August 22, 2017, at 4:02 PM

Original link

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

I.   DISCLOSURES

OF PECUNIARY INTEREST

Councillor S. Turner discloses a pecuniary interest in clauses 2 and 4 of the 10th Report of the Community and Protective Services Committee, having to do with communications from the Middlesex-London Health Unit and the establishment of an Opioid Crisis Working Group, respectively, by indicating that these matter pertain to his employer.   Councillor V. Ridley discloses a pecuniary interest in clause 8 of the 13th Report of the Civic Works Committee, having to do with the Ontario Power Generation’s proposed Nuclear Waste Repository, by indicating that she owns property in the area.

II.   RECOGNITIONS

1.   Disclosures of

Pecuniary Interest

That it BE NOTED that no pecuniary interests were disclosed.

2.   Middlesex-London

Health Unit

That it BE NOTED that communications dated June 27, 2017, from J. Helmer, Chair, Middlesex-London Board of Health, with respect to the Middlesex-London Health Unit 2016 Reserve/Reserve Fund Balances and Funding Apportionment, were received. (2017-F20/2017-F11-A)

Motion Passed

Motion Passed

III.   REVIEW OF

CONFIDENTIAL MATTERS TO BE CONSIDERED IN PUBLIC

IV.   COUNCIL, IN

CLOSED SESSION

Moved by Councillor M. van Holst

Seconded by Councillor J. Helmer

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

Motion Passed

Motion Passed

V.   CONFIRMATION

AND SIGNING OF THE MINUTES OF THE TWENTIETH MEETING HELD ON JULY  25, 2017

Moved by Councillor B. Armstrong

Seconded by Councillor V. Ridley

Approve the Minutes of the Twentieth Meeting held on July 25, 2017.

Motion Passed

Motion Passed

VI.   COMMUNICATIONS

AND PETITIONS

Moved by Councillor H.L. Usher

Seconded by Councillor J. Morgan

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

XII.   EMERGENT

MOTIONS

Moved by Councillor J. Helmer

Seconded by Councillor A. Hopkins

Approve that pursuant to section 20.1 of the Council Procedure By-law, leave BE GIVEN for the introduction of an emergent motion pertaining to a rally that is to be held on August 26, 2017.

Motion Passed

Motion Passed

Moved by Mayor M. Brown and seconded by Councillor M. Salih

Approve that the Municipal Council and the City of London stand against all forms of racism, bigotry and hatred, including white supremacy/nationalist groups whose ideologies threaten the security of our community and undermines our commitment to foster a safe and inclusive environment for everyone, and the Civic Administration BE DIRECTED to prepare a council policy to confirm the prohibition of activities of organizations whose ideologies are contrary to the City of London in civic spaces and/or city-owned facilities and spaces.

Motion Passed

Motion Passed

VII.   MOTIONS OF

WHICH NOTICE IS GIVEN

VIII.   REPORTS

Moved by Councillor J. Helmer

Approve clauses 1 to 3.

3.   Community Diversity

and Inclusion Strategy

That, on the recommendation of the Director, Community and Economic Innovation, on behalf of the Community Diversity and Inclusion Strategy (CDIS) Steering Committee and Champions, the following actions be taken:   a)         the Community Diversity and Inclusion Strategy, as appended to the staff report dated August 1, 2017, BE ENDORSED in principle; it being noted that this aspirational document was developed by Londoners who share City Council’s interest in a more diverse and inclusive London;   b)         the CDIS Steering Committee BE REQUESTED to report back to the Community and Protective Services Committee on a proposed structure to support implementation;   c)         the Civic Administration BE DIRECTED to report back to the Community and Protective Services Committee regarding strategies in the CDIS which refer to, or could affect, The Corporation of the City of London; and,   d)         a letter of thanks and acknowledgement BE PROVIDED from the Mayor, on behalf of City Council, to all Londoners who contributed to the CDIS process;   it being noted that the Community and Protective Services Committee received the attached presentation from R. Hussain and J. Antone, Community Diversity and Inclusion Strategy Steering Committee. (2017-S15)

4.   Establishment of

Opioid Crisis Working Group

That the following actions be taken with respect to addressing the opioid crisis in London:   a)         the Mayor BE DIRECTED to liaise with key community stakeholders in order to establish an Opioid Crisis Working Group, comprised of the Mayor and other interested key community stakeholders; and,   b)         the Opioid Crisis Working Group BE REQUESTED to report back to the Municipal Council with details of its relationship with other strategies and working groups, and proposed terms of reference for the Working Group that would provide for:   i)          consultation with the community; ii)         exploration of a response to the current situation, including the possibility of supervised injection sites; and, iii)         development of recommendations as to how to best address the opioid crisis in London;   it being understood that the Working Group will liaise with the Civic Administration in the development of the proposed terms of reference, including establishing a timeline for completion of the Working Group’s mandate;   it being noted that the Community and Protective Services Committee received the attached presentation from Dr. G. Hovhannisyan, London-Middlesex Health Unit, with respect to this matter. (2017-S12)

Moved by Councillor A. Hopkins

Seconded by Councillor J. Zaifman

Approve that the request of the Mayor with respect to the establishment of an Opioid Crisis Working Group, BE REFERRED to the Strategic Priorities and Policy Committee in order for additional information and detail with respect to the proposed Working Group to be clarified and confirmed, including information directly from the Medical Officer of Health with respect to this matter.

Motion Passed

Motion Passed

5.   Ontario Works Rates

That A. Oudshoorn BE GRANTED delegation status, for the purpose of making a presentation with respect to Ontario Works rates, at a future meeting of the Community and Protective Services Committee. (2017-S12)

6.   London Public

Library Art Collection

That the Civic Administration BE DIRECTED to report back at a future meeting of the Community and Protective Services Committee with respect to the potential transfer of the London Public Library’s collection of art from the Library to Museum London, in order to enable the continued storage and preservation of the collection, with such report to address any legal, financial or other considerations. (2017-R03)

7.   8th Report of the

Diversity, Inclusion and Anti-Oppression Advisory Committee

That the following actions be taken with respect to the 8th Report of the Diversity, Inclusion and Anti-Oppression Advisory Committee:   a)         the following actions be taken with respect to the minutes of the Education and Awareness Sub-Committee meeting held on May 24, 2017:   i)          a community awareness event based on the theme of Gender Identity, Gender Expression and the impact of Intersectionalities on Gender BE APPROVED, in principle; it being noted that the Education and Awareness Sub-Committee will report back at the next meeting of the Diversity, Inclusion and Anti-Oppression Advisory Committee (DIAAC) with the details regarding the proposed event, including budget; and, ii)         the minutes of the Education and Awareness Sub-Committee, from its meeting held on May 24, 2017, BE RECEIVED; and,   b)         clauses 1 to 4 and 6 to 13, BE RECEIVED.

Motion Passed

Motion Passed

9.   7th Report of the

Accessibility Advisory Committee

That it BE NOTED that the 7th Report of the Accessibility Advisory Committee, from its meeting held on July 27, 2017, was received.

10.   Properties located

at 150 Dundas Street and 153 Carling Street (Relates to Bill No. 361)

That, on the recommendation of the Managing Director, Planning and City Planner, the following actions be taken with respect to the application of Rygar Properties Limited, relating to the properties located at 150 Dundas Street and 153 Carling Street:   a)         the proposed by-law appended to the staff report dated July 31, 2017, as Appendix “A” BE INTRODUCED at the Municipal Council meeting to be held on August 22, 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-3DA1D350) Zone TO a Downtown Area Special Provision Bonus (DA1(_)D350B-__) Zone subject to the completion of a development agreement that substantively implements the site and building design appended to the staff report dated July 31, 2017 as Appendix “1”; it being noted that the Bonus Zone shall be implemented through one or more agreements to provide for a mixed-use apartment building of 85m (278 ft) with an increased density of up to 1,498 units per hectare in return for the provision of the following facilities, services, and matters:   i)          a high quality development which substantively implements the site plan and elevations appended to the staff report dated July 31, 2017 as Appendix “1”, with minor revisions at the discretion of the Managing Director, Planning and City Planner;   Base   A)        a modern interpretation of an art-deco architectural style podium design which is sensitive to, and responds to, the surrounding heritage features and implements the design criteria of the Downtown Heritage Conservation District including a 5m tower stepback for the majority of the podium; B)        a ground floor design that includes large proportions of clear glazing as well as stone veneer and granite materials with separate direct entrances to individual commercial units to Dundas Street and Carling Street with a generous ground floor to ceiling height to activate the street and create a vibrant pedestrian realm; C)        permanent architecturally integrated canopies above the ground floor entrances to differentiate the building base and provide overhead protection from natural elements; D)        the provision of an outdoor common amenity area for the residents located on the top of the third level of the building (fourth floor terrace); E)        a ramp from Carling Street to the lower level bicycle storage facilities for convenient bicycle access; and, F)         a decorative treatment of the loading door along Carling Street;   Middle   G)        a point-tower architectural style with tower floor-plate of less than 800m2 to minimize the overall mass, visual impact and sunlight disruption of the tower; H)        a tower that utilizes a high proportion of vision glass and spandrel glass (window-wall) as the primary form of cladding for the tower, to mitigate the overall visual building mass and provide a light and refined appearance in the city skyline;     Top   I)             the use of building step-backs and variation in massing to define the building cap and completely conceal the mechanical and elevator penthouse within the overall architectural design of the top of the building to contribute to a dynamic downtown skyline;   ii)             Dundas Place   the contribution to My Dundas Place for the provision of facilities, services, programming, public art or other matters that will provide for positive project enhancements including:   J)            the financial contribution of funding in the amount of 1% of the construction value up to $250,000, to be provided at the time of site plan approval, or K)           the provision of 465m² (5,000 sq ft) of storage space, in a form and configuration to the satisfaction of the City, for a long-term lease not less than 15 years, at a cost to the City of $1.00 per annum;   b)        the Site Plan Approval Authority BE REQUESTED to consider the implementation of the facilities, services, and matters described in the above clause a) i) in addition to the following wind mitigation through the site plan approval process for the fourth floor outdoor terrace:                         i)        the integration of vertical wind screen/barriers at least 1.6m above the walking surface, extending 2m outward located along the east 4.5m tower setback on the fourth floor terrace;                      ii)        the integration of vertical wind screens/barriers at least 2m above the walking surface, extending 3m outward located along the west 4.5m tower setback on the fourth floor terrace; and,                     iii)        the provision of 1.6m tall wind screens for the northeast and southeast corners of the roof to protect outdoor seating at these locations on the fourth floor terrace;   it being noted that the Planning and Environment Committee reviewed and received a communication dated July 27, 2017 from A. Oudshoorn, Assistant Professor, Arthur Labatt Family School of Nursing, 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 these matters;   it being further noted that the Municipal Council approves this application for the following reasons:   -                     the recommended amendment is consistent with the Provincial Policy Statement (PPS), 2014, which promotes intensification, redevelopment and a compact form in strategic locations to minimize land consumption and servicing costs and provide for a range of housing types and densities to meet projected requirements of current and future residents; -                    the recommended amendment is consistent with the policies of the Provincial Policy Statement, 2014 which requires planning authorities to facilitate pedestrian and non-motorized movement by promoting a land use pattern, density and a mix of uses that serve to minimize the length and number of vehicle trips and support the development of viable choices and plans for public transit and other alternative transportation modes; -                     the recommended amendment supports the objectives of the Downtown Area designation of the City of London Official Plan which encourages growth in the residential population of the downtown through high density residential development and design features which serve to enhance the pedestrian environment;  -                     the recommended amendment will allow for the proposed development including the required increase to density, through a bonus zone which requires that the ultimate form of development be consistent with the site plan and elevations appended to the amending by-law. Should the applicant not satisfy all of the provisions of the bonus zone, the increased density will not be permitted; -                     the recommended amendment will facilitate an enhanced form of development which includes an architecturally defined base, middle and top with the base serving to frame the pedestrian realm at a human-scale, the middle to provide for step-backs and variation in the massing of the proposed structure to reduce the visual impact of the tower and provide for effective integration with the surrounding built context of the downtown, and a visually attractive cap on the tower which screens all mechanical elements and enhances the City skyline;  -                     the recommended bonus zone provides for a density of 1,498 units per hectare in return for a series of design related matters and contributions in accordance with Section 19.4.4 of the Official Plan; and, -                     the recommended amendment maintains the spirit and intent of the Downtown Heritage Conservation District and other relevant Council approved Guideline Documents which provide direction for development in the Downtown.  (2017-D09)

11.   Group Home Type 1

Uses with Regards to Distance Separation Regulations of the Zoning By-law (Z-8779) (Relates to Bill No. 362)

That, on the recommendation of the Manager, Development Planning, the following actions be taken with respect to the Zoning By-law for Group Home Type 1 uses and the use of separation distance regulations within the by-law to regulate the location of Group Home Type 1 uses:   a)            the proposed by-law appended to the staff report dated July 31, 2017 as APPENDIX “A” BE INTRODUCED at Municipal Council meeting to be held on August 22, 2017 to amend the Zoning By-law No Z-1, (in conformity with the Official Plan), TO amend Section 4.8 Group Homes, General Provisions of Zoning By-law No. Z-1 by removing regulations related to a 250 metre (820 feet) separation distance for Group Home Type 1 uses; and,   b)         the Civic Administration BE DIRECTED to initiate a review of Group Home Policies and Regulations and seek further public input in refining regulations and definitions for Group Homes and Supervised Care Facilities in the City, as well as any other necessary definition and policy changes; it being noted that these changes would implement action and requests from community agencies supporting peoples with developmental disabilities as well as implement direction in the Council adopted London Plan;   it being noted that the Planning and Environment Committee reviewed and received the following communications with respect to this matter:   -                     a communication from C. Butler, 863 Waterloo Street; and, -                     a communication dated July 25, 2017 from A. Watt, Community Living London;   it being pointed out that at the public participation meeting associated with this matter, the individuals indicated on the attached public participation meeting record made oral submissions regarding these matters;   it being further noted that the Municipal Council approves this application for the following reasons:   -                    Group Home Type 1 uses provide accommodation, primarily to persons with developmental disabilities so that they can live inclusive and viable lives within all of London’s neighbourhoods.  Existing regulations that place separation distance requirements for Group Home Type 1 uses have created adverse effects to the establishment and operation of these uses; -                    in considering the recent experiences and actions of several Ontario Municipalities in relation to group home uses and zoning regulations imposing separation distance for these uses, Council should consider amendments to the City’s approach for regulating these uses. There is no standard or land use planning evidence that supports a need for a 250 metre (820 feet) separation distance between Group Home Type 1 uses. Removing separation distance requirements for group home type 1 uses should not create any negative impacts or nuisances. Group homes are required to be located in a dwelling unit that is no different than any other house in a neighbourhood. Most residents of a Group Home Type 1 use do not drive so parking and traffic should not be an issue. Form and density are also not likely to generate any impacts as occupancy is still controlled and must occur within a single detached, semi, duplex or triplex dwelling; -                    the recommended amendment and direction for further review and amendments are consistent with, and will serve to implement, the policies of the Provincial Policy Statement, 2014 (2014 PPS), which emphasizes the need to plan communities in a manner that supports persons with disabilities (PPS1.1.1(f)), 1.4.3); -                    the recommended amendment and direction for further review and amendments are consistent with the policies of the Official Plan by encouraging the inclusion of group homes in all residential designations. Recognizing the distinction between the two types of Group Homes permitted in the Zoning By-law, the intent of the Official Plan is maintained by retaining regulations that prevent the concentration of Group Home Type 2 uses. Amendments relating to separation distance provisions within the Official Plan will be considered as part of the ongoing review of Group Homes and Supervised Residences policies and regulations in the City of London; -                    the recommended amendment and direction for further review and amendments are consistent with, and will serve to implement, the policies of the London Plan; -                    the recommended amendment and direction for further review and amendments will protect the City of London from potential challenges brought forward through The Ontario Human Rights Code, which provides for rights and opportunities for all people without discrimination on a number of grounds, including disability; -                    the recommended amendment and direction for further review and amendments will protect the City of London from potential challenges brought forward through Section 15 of the Canadian Charter of Rights and Freedoms, which guarantees equal treatment before and under the law and equal benefit of the law without discrimination based on various grounds, including mental and physical disabilities. All laws must be consistent with the Charter to be held in force and effect; and, -                    the recommended amendments and direction for further review and amendments are consistent with the general intent of Zoning By-law No. Z-1, which provides regulations for all forms of Group Homes, Supervised Residences and land uses. Zoning By-law regulations and Official Plan policies relating to separation distances shall be maintained for Group Home Type 2 uses, pending any future review by Civic Administration.    (2017-D09)

12.   Bill C-45 Potential

Local Impacts

That the Civic Administration BE REQUESTED to undertake the following actions with respect to Bill C-45 (the Cannabis Act):   a)         review international best practices in relation to municipal zoning for cannabis sellers/dispensaries as well as local regulatory policies;   b)         consult with provincial officials about the Province of Ontario’s approach to regulation of cannabis, and with the Middlesex-London Health Unit and the London Police Service about their respective approaches to regulation of cannabis once it is legalized; and,   c)         report back to the Municipal Council in early 2018 with options to be put in place once legalization is approved by the federal government.

13.   PEC Deferred List

That the Civic Administration BE DIRECTED to update the Deferred Matters List to remove any items that have been addressed by the Civic Administration.

14.   Pedestrian Safety

That it BE NOTED that Councillor V. Ridley enquired about the potential for utilizing pedestrian friendly options, such as pedestrian only crossing at intersections; it being noted that the Civic Administration advised that pedestrian –friendly options are considered when traffic intersections are reviewed.

8.   Deferred Matters

List

That the August 2017 Deferred Matters List for the Community and Protective Services Committee BE RECEIVED.

IX.   ADDED

REPORTS

Moved by Councillor J. Helmer

Approve clauses 1, 2 and 4.

Motion Passed

Motion Passed

Motion Passed

Motion Passed

Motion Passed

Motion Passed

1.         That the Council in Closed Session met, in camera, for the purpose of considering the following:   a)         A matter pertaining to personal matters about an identifiable individual, including communications necessary for that purpose, as it relates to interviews for nomination to the London Hydro Inc. Board of Directors. (C1/23/CSC)   b)         A matter pertaining to instructions and directions to officers and employees of the Corporation pertaining to a lease of office space; advice that is subject to solicitor-client privilege, including communications necessary for that purpose; reports or advice or recommendations of officers and employees of the Corporation pertaining to a proposed acquisition of land; commercial and financial information supplied in confidence pertaining to the proposed acquisition the disclosure of which could reasonably be expected to prejudice significantly the competitive position or interfere significantly with the contractual or other negotiations of the Corporation, result in similar information no longer being supplied to the Corporation where it is in the public interest that similar information continue to be so supplied, and result in undue loss or gain to any person, group, committee or financial institution or agency; commercial, information relating to the proposed lease that belongs to the Corporation that has monetary value or potential monetary value;  information concerning the proposed acquisition whose disclosure could reasonably be expected to prejudice the economic interests of the Corporation or its competitive position; information concerning the proposed acquisition whose disclosure could reasonably be expected to be injurious to the financial interests of the Corporation; and instructions to be applied to any negotiations carried on or to be carried on by or on behalf of the Corporation concerning the proposed lease of office space. (C2/23/CSC)   c)         A matter pertaining to an identifiable individual, including advice subject to solicitor-client privilege, including communications necessary for that purpose. (C3/23/CSC)   d)         A matter pertaining to advice that is subject to solicitor-client privilege, including communications necessary for that purpose, as it relates to an application by Rygar Corporation Inc., for the properties located at 150 Dundas Street and 153 Carling Street. (C1/15/PEC)

Motion Passed

Motion Passed

X.   DEFERRED

MATTERS

XI.   ENQUIRIES

XIII.   BY-LAWS

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

Moved by Councillor S. Turner

Seconded by Councillor J. Morgan

Approve Introduction and First Reading of Bill No.’s 351 to 362 and the Added Bill No.’s 363 to 390.

Motion Passed

Motion Passed

Moved by Councillor M. van Holst

Seconded by Councillor A. Hopkins

Approve Second Reading of Bill No.’s 351 to 362 and the Added Bill No.’s 363 to 390.

Motion Passed

Motion Passed

Moved by Councillor S. Turner

Seconded by Councillor J. Helmer

Approve Third Reading and Enactment of Bill No.’s 351 to 362 and the Added Bill No.’s 363 to 390.

Motion Passed

Motion Passed

XIV.   ADJOURNMENT