect to the 4th Report of the Trees and Forests Advisory Committee (TFAC);   i)              clause 6 of the 4th Report of the TFAC be amended to delete clause c) of the clause; it being noted that the TFAC endorsed the Tree Planting Strategy based on a verbal presentation and was not provided with a copy of the strategy to thoroughly review and further were advised there was a hard deadline of April 24, 2017 for comment; and, ii)             clauses 1 to 5 and 7 to 11, BE RECEIVED; and,   b)       clauses 1 and 3 to 10, BE RECEIVED.

X.   DEFERRED

MATTERS

XIII.   BY-LAWS

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

Moved by Councillor H.L. Usher

Seconded by Councillor J. Helmer

Approve Introduction and First Reading of Bill No.’s 203, 204, revised Bill No. 205, Bill No.’s 2016 to  214, Bill No. 216 and the Added Bill No. 217.

Motion Passed

Motion Passed

Moved by Councillor M. van Holst

Seconded by Councillor J. Helmer

Approve Second Reading of Bill No.’s 203, 204, revised Bill No. 205, Bill No.’s 206 to 214, Bill No. 216 and the Added Bill No. 217.

Motion Passed

Motion Passed

Moved by Councillor S. Turner

Seconded by Councillor J. Helmer

Approve Third Reading and Enactment of Bill No.’s 203, 204, revised Bill No. 205, Bill No.’s 206 to 214, Bill No. 216 and the Added Bill No. 217.

Motion Passed

Motion Passed

Moved by Councillor A. Hopkins

Seconded by Councillor H.L. Usher

Approve Introduction and First Reading of Bill No.215.

Motion Passed

Motion Passed

Moved by Councillor M. van Holst

Seconded by Councillor A. Hopkins

Approve Second Reading of Bill No.215.

Motion Passed

Motion Passed

Moved by Councillor H.L. Usher

Seconded by Councillor J. Helmer

Approve Third Reading and Enactment of Bill No. 215.

Motion Passed

Motion Passed

XIV.   ADJOURNMENT