COUNCIL PROCEEDINGS

TWELFTH MEETING London May 14,2007

The Council meets in Regular Session in the Municipal Offices this day at 500 p.m.

PRESENT: Mayor A. M. DeCicco-Best, Deputy Mayor T. C. Gosnell, Controllers G. Barber, W. J. Polhill and G. Hume and Councillors R. Caranci, W. J. Armstrong, B. R. MacDonald, S. Orser, J. L. Baechler, N. Branscombe, W. Lonc, P. Hubert, S. E. Eagle, P. M. Van Meerbergen, D. Winninger, H. L. Usher, J. P. Bryant and C. Miller, and K. Bain (City Clerk).

At the beginning of the Meeting all Members are present except Councillor Van Meerbergen.

Her Worship the Mayor presents a plaque for “London’s Featured Company” to David Taylor, President and CEO representing Pacific and Western Bank of Canada.

Councillor Van Meerbergen enters the meeting at 504 p.m.

Her Worship the Mayor presents a certificate for “London’s Featured Community Organization“ to Jeff Lang, President, Boys’ and Girls’ Club Board, David Kiwin, President of the Foundation Board, Craig Richardson, Chair of the Aquaplex Capital Campaign and Don Donner, Executive Director of the Boys’ and Girls’ Club of London.

Wes Kinghorn, Chair and Joey McDowell, Social Chair of the Woodfield Community Association (WCA) presents a plaque to the Mayor, to recognize the City of London as the recipient of the WCA 2006 Streetscape Improvement Award for renovations to Victoria Park.

DISCLOSURES OF PECUNIARY INTEREST

149. Controller Polhill discloses a pecuniary interest in clause 37(e) of the 16th Report of the Board of Control having to do with a matter pertaining to personal matters regarding an identifiable individual who is a municipal employee, advice that is subject to solicitor- client privilege, including communications necessary for that purpose and labour relations and employee negotiations involving CUPE Local 101 by indicating that he has a daughter who is a City employee.

150. Councillor Hubert discloses a pecuniary interest in clause 26 of the 13th Report of the Planning Committee having to do with properties located at 552 and 556 Wonderland Road North by indicating that the Church that his family attends is located on the subject property.

151. Councillor Branscombe discloses a pecuniary interest in clause 22 of the 16th Report of the Board of Control having to do with appointments to the Greater London International Airport Authority by indicating that her spouse is one of the applicants.

152. Councillor Eagle discloses a pecuniary interest in clause 10 of the 16th Report of the Board of Control having to do with the production and distribution of the “Spectrum” publication by indicating that her spouse is employed by Sun Media.

MINUTES

153, Councillor Bryant moves, seconded by Councillor Baechler, that the Minutes of the Eleventh Meeting held on April 30, 2007 be amended on page 22, line 3 of part (c) of the new clause 26A by adding thereto after the words “a 240 the word “square”. CARRIED

Councillor MacDonald moves, seconded by Councillor Baechler, that the Minutes of the Eleventh Meeting held on April 30, 2007, as amended, be adopted. CARRIED -2-

CONFIDENTIAL MATTERS TO BE CONSIDERED IN PUBLIC

154. The Council reviews the confidential matters listed for consideration at this meeting and determines that none should be considered in public.

155. The Chair directs that the actions suggested by the City Clerk with respect to Communication No.’s 1 and 2 as identified on the Orders of the Day and on the Added Communications be taken.

MOTIONS OF WHICH NOTICE IS GIVEN

156. Deputy Mayor Gosnell moves, seconded by Controller Polhill, that pursuant to section 11.3 of the Council Procedure By-law, leave be given for the introduction of a motion for which notice was given pertaining to the strategic diversity initiative. CARRIED

Councillor Usher moves, seconded by Councillor Baechler, that the Chief Administrative Officer be requested to provide a report that identifies and illustrates strategies that we will use to transform the City of London into a welcoming and inclusive city, which embraces diversity within its workplace and workforce and encourages the same in its departments, boards, commissions and affiliated community partners, leading to a just and integrated society where diversity is valued and dignity and integrity are sustained for all.

Controller Hume moves, seconded by Controller Polhill, that the proposed motion be amended by adding thereto at the end the words “; such report to also include what practices and policies the City of London and its Boards and Commissions already have in place in support of the aforementioned objectives”. CARRIED

The motion moved by Councillor Usher and seconded by Councillor Baechler, as amended, is put and CARRIED on a recorded vote, the Members voting as follows:

YEAS: Mayor DeCicco-Best, Deputy Mayor Gosnell, Controllers Barber, Polhill and Hume and Councillors MacDonald, Armstrong, Eagle, Winninger, Caranci, Branscombe, Bryant, Baechler, Orser, Lonc, Hubert, Miller and Usher. (18)

NAYS: Councillor Van Meerbergen. (1)

The motion, as amended, reads as follows:

That the Chief Administrative Officer BE REQUESTED to provide a report that identifies and illustrates strategies we will use to transform the City of London into a welcoming and inclusive city, which embraces diversity within its workplace and workforce and encourages the same in its departments, boards, commissions and affiliated community partners, leading to a just a,nd integrated society where diversity is valued and dignity and integrity are sustained for all; such report to also include what practices and policies the City of London and its Boards and Commissions already have in place in support of the aforementioned objectives.

ADDED REPORTS

157 The City Clerk submits the 14th Report of the Planning Committee. (See Report attached.)

Councillor Miller moves, seconded by Controller Hume, that pursuant to section 7.3 of the Council Procedure By-law, the order of business be changed to permit consideration of clause 26 of the 13th Report of the Planning Committee at this time. CARRIED

REPORTS

13TH REPORT OF THE PLANNING COMMITTEE

158. Councillor Baechler presents the 13th Report of the Planning Committee. -3-

Pursuant to Section 17.6 of the Council Procedure By-law, Councillor Baechler moves, seconded by Councillor Caranci, that a new clause 21A be adopted, arising from clause 26 of the 13th Report of the Planning Committee, as follows:

“That the application submitted by 1610234 Ltd. (A. Soufan) relating to the properties located at 552 and 556 Wonderland Road North BE REFERRED to staff for the necessary repoqs) and by-law(s) to be submitted to the Planning Committee in support of the application; and, further, that a public site plan meeting BE HELD in connection therewith.” CARRIED

16TH REPORT OF THE BOARD OF CONTROL

1. That, on the recommendation of the Director - Water, Environment & Customer Relations, the following actions be taken with respect to the 2007 Watermain Structural Lining Project (Project No. EW3560), namely:

(a) the price submitted by Fer-Pal Construction Ltd., 169 Fenmar Drive, North York, at its price of $130,680, excluding GST and including 10% contingency, in accordance with section 3.4 of the Purchasing By-law, BE ACCEPTED;

(b) the financing for this project BE APPROVED as set out in the Sources of Financing Report +-a hed hereto as Appendix “A (c) the Civic Administration BE AUTHORIZED to undertake all the administrative acts that are necessary in connection with this project, and

(d) the approval given herein BE CONDITIONAL upon the Corporation entering into a formal contract or issuing a purchase order for the work to be done and the materials to be supplied on this project. (W13-00)

2. That, on the recommendation of the Director - Water, Environment & Customer Relations, the following actions be taken with respect to the 2007 Watermain Cleaning and Cement Mortar Lining Program (Project Nos. EW3643 & EW3560), namely:

(a) the bid submitted by Fer-Pal Construction Ltd., 169 Fenmar Drive, North York, a its tendered price of $1,602,645 (excluding GST), BE ACCEPTED; it being pointed out that the bid submitted by Fer-Pal Construction Ltd. was the lowest of four (4) bids received and meets the City‘s specifications and requirements in all areas;

’b) the financino for this oroiect BE APPROVED as set out in the Sources of 1-‘ Financing ..c) the Civic all the administrative acts that are necessary in connection with this project; and

(d) the approval given herein BE CONDITIONAL upon the Corporation entering into a formal contract or issuing a purchase order for the work to be done and the materials to be supplied on this project (Tender 07-04). (W13-00) -4-

stomer Relations, the following actions be taken with respect to the 2007 Sewer termain Replacement Program, Contract #6 - Ridout Street South, Phase I (Proje s. EW3784lES241 I), namely:

) the bid submitted by L-82 Construction Limited, 15 Hamley Road, London, at tendered price of $2,497,284.16 (excluding GST), BE ACCEPTED; it bei pointed out that the bid submitted by L-82 Construction Limited was the lowest six (6) bids received and meets the City's specifications and requirements in a

) the financing for this project BE APPROVED as set out in the Sources Financing Report atta$ed hereto as Appendix "A"; c) Archibald, Gray & McKay Engineering Limited (AGM) BE AUTHORIZED to ca out the resident inspection and contract administration for the said project accordance with the final estimate, on file, at an upset amount of $450,7 (excluding GST) based upon the Suggested Schedule of Fees for Engineeri Projects, recommended by Professional Engineers Ontario, and in accorda with Council Policy 7(9A), Clause (e); it being noted that this firm completed engineering design; d) the Civic Administration BE AUTHORIZED to undertake all the administrativ acts that are necessary in connection with this project, and e) the approval given herein BE CONDITIONAL upon the Corporation entering int a formal contract or issuing a purchase order for the work to be done and th materials to be supplied on this project (Tender 07-25). (WIO-01) That, on the recommendation of the Director - Water, Environm ustomer Relations, the following actions be taken with respect to the Hamilton ewerwatermain Replacement with Major Roads project (Project EW3784iTS1442iTS1162 & ES241 I), namely; a) the bid submitted by Omega Contractors Inc., 4104 Breck Avenue, London, at tendered price of $2,453,243.60 (excluding GST), BE ACCEPTED; it bei pointed out that the bid submitted by Omega Contractors Inc. was the lowest four (4) bids received and meets the City's specifications and requirements in a b) the financing for this project BE APPROVED as set out in the Sources Financing Report att,$hed hereto as Appendix "A;

(c) CCUlBl Group BE AUTHORIZED to carry out the resident inspection an contract administration for the said project in accordance with the final estim on file, at an upset amount of $275,759 (excluding GST), based upon Suggested Schedule of Fees for Engineering Projects recommended Professional Engineers Ontario, and in accordance with Council Policy 7(9A Clause (e); it being noted that this firm completed the engineering design;

) the Civic Administration BE AUTHORIZED to undertake all the administrati acts that are necessary in connection with this project; and

) the approval given herein BE CONDITIONAL upon the Corporation entering in a formal contract or issuing a purchase order for the work to be done and th materials to be supplied on this project (Tender 07-31). (WlO-00)

That, on the recommendation of the Director, Wastew e following actions be taken with respect to the construction of the rm Sewer Project, Contract #5, Cathcart Street (Project Nos.

) the bid submitted by United Contracting, 2940 Dingman Drive, London. at i tendered price of $2,006,727.15 (excluding GST), BE ACCEPTED; it bei pointed out that the bid submitted by United Contracting was the lowest of fi (5) bids received and meets the City's specifications and requirements in -5-

b) the financing for this project BE APPROVED as set out in the Sources o Financing Report seed hereto as Appendix “A;

(c) Dillon Consulting Limited BE AUTHORIZED to carry out the resident inspection and contract administration for the said project in accordance with the estimate, on file, at an amount of $185,047 (excluding GST) based upon the Suggested Schedule of Fees for Engineering Projects recommended by Professional Engineers Ontario; and in accordance with Council Policy 7(9A), Clause (e);

(d) the Civic Administration BE AUTHORIZED to undertake all the administrativ acts that are necessary in connection with this project; and

(e) the approval given herein BE CONDITIONAL upon the Corporation entering int a formal contract or issuing a purchase order for the material to be supplied an the work to be done relating to this project (Tender 07-38). (W10-02) 6. That, on the recommendation of the Director, Roads and Transportati :he following actions be taken with respect to the 2007 Arterial Road Rehabilitati Program (Project No. TS1443), namely:

(a) the bid submitted by Lafarge Paving & Construction Limited, at its tendered pric of $4,715,857.11 (exclusive of GST), BE ACCEPTED; it being pointed out the bid submitted by Lafarge Paving & Construction Limited was the lower of (2) bids received and meets the City’s specifications and requirements in areas;

(b) the financing for this project BE APPROVED as set out in the Sources Financing Report aybhed hereto as Appendix ‘A;

(c) the Civic Administration BE AUTHORIZED to undertake all the administrativ acts that are necessary in connection with this project; and

(d) the approval given herein BE CONDITIONAL upon the Corporation entering in a formal contract or issuing a purchase order relating to this matter (Tender N 07-26). (SO8-00)

7. That, on the recommendation of the Director, Roads and Transporta the following actions be taken with respect to the Adelaide Street over CN Rail Br Rehabilitation (Project No. TS1542), namely:

(a) the bid submitted by Jarlian Construction Inc., at its tendered price of $2,341, (excluding GST), BE ACCEPTED it being pointed out that the bid submitted Jarlian Construction Inc. was the lower of two (2) bids received and meets City’s specifications and requirements in all areas;

(b) the financing for this project BE APPROVED as set out in the Sources Financing Report att$hed hereto as Appendix ‘A;

(c) EarthTech Ltd. BE AUTHORIZED to carry out the resident supervision a general administration of this project in accordance with its Proposal to Provi Contract Administration Services to the City at an upset limit of $146,129. (excluding GST);

(d) the Civic Administration BE AUTHORIZED to undertake all the administrati acts that are necessary in connection with this project; and

(e) the approval given herein BE CONDITIONAL upon the Corporation entering int a formal contract or issuing a purchase order relating to this matter (Tender N 07-1 5). (SO7-00)

8. That, on the recommendation of the Director, Roads and Transportation, the following actions be taken with respect to the Highbury Avenue over CPR Overhead Bridge Rehabilitation (Project No. TS1760), namely:

(a) the bid submitted by Underground Services (1983) Limited, at its tendered pric of $936,292.50 (excluding GST), BE ACCEPTED; it being pointed out that th bid submitted by Underground Services (1983) Limited was the lowest of thre (3) bids received and meets the City’s specifications and requirements in areas;

(b) the financing for this project BE APPROVED as set out in the Sources of Financing Report aFhed hereto as Appendix 'A;

(c) Dillon Consulting Limited BE AUTHORIZED to carry out the resident supervision and general administration of this project in accordance with its Proposal to Provide Contract Administration Services to the City at an upset limit of $101,20C (excluding GST);

(d) the Civic Administration BE AUTHORIZED to undertake all the administrative acts that are necessary in connection with this project; and

'e)., the aDDroval Oiven herein BE CONDITIONAL uDon the CorDoration enterina into a foinal cont;act or issuing a purchase order relating to this matter (Tend& No. 07-39). (SO7-00) That, on the recommendation of the General Manager of Planning and

s be taken with respect to the Springbank Gardens Redevelopment and ruction (former Wonderland Gardens site) (Project No. PDI 122), namely:

which are necessary in connection with this project; and

That, on the recommendation of the General Manager of Finance and orate Services, the request from the Optimist Club of Oakridge Acres to rename the idge Acres Park to the Oakridge Optimist Community Park BE APPROVED. (E06-

That, on the recommendation of the London Police Services Board, th

ueen in Right of Ontario as represented by the Minister of Community Safety an rrectional Services, The Corporation of the City of London and the London Polic rvices Board, as it relates to the provision of funding under the Community Policin rtnership (CPP) Program for the funding of front-line police officers:

a) the attehed by-law BE INTRODUCED at the Municipal Council meeting 14, 2007 to approve the agreement noted above between Her Majes Queen in Right of Ontario as represented by the Minister of Community and Correctional Services, The Corporation of the City of London a London Police Services Board; and

b) the Mayor and the City Clerk BE AUTHORIZED to execute the said agreeme on behalf of The Corporation of the City of London. (Pll-00)

as Appendix A BE INTRODUCED at the Municipal Council meeting on May

) to approve a licensing agreement with MainStreet London for the provision -7-

thirty (30) Carolinian Forest Art Trees on City of London property; and

(b) to authorize the Mayor and the City Clerk to sign the licensing agreement. 15. That the following actions be taken with respect to the provision of defibrillators:

{a) on the recommendation of the Fire Chief, the by-law att,*ed hereto as Appendix A BE INTRODUCED at the Municipal Council meeting on May 14, 2007:

(i) to approve an agreement with 2011 Medical Corporation for the provision of defibrillators for the support of the Resuscitation Outcomes Consortium (ROC); and

(ii) to authorize the Mayor and the City Clerk to execute the agreement; and

(b) the Civic Administration BE REQUESTED to explore the potential for placing "simple-to-operate" defibrillators in public facilities. (COS-00)

16. That, on the recommendation of the Chief Administrative Officer, the transfer of funds to the incorporated Southwest Economic Assembly (SWEA) organization in the amount of $83,490.40, and the disbursement of $16,319.59 to date for SWEA purposes, BE APPROVED; it being noted that these funds are being held in an account on behalf of SWEA and that there is no impact on the City's current budget. (M16-00)

The motion to adopt parts (a) and (c) of clause 17 is put and CARRIED.

The motion to adopt the balance of clause 17 is put and CARRIED. Clause 17 reads as follows:

17. That the following actions be taken with respect to the 2008 Budge' argets and timetable:

(a) the 2008 budget targets as presented in Table 1 attfhed hereto BE APPROVED; it being noted that this will result in a tax levy increase of 4.5% (before assessment growth estimated at 1.5%) and that a potential increase from tax rates could be reduced to 3.0% (depending on how assessment growth is used);

(b) the targets in excess of 3% over 2007 BE REVIEWED, with an expectation tc lowering targets wherever possible; it being noted that the City Clerk wa6 requested to arrange for the organizations whose targets exceed 3% to appeal before the Board of Control to discuss opportunities for reduction of their targets prior to the summer months;

(c) the 2009 and 2010 projectionharget BE APPROVED in principle;

(d) the budget timetable at@hed as Appendix A BE APPROVED in principle; and

(e) the Civic Administration BE REQUESTED to report back on an extension to tht debt cap over the next several years, within the framework of the Chie Administrative Officer's report dated May 9, 2007. (FO5-00)

Controller Barber moves that clause 18 be adopted as follows:

18. That the Board of Control considered all of the submissions and evidence from Alan Patton and Steve Ross on behalf of Somerset (ca) Inc. in Trust and Paton Bros. Ltd., R. Cerminara, Director of Building Controls, P. Kokkoros, Manager 111, Plans Examination, and J. Page, Solicitor II for the City of London, including the a??kfied report from the Director of Building Controls, in connection with the request for a development charge exemption for a proposed building to be constructed on land located at 697 Sovereign Road;

AND that the Board of Control finds that the determination of development charges should be rectified and an exception BE GRANTED under the industrial -8-

18. That the complaint by Somerset (ca) Inc. in Trust and Paton Bros. Ltd. with respect to a request for a development charge exemption for a proposed building to be constructed on land at 697 Sovereign Road BE DISMISSED. CARRIED

19. That the Civic Administration BE REQUESTED to report back to thc Board of Control with respect to issues around industrial and commercial developmen charges, together with recommendations to improve and bring further clarity to those issues.

20. That the matter of proposed changes to Council Policy 28(2) pertaining tc the Council Members’ Expense Account BE REFERRED back to the Civic Administration for the purpose of identifying ways of expanding opportunities for thc Members of Council and the Civic Administration, taking into consideration the Policier and practices of other municipalities. (FO7-00)

21. That the City Clerk BE REQUESTED to canvass the Members of Counc to determine who would be interested in serving on the London Study Area 1, Londoi Study Area 2 and London Study Area 3 Accommodation Review Committees as noted ii an invitation from the Thames Valley District School Board to appoint representatives c the City of London thereto. (G03-00)

22. That the City Clerk BE REQUESTED to arrange for interviews of thc following applicants for appointment to the Greater London International Airport Authorit Board of Directors for the term August 1,2007 to July 31, 2010: responsible manner; it being noted that the Board of Control (BC) heard a presentation from T. Carrie, President, CAW Local 27 and D. McGee, President, CAW Local 1520, with respect to this matter; it being further noted that the City Clerk was requested to advise Messrs. Carrie and McGee when the above-noted report is coming back to the BC for its consideration.

24. That the Big City Mayors’ Caucus proposal to the Government of Canada to share the equivalent of one cent of the GST with cities so they can invest in the future prosperity of their communities BE ENDORSED.

25. That the matter of the Municipal Property Assessment Corporation’s reassessment of the Stiller Centre BE REFERRED to the Chief Administrative Officer to seek legal advice, in liaison with the University of Western Ontario, to assist the City Treasurer in determining what avenues, if any, are available for tax relief for the Stiller Centre; it being noted that the Board of Control heard a presentation from G. Smeltzer and R. Monteith, representing the Stiller Centre.

Councillor Bryant enters the meeting at 7:30 p.m.

Councillor Usher moves, seconded by Councillor Miller, that pursuant to section 17.4 of the Council Procedure By-law leave be given for discussion and debate and the making of a substantive motion with respect to clause 30. CARRIED

Councillor Usher moves, seconded by Councillor MacDonald, that clause 30 be amended in line 4 by deleting therefrom all words after the words “canvass the“ and by substituting therefor the words “three Members of Council presently appointed to the Association Board of Directors to determine who is interested in sitting on the newly-created Board of Governors and Western Fair Board of Directors.” CARRIED

The motion to adopt clause 30, as amended, is put and CARRIED.

The Chair directs that clauses 26 to 29, clause 30, as amended, and clauses 31 to 37, all inclusive, of Section II be noted. Clauses 26 to 37 read as follows:

That the Board of Control received and noted an information report fro City Treasurer with respect to the Adopt-a-Doc grant agreement between the City don and Dr. Omer Chaudhary. (COS-00) That the Board of Control (BC) received a communication dated April 2

That the Board of Control received and noted a communication d 26, 2007 from the Children’s Aid Society of London and Middlesex advising o a governance review, they will not be seeking appointment of a City Cou sentative to its Board of Directors at this time. (G03-00)

vernors and Western Fair Board of Directors. (G03-00) -10-

tive Officer, Miss Canada Globe Pro requesting sponsorship suppo Miss Teen London 2007 in attending Miss Teen Canada Globe Natio

ada Globe Productions, that the City of London is not able to provide a don

That the Board of Control received and noted a communication date

rovincial Budget tabled on March 22, 2007. (G10-00)

That the Board of Control heard the att@hed presentation from Joh oran, Fire Protection Specialist, Ontario Fire Marshal’s Office, with respect to th ing of a Municipal Fire Protection Information Survey Certificate of Compliance t on Fire Services.

That the Chief Administrative Officer (CAO) advised the Board of Cont the Editorial Board for expressed an interest in meeting w representatives with respect to growth in the City of London.

That Controller W. J. Polhill disclosed a pecuniary interest in clause 37

That the Board of Control met in camera from 11:16 a.m. to 11:45 a. :41 p.m. to 1:Ol p.m. and 1:29 p.m. to 2:25 p.m. for the purpose of considering

) a matter pertaining to litigation or potential litigation affecting the municipali regarding an insurance claim;

b) a matter pertaining to labour relations involving the London Professional Fi Fighters Association;

) a matter pertaining to labour relations with respect to the London Profession Firefighters Association;

) a matter pertaining to personal matters regarding an identifiable individual a municipal employee, advice that is subject to solicitor-client privilege in

negotiations involving CUPE Local 101;

that the BC is submitting a confidential report to the Municipal Council regardi e matters. (See Confidential Appendix to the 16th Report of the Board of Cont

Councillor Caranci enters the meeting at 7:35 p.m.

1OTH REPORT OF THE ENVIRONMENT AND TRANSPORTATION COMMITTEE

160. Councillor Usher presents the 10th Report of the Environment and Transportation Committee. - 11 -

Councillor Usher moves that clause 1 be adopted. CARRIED Clause 1 reads as follows:

1. That, on the recommendation of the Trees and Forests Advisory Committee (TFAC), the Civic Administration BE ASKED to report back to the TFAC on a basic framework and supporting documentation with respect to the establishment of an Urban Forest Strategy.

2. That clause 2 of the 2nd Report of the Trees and Forests Advisory Committee (TFAC) BE DELETED and BE REPLACED with the following new clause 2:

"The Civic Administration BE ASKED to report back to the Environment and Transportation Committee with respect to the following as it relates to the Boulevard Tree Planting Waiting List:

(a) a plan outlining how the Boulevard Tree Planning Waiting List can be reduced to an approximately 6 to 8 month waiting period;

(b) the implications to the budget if the plan, noted in (a) above, is implemented;

(c) the additional level of staffing that would be required to implement the plan;

(d) the actions that other municipalities are undertaking with respect to this matter; and,

(e) steps that might be taken to improve the survival rate of trees planted in the Downtown core; it being noted that the Environment and Transportation Committee heard verbal sentations from B. Gilmore, Chair, TFAC, P. W. Steblin, General Manager of nvironmental and Engineering Services & City Engineer and A. Macpherson, Manager Parks Planning & Design, with respect to this matter.

That the following matters be NOTED AND FILED

a written communication dated April 23, 2007 from The Honourable Minister of Transport, Infrastructure and Communities with respect to the HEL Project; and (2007-W13-000)

clauses 3 to 8, inclusive, of the 2nd Report of the Trees and dvisory Committee from its meeting held on April 26, 2007. (See Report attahed).

The Chair directs that clauses 4 to 11, inclusive, of Section II be noted. Clauses 4 to 11 read as follows: k. That the Environment and Transportation Committee (ETC) reviewed and -12-

t the sidewalk on the west side of Beaverbrook Avenue, verside Drive, may be constructed sooner than the list suggests through co-ordin th development-related work. The ETC asked the Director of Roads ansportation to remove Western Road from Richmond Street to Windermere the warranted sidewalk list. (See atwhed Rating Summary Record for anted Sidewalk Program from the Director of Roads and Transportation). (20

That the Environment and Transportation Committee (ETC) reviewed

d Transportation Committee.

That the Environment and Transportation Committee (ETC) reviewed ceived a communication dated April 23, 2007 from The Honourable L. Can

I Manager, K. Paleczny, Director of Finance and Administration and R. Monteith,

unication). (2007-S10-00)

That the Environment and Transportation Committee (ETC) recessed a

le a Dog issued to N. Warden, 82 Albion Street. Pursuant to City of London By- a decision was made to uphold the muzzle order, except when the dog is in

That the Environment and Transportation Committee (ETC) recessed a

zle a Dog issued to S. Rogers, 14 The Ridgeway. Pursuant to City of London B law PH-4, a decision was made to issue a Notice of Caution to S. Rogers. (2007-PO

That the Environment and Transportation Committee (ETC) heard a presentation and reviewed and received a written communication dated October from Mr. and Mrs. C. Dol, 220 Goddard Boulevard with respect to their sewer (2006-W10-01)

That the Environment and Transportation Committee (ETC) asked the eneral Manager of Environmental and Engineering Services & City Engineer to undertake a review of the City’s policies on unassumed lanes and report back at a future meeting of the ETC.

10TH REPORT OF THE COMMUNITY AND PROTECTIVE SERVICES COMMllTEE

161. Councillor Eagle presents the 10th Report of the Community and Protective Services Committee.

Councillor Winninger moves that clauses 1 to 4, inclusive, be adopted. CARRIED Clauses 1 to 4 read as follows: -13-

r-round, not-for-profit minor sports organizations BE INTRODUCED at the Munici ouncil meeting on May 14,2007. (2007-A09-01)

That, on the recommendation of the General Manager of Communi

That clause 1 of the 4th Report of the Accessibility Advisory Committ E DELETED AND BE REPLACED with the following new clause 1:

ith the supporting statistical information; it being further noted that the Comm

ith respect to policing matters.

Councillor Winninger moves that clause 5 be adopted.

Deputy Mayor Gosnell moves, seconded by Controller Hume, that clause 5 be amended by adding thereto at the end the words ”; it being further noted that the General Manager of Community Services was requested to give consideration to engaging private and other resources to provide mentoring opportunities for the area youth”. CARRIED

The motion to adopt clause 5, as amended, is put and CARRIED. Clause 5, as amended, reads as follows:

That, on the recommendation of the General the Neighbourhood and Children’s Services Initiative: Kipps Lane Strategy BE APPROVED for the Community and Protective Services Committee L. Livingstone, Director of Neighbourhood and ith respect to this matter; it being further noted that the General Manager o was requested to give consideration to engaging private and othe mentoring opportunities for the area youth. (2007-COI-00)

Councillor Eagle moves that clauses 6 to 8, inclusive, be adopted. CARRIED Clauses 6 to 8 read as follows:

That, on the recommendation of the Fire Chief, the attved draft by-la INTRODUCED at the Municipal Council meeting to be held on May 14, 2007; i noted that the Fire Chief was requested to report back to the Community an Services Committee one year from the date that the aforementioned by-la force and effect with respect to the effectiveness of the by-law; it being noted heard a verbal presentation from J. Kobarda, Fire Chief and received ritten communications from the following individuals with respect to this matter: i -14-

P. Stoksik, 416 McKenzie Avenue; M. Temme, 66 Palmer Street;

Ieing pointed out that at the public participation meeting associated with this matte ? following individuals made an oral submission in connection therewith:

Bruce Dunn, 34 Empress Avenue - expressing support for improve enforcement tools; indicating that he is concerned with reducing th permissible size of a fire pit to 18 by 18as firewood is often 16” to 18” i length and therefore it will be difficult to keep it within the structure; furthc indicating that he is saddened that some people feel that fire pits should b banned and noting that often those who create problems are the sam individuals that are in non-compliance with the by-law; suggesting that th offset from a built structure that is uninhabited should remain at 3 metres;

Chris Downing (for M. Temme), 66 Palmer Street - indicating that during Ju and August of last year, he experienced 50 nights of smoke from open burn: Fire Services could not locate the source and at times there were more tha three fires burning in the area of his home; expressing that the concern is nc with the single fire, but rather the aggregate effect of multiple fires burning I the same vicinity and noting most people don’t realize this; further indicatin that people interpret a by-law as permission to bum and that he would prefer 1 see a ban as the by-law, as proposed, does not keep people whose health detrimentally affected by smoke safe;

David Baker, 1250 Landor Street - expressing concern with neighbours wt- have a yard full of sawdust, woodchips and logs from trees that have been ci down having open burns as the area is extremely flammable; also expressir concern that their fires are lit under the overhang of a neighbour’s trei suggesting that if people want to have a fire, they should do so in the count1 and not in an urban setting;

Donald Green, 94 Paddock Green - indicating that he has a double lot and has a fire pit made from a truck rim and patio stones; indicating he has never had a complaint from neighbours and expressing support for the proposed by-law;

Pamela Stoksik, 416 McKenzie Avenue - expressing support for the comments of Mr. Downing; indicating that open burns should not be allowed in urban areas; also indicating that people’s knowledge is only limited to whether or not they can have a fire and not the associated risks; and suggesting that more public service announcements are needed when air advisories are in effect. (2007-PO9-00)

That, on the recommendation of the London Diversity and Race slations Advisory Committee, in accordance with Council Policy 5(16A), paragraph 19, iich indicates that funding of third party individuals, organizations or groups by an jvisory Committee of the Municipal Council whose mandate and budget does not cplicitly provide for the granting of monies to third parties under identified parameters ? subject to a recommendation by the subject Advisory Committee to the appropriate tanding Committee for review and recommendation to the Municipal Council, the nount of $300.00 payable to the Council for London Seniors to cover expenses for the msportation of seniors to the Multicultural Picnic being held by The Multicultural ommittee of the Council for Seniors, The InterCommunity Health Centre and The Duth London Neighbourhood Resource Centre to be held in July in Gibbons Park BE PPROVED for allocation from the London Diversity & Race Relations Advisory ommittee’s budget; it being noted that this addresses issues of access to msportation for seniors; it being further noted that a similar expenditure was approved 2006.

That the following matters BE NOTED AND FILED:

1) the 3rd Report of the Community Advisory Committee on Dearness ervices from its meeting held on April 12, 2007 (See Report atteed.);

1) the 4th Report of the Community Safety and Crime Prevention Advisory ommittee from its meeting held on April 26, 2007 (See Report azhed.); (c) the 5th Report of the London Housing Advisory Committee from its meeting held on April 25,2007 (See Report attFed.);

(d) clauses 2 to 11, inclusive, of the 5th Report of the London Diversity and Race Relations Advisory Committee from its meeting held on April 19, 2007 (See Report awed.); and,

(e) clauses 2 to 9, inclusive, of the 4th Report of the Accessibility Advisory committee from its meeting held on April 26, 2007; it being noted that clause 5 was amended in line 5 by deleting the words ‘input on transportation standards will be ready by the end of May for submission to the Ministry of Transportation” and by substituting therefor the words “Members were advised that should they wish to submit their personal comments to the Province with respect to the proposed transportation standards, they may do so before the end of May” (See Report afidehed.).

The Chair directs that clauses 9 to 14, inclusive, of Section II be noted. Clauses 9 to 14 read as follows:

9. That the Community and Protective Services Committee reviewed and received an information report from the General Manager of Community Services with respect to the 2006 Ontario Summer Paralympic Championships Award. (2007-M09-00)

IO. That the Community and Protective Services Committee reviewed and received an information report from the General Manager of Community Services with respect to the Ontario Walks event being targeted for May 20,2007. (2007-M09-00)

11. That the Community and Protective Services Committee reviewed and received an information report from the General Manager of community Services with respect to a proposal for a skateboard park in the Westmount area. (2007-E06-00)

12. That the Community and Protective Services Committee received a progress report from the General Manager of community Services with respect to th intensive Case Management Project, Addiction Services Initiative and the H2H Pilo Project. (2007-C06-00)

13. That the Community and Protective Services Committee reviewed and received an information report from the General Manager of Community Services and heard a verbal delegation and received the atteed handout from T. Kyle, Manager West Area Recreation Services, D. McCann, Public Health Nurse, Middlesex-London Health Unit and C. Finn, London Sports Council with respect to the activities o ActiveLondon2010. (2007-CO6-00)

14. That the Community and Protective Services Committee (CPSC reviewed and received the Medical Director’s Report for 2006 for the Dearness Home; i being noted that the word “few” should be added after the word “very“ in line 9 o paragraph 3; it further being noted that a verbal delegation was also heard from Dr. Wm. G. Ellyatt, Medical Director with respect to this matter. The CPSC extended it appreciation to Dr. Ellyatt for his efforts at the Dearness Home and requested th General Manager of Community Services to provide future updates on the progress o Bill 140. (2007-C11-00)

1. That, on the recommendation of the General Manager of Planning and Development, based on the application of Ayerswood Development Corporation relating to the property located at 180 Mill Street, the at hed proposed by-law BE INTRODUCED at the Municipal Council meeting on Mayf$c- 4, 2007 to amend Zoning By- law No. Z.-1 (in conformity with the Official Pian) to change the zoning of the subject lands FROM a Holding Residential R9 Special Provision Bonus (h.R9-7(9).H23.B-5) Zone TO a Residential R9 Special Provision Bonus (R9-7(9).H23.B-5) Zone; which permits apartment buildings, lodging houses and continuum-of-care facilities at a - 16-

(75 ft.) with a special provision zone; to reduce the front yard setback nhouses and reduce the rear yard, exterior side yard and interior side yard setb r apartments; plus bonusing to add townhouses as a permitted use, increase aximum density to 250 units per hectare (101 units per acre) and increase aximum height to 40m (131 ft.) or approximately 12-13 storeys, in return for desig atures which address the transition in height and density between neighbouring use remove the holding provisions. (2007-Dl 1-01)

That the letter of appeal to the Ontario Municipal Board, dated , 2007 and submitted by Alan Patton, on behalf of Brian and Nancy Feagan, the minor variance application A. 178/06 concerning 36 Grosvenor Street RRED back to staff for additional discussions with the applicant and to report b e Planning Committee in three weeks time at the May 28, 2007 meeting of anning committee. (2007-Dl 6-00)

That, on the recommendation of the General Manager of Planning an evelopment, in response to the letter of appeal to the Ontario Municipal Board, date nuary 3, 2007 and submitted by Jack Davis, on behalf of Joe Battaglia, relating to th nsent application B.73/06 and the minor variance application A.137/06, concerning 5 iscoe Street East:

(a) the Ontario Municipal Board BE ADVISED that the Municipal Council suppo the Decision of the Consent Authority to refuse the consent and the decision the Committee of Adjustment to refuse the minor variances; and

b) the City Solicitor and General Manager of Planning and Development DIRECTED to provide legal and planning representation at the Ont Municipal Board Hearing to support the Consent Authority‘s decision and decision of the Committee of Adjustment, both on the original application and the revised application. (2007-D09-00/D16-00)

That, on the recommendation of the General Manager of Planning a nt, based on the application of Sifton Properties Limited relating to t cated at 796 Sarnia Road, the awhed proposed by-law BE INTRODUCE icipal Council meeting on May 14, 2007 to amend Zoning By-law No. Z.-l, ty with the Official Plan, to change the zoning of the subject lands FROM Residential R1 Special Provision (h. R1-4(11)) Zone, a Holding Residenti 7/R8 (h. R5-3/R6-5/R7.D75.H14/R8-4) Zone, and a Holding Residenti 5/R6/R7/R8 Special Provision (h.R5-3(12)/R6-5(14)/R7(9).D75.H14/R8-4(13)) Zo Zone, a Residential R5/R6/R7/R8(R5 R5/R6/R7/R8 Special Provision (R5 Zone to remove the holding provision. (2007

5. That, on the recommendation of the General Manager of Planning and Development, based on the application of Legend Developments Ltd. relating to the property located south of 1040 Wharncliffe Road South, south of Southdale Road East (Part of Subdivision 39T-02502, Phase 3A), the att@ed proposed by-law BE INTRODUCED at a future Municipal Council meeting 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 R1 (h.Rl-3) Zone TO a Residential R1 (Rl-3) to remove the holding provision; it being noted that the above noted by-law will not be introduced until such time as the subdivision agreement for these lands has been executed. (2007-Dl 1-05)

Councillor Baechler moves that clause 6 be adopted.

Councillor Baechler moves, seconded by Councillor Bryant, that clause 6 be amended in line 5 by deleting therefrom the date “May 7, 2007” and by substituting therefor the date “May 14, 2007”. CARRIED

The motion to adopt clause 6, as amended, is put and CARRIED. Clause 6, as amended, reads as follows: r That, on the recommendation of the General Manager of Planning and Development, based on the request of the City of London, Realty Services Division relating to the property bounded by Huron Street, the CN Rail Line, Veterans Memorial Parkway, and the Airport Lands, the a hed proposed by-law BE INTRODUCED at the Municipal Council meeting on May 4, 2007 to amend Zoning By-law No. Z.-1 (in conformity with the Official Plan) to9- change the zoning of the subject lands FROM a Holding General Industrial (h.GI1) Zone TO a General Industrial (GI1) Zone to remove the holding provision. (2007-Dl 1-02)

Councillor Baechler moves that clauses 7 to 11, inclusive, be adopted. CARRIED Clauses 7 to 11 read as follows:

Oxford Street West, the Ontario Municipal Board BE ADVISED that:

) the Municipal Council, in order to facilitate a settlement on the appeal, woul support an amendment to the text and mapping of the Official Plan am adopted on July 24, 2006, to delineate the proposed Secondary Collec

in Appendix "E" at!@hed hereto;

) the Municipal Council has reviewed the decision of the Approval Authority for City of London with respect to the conditions of subdivision draft approval set in the Notice of Decision dated September 6, 2006, and sees no reaso recommend alterations to the Decision of the Approval Authority; and

) the City Solicitor and the General Manager of Planning and Development DIRECTED to provide legal and planning representation at the Ontario Munici

thority for subdivisions to the City of London Approval Authority and that t authority includes the ability to make any change in the conditions . (2007-D26-03/DI 1-09)

TO a Residential R9 (R9-7.H38) Zone to remove the holding provisions for a

mittee heard a verbal delegation from C. Leigh,The Tricar Group representing

subject site. (2007-Dl 1-07)

That the recommendation of the Environmental and Ecological Plannin ory Committee (EEPAC) relating to a request for Planning and Development sta

ry Committee relating to enhancements to information about Boa issions and Advisory Committees on the City's website BE REFERRED to erk and the Communications Division for review.

That the recommendation of the Environmental and Ecological Planni ommittee relating to future tree cover in new subdivisions BE REFERRED ning and Design staff for review. The Chair directs that consideration of clause 12 be deferred for consideration with clause 1 of the 14th Report of the Planning Committee.

Councillor Baechler moves that clause 13 be adopted.

Councillor Baechler moves, seconded by Councillor MacDonald, that clause 13 be amended in line 1 of paragraph 3 by deleting therefrom all words after the words “finalized and” and by substituting therefor the words “no building permit will be issued until such time as servicing issues are addressed and Section 4.15 of the Zoning By-law with respect to ‘Municipal Services Requirement‘ has been complied with.” CARRIED

The motion to adopt clause 13, as amended, is put and CARRIED. Clause 13, as amended, reads as follows:

nge of Industrial uses and applying a general ”h holding provision, AND to

being noted that the following issues will be addressed at the site plan stage: i) acce

acent to the westerly lot line; and ii) the development will be reviewed for consisten h the Oxford East Corridor Design Study;

being further noted that no development agreement will be finalized and no buildin rmit will be issued until such time as servicing issues are addressed and Section 4. the Zoning By-law with respect to ‘Municipal Services Requirement‘ has be

e following individual made an oral submission in connection therewith:

B. Siskind, representing Decade Group Inc. and indicating that Servicing- issu for the site could be de& with during the site plan approvai process. I (2007-Dl 1-02)

14. That, on the recommendation of the General Manager of Planning and Development, the following actions be taken with respect to the application of Foxwood Crossing (Ali Soufan -1640209 Ontario Ltd.) relating to the property located at 1959 Wharncliffe Road South:

(a) the request to amend the Official Plan to change the designation of the subject - 19-

lands from “Urban Reserve-Community Growth, “Environmental Review”, an “Open Space” to “Low Densitv Residential”, “Multi-familv Medium Densi Residential”, and “Community Shopping Area” BE REFUSED because an Are Plan has not been completed, and municipal sanitary sewage services are n available to service the subject site;

the Approval Authority BE REQUESTED to REFUSE the draft plan of residenti subdivision, as submitted by Foxwood Crossing (File No. 39T-06509), prepare by AGM Engineering Ltd. (Drawing No. 1106-10, dated February 24, 2006 which shows 353 single detached dwelling lots, 7 future residential d blocks, 1 medium density residential block, 1 commercial block, and block, served by the extension of Savoy Street, Westwick Walk, and Heights, and by 6 new local streets because an Area Plan has not been done sanitary sewer servicing study has not been completed and there is confirmed outlet to a treatment plant that has capacity to service this subdivisi a master drainage plan and servicing study has not been completed, a w servicing report has not been completed, a subject land status report has been completed, a three season inventory for woodland patch 10070 has been done, and an EIS for development within 50 metres of the woodland p 10070 has not been completed to the satisfaction of the City;

the request to amend Zoning By-law No. Z.-1 to change the zoning of the su property from the Urban Reserve (UR4), Open Space (OS4), and Environm Review (ER) Zones to a Low Density Residential (RI-3) Zone, Medium Den Residential (R5-4) Zone, and Community Shopping Area (CSA) Zone to per broad range of residential uses, including single detached dwellings, cI houses and apartment buildings; and range of commercial uses, including outlets, supermarkets, financial institutions, service oriented office use, li range of automotive uses, community facilities and professional offices REFUSED because an Area Plan has not been completed, there are no servi available to service the subdivision and it would be premature to zone subject lands in advance of approval of a draft plan of subdivision; and

the proposed by-law att&ed hereto as Appendix “A“ BE INTRODUCED at th Municipal Council meeting on May 14, 2007 to amend Zoning By-law No. 2.-1 (i conformity with the Official Plan) to change Section 4.2.1 of Road Allowanc Requirements - Specific Roads of the Z.-1 By-law to add the secondary collect road, Savoy Street; being noted that the reasons for refusal are listed in the “Rationale” section of th lanning staff report; being pointed out that at the public participation meeting associated with this matter, le following individuals made an oral submission in connection therewith:

J. Davis, Jack E. Davis Holdings Ltd. - representing the applicant and requestin deferral of the application; noting that as a result of information received by th applicant today, there could be the potential for additional capacity for se treatment for the site and that they would like an opportunity to s documentation relating to servicing to the Environmental and Engineerin Services Department for their review, indicating that a report back from staff m indicate there is an ability for limited development to take place, and that t applicant would be amenable to refining the plan to address some of th neighbourhood concerns and storm water management; further noting th applicant is not in agreement with part (d) of the recommendation above to ad the secondary collector road.

R. DeVries, 2129 Westwick Walk - expressing opposition to any increas density to lands adjacent to the existing neighbourhood, concern that existing storm water management pond already backs up and does not have additional capacity, that there is no green space allocated in the plan, and this plan would not tit in with the existing nature of Lambeth.

T. McGuire, 2078 Westpoint Heights - expressing concern that there is greenspace buffer in this plan and that there is already space allocated commercial development in Lambeth, noting this is not the appropriate locat for more commercial uses given the existing residential neighbourhood. (2007-Dl 1-07) - 20 -

). That, on the recommendation of the General Manager of Planning an welopment, the following actions be taken with respect to the site plan approvi )plication of the City of London relating to the properties located at 561, 575 an 11 Dundas Street, 394 William Street and part of 570 King Street:

) the attghed site plan, landscape plan and building elevations, and developmei agreement clauses for the expansion of the existing police station at 601 Dunda Street BE APPROVED, subject to the approval of the site servicing and gradin plans, and

1) the applicant BE ADVISED of the following claims and revenues information:

Estimated Estimated Revenue Claims Urban Works Reserve Fund $ NIA $ NIA

Other Reserve Funds $ NIA $ NIA (City Services & Hydro)

TOTAL $ NIA $ NIA being noted that the London Police Services will work with the community and sts om the Cultural Division and Parks Planning and Design with respect to the mur ,eject and the design of the park at Adelaide Street; being pointed out that at the public participation meeting associated with this matte le following individuals made an oral submission in connection therewith:

K. Owen, Manager, Operations - Fleet Facilities and Departmen Resources/Facilities Design and Construction - expressing support for t recommendation.

S. Merritt, Manager, Old East BIA - expressing support for the redesign; n that comments from the community have been more positive, though there still some concerns with respect to the amount of on-street parking spaces that the community would like to see a reduction in the amount, and a desir move forward with an initiative for weather resistant murals to be created on brick fapde facing the street; noting the London Arts Council, the London P Services, the community and the Cultural Division could all play a part in initiative, indicating that the community would also like to see more green s in the park to be located at the corner of the site at Adelaide Street and some assistance from Parks Planning and Design staff on this initiative w also be appreciated.

Deputy Chief Duncan, London Police Services - expressing support for t community initiatives relating to murals and landscaping but noting the numb of on-street parking spaces is required to address the day to day operations the site. (2007-025-00)

6. That a demolition permit BE ISSUED to 2126630 Ontario Limited (Mi ,tarcevic) to demolish the residential building located at 547 Crestwood Drive. (20 I10-00) 7. That a demolition permit BE ISSUED to K. White to demolish th 5sidential building located at 828 Commissioners Road West. (2007-D10-00)

8. That a demolition permit BE ISSUED to S. Cambria to demolish th sidential building located at 965 Westdel Bourne. (2007-D10-00)

9. That a demolition permit BE ISSUED to R. and S. Wilkins to demolish th 3sidential building located 41 7 West Mile Road. (2007-D10-00)

0. That a demolition permit BE ISSUED to Grosvenor Lofts Inc. to demolis le residential building located at 889 Adelaide Street North; it being noted that in th onclusion section of the staff report, the current paragraph should be deleted and splaced with the following:

The demolition will enable the property owner to use this area for parking in connectio with the redevelopment of the church to apartments. Consequently, there will be no loss of residential dwellings on the property, once the church is converted to apartments.” (2007-D10-00)

21. That a demolition Demit BE ISSUED East Park Golf and Gardens Ltd. to emolish the residential building‘with six units located at 1275 Hamilton Road. (2007 PDI O-00) The Chair directs that clauses 22 to 26, inclusive, of Section II be noted. Clauses 22 to 26 read as follows:

building located at 878 Dundas Street. (2007-PO7-01)

That Planning Committee received and noted the 2nd Report of th ral Advisory Committee from its meeting held on April 18, 2007. (See Rep0

That the Planning Committee received and noted clauses 4 through 15, inclusive, of the 4th Report of the Environmental and Ecological Planning Adviso Committee from its meeting held on April 19, 2007. (See Report att,@ed.)

That the Planning Committee (PC) heard a delegation from R. Knutson Planning Inc. representing Legend Developments and received ication from A. Patton, Patton Cornier and Associates representing Westwo Centre Inc. with respect to a noise study relating to subdivision conditions Developments Inc., North Longwoods (Phase 2) Subdivision. The PC refer is matter to Special meeting of the PC to be held on Monday, May 14, conditional r. Knutson providing outstanding documentation relating to this matter to Planning s Wednesday, May 9. (2007-D26-04)

That the Planning Committee was unable to reach a majority decision wit pect to taking any action concerning the att@hed report from the General Manager o nning and Development with respect to the application submitted by 1610234 Onta . (A. Soufan) relating to the properties located at 552 and 556 Wonderland Ro , and pursuant to Section 17.6 of the Council Procedure By-law is here itting the matter to the Municipal Council for its disposition;

being pointed out that at the public participation meeting associated with this matter, e following individuals made an oral submission in connection therewith:

J. Davis, Jack E. Davis Holdings Ltd. - representing the applicant and indicating that the Official Plan indicates this site is to be residential, and it will conti retain that designation, but a site specific rezoning is being requested forth which will not impair the ability of the site to be used for residential again future; noting the house at 552 Wonderland, partially existing within t plain, would be demolished as a result of this application which complies Provincial Policy Statement and Upper Thames River Conservation Auth policy, in that no development will take place within the flood plan, that application would result in approximately 20-30 car trips on site per day wi parking spaces, as opposed to 2000 trips per day and 200 parking spaces fr higher density development such as an apartment building which is permitted on this site and would result in more traffic conflicts on Wonderlan Road; further noting that the Glad Tidings Assembly Church was unable t market the site for another church, that the self storage use would eliminate an plans for a seven storey apartment building, and will be innovatively designe Malhotra, Nicholson, Sheffield to present a residential faqade to the street, as as landscaped grading and privacy fencing to buffer the adjacent residen neighbourhoods and also noting the applicant would be in agreement with hold a public site plan meeting for this development. D. Malhotra, Malhotra, Nicholson, Sheffield - providing the design of the site the applicant and confirming that a seven storey apartment building could b constructed on this property outside of the flood plain. D. Whalley, 1500 Richmond Street - noting he is co-developer of this site an - 22 - was also the co-developer of the self storage facility located at 32 Commissioners Road facilitv which was well received bv the neiohbourino residents, that the facility wili be graded below the neighboiring residinces ani out of the line of site, that this will not be a tall building where trees will b removed but instead a low development with significant tree retention, that this i not a suitable site for residential development due to access, traffic and gradin issues, and that this use is more sensitive to the existing residential neighbourhood with a sound design by Malhotra, Nicholson Sheffield.

J. Sayer-White, 519 Riverside Drive, Unit 15 - representing Middles Condominium #592 and the Oakridge Riverside Community Association expressing thanks to the applicant for involving the community but noting th are still many concerns as outlined in his written communication included in Planning Committee agenda which include concerns that there are many mo people opposed to the development than in favour of it, that property values decrease despite the analysis provided to the applicant indicating there is similar site at 328 Commissioners Road that indicated they would likely not drop in property taxes in the vicinity of the Wonderland Road South site, there are many vacancies in storage units in the City including a sizeable vacan at the facility located at Wonderland Road South and Southdale Road West, the community has consistently been told by the applicant that this site will ei be a self storage facility or a seven storey apartment building and questionin whether a highrise could be built on that site given the topography, requesting public site plan meeting for the facility should it be approved and submitting th att+!hed additional petitions.

R. Heard, 519 Riverside Drive Unit 4 - expressing opposition to a self storag facility in this neighbourhood.

K. Heard, 519 Riverside Drive Unit 4 - noting he respects that development w occur, but that the development should fit the neighbourhood and not just th policies, and noting concerns with existing situations in the neighbourhood.

R. Farris, 607 Valetta Street - noting that previous information from the appli indicated there would be 40 trips per day generated from the self storage fa not 20 as indicated this evening, that the numbers would be irrelevant in any ca until a 3 or 4 season study is undertaken, that there is an overabundance of s storage units in the city and that the residential faGade would only fa Wonderland Road South.

R. Columbus, 615 Valetta Street - expressing opposition to the self storag facility for the reasons outlined by his neighbours and that there are large lots i the area with plenty of room for their own storage on site.

R. Stirling, 603 Valetta Street - expressing support for a self storage facility, a he lives directly next door and would find it preferable to having this facilit located below a landscaped grade, rather than an apartment building located above his property, noting that economic conditions would determine whether t facility was really needed, and that there would be less traffic in and out of the s than there would be with a residential use.

R. Kelly, 619 Valetta Street - expressing opposition to any site specific rezoni for a commercial use as it sets a precedent for further commercial developm along Wonderland Road.

G. Cooper, 490 Riverside Drive - expressing opposition to any type commercial use, preferring residential uses only to maintain the existing charact of the neighbourhood.

W. Wyatt, 435 Riverside Drive - expressing opposition to the self storage faci as it will set a precedent for future commercial development along Wonderla Road.

D. Bowring, 521 Riverside Drive - expressing opposition to the self storag facility as it sets a precedent for further commercial development along Riversid Drive, and inquiring about the use of Chapter 10 of the Official Plan. B. Scott, 29 C Crescent - noting that the neighbours should be more concerned about the existing situation in their neighbourhood which may be more detrimental than a self storage facility to their property values.

T. Crawford, 571 Wonderland Road South - expressing concerns about traffic in the area and supporting concerns raised by the neighbours.

A. Crunican, 519 Riverside Drive Unit 40 - expressing opposition to the proposed development.

S. Hobson, 304-521 Riverside Drive - expressing opposition to a commercial use and requesting the site remain residential.

P. Venesoen, 621 Kingsway Avenue - expressing opposition to the self storage facility and indicating a desire to see residential on this site for the long term, and that it could set a precedent for further commercial development; noting that this site should be reviewed by the UTRCA for drainage issues as the sloped landscaping could be of concern.

M. Jarabek, 421 Palmtree Avenue - noting that J. Sayer- White represented approximately 100 members of the Oakridge Riverside Community Association at their annual general meeting and represented their views on this matter; and noting that the decision for this land should be based on the best use of the land.

T. Kline, P.O. Box 191, Station B - expressing concern about comments in the community with respect to the judgements about residents in the area.

H. Vanwynsberghe, 607 Thornwood Court - expressing opposition to a commercial development and noting this site should remain a residential property. (2007-Dl 1-07)

14TH REPORT OF THE PLANNING COMMllTEE

163. Councillor Baechler presents the 14th Report of the Planning Committee.

Councillor Baechler moves that clause 1 be adopted. LOST on a recorded vote, the Members voting as follows:

YEAS: Controller Barber and Councillors MacDonald, Armstrong, Eagle, Winninger, Branscombe, Bryant, Baechler and Usher. (9)

NAYS: Mayor DeCicco-Best, Deputy Mayor Gosnell, Controllers Polhill and Hume and Councillors Van Meerbergen, Caranci, Orser, Lonc, Hubert and Miller. (IO)

13TH REPORT OF THE PLANNING COMMITTEE [continued)

164. Councillor Baechler moves that clause 12 be adopted.

Controller Hume moves, seconded by Deputy Mayor Gosnell, that clause 12 be amended by adding a new paragraph 7, prior to the paragraph commencing with the words “it being pointed out., .” as follows:

“it being further noted that Tepperman’s representatives have indicated they would dedicate land for the road alignment; staff will meet with the Tepperman’s representatives to finalize the details of the dedication; the associated development agreement will reflect the land dedication; Engineering staff will review the transportation issues along Wharncliffe Road, as far as budget and timing considerations are concerned; and, should there be any concerns by staff with respect to the aforementioned actions, they will report back to the Planning Committee thereon;” CARRIED on a recorded vote, the Members voting as follows: -24-

YEAS: Mayor DeCicco-Best, Deputy Mayor Gosnell, Controllers Barber, Polhill and Hume and Councillors Van Meerbergen, MacDonald, Armstrong, Eagle, Winninger, Caranci, Branscombe, Bryant, Baechler, Orser, Lonc, Hubert, Miller and Usher. (19)

NAYS: (0)

The motion to adopt clause 12, as amended, is put and CARRIED. Clause 12, as amended, reads as follows:

!. That, on the recommendation of the General Manager of Planning and 3velopment the following actions be taken based on the application of Tepperman’s lating to the property located at 1080, 1150, 1200 and a portion of 1210 Wharncliffe lad South:

the at$i$hed revised proposed by-law BE INTRODUCED at the Municipal Council meeting on May 14, 2007 to amend Zoning By-law No. Z.-1 (ir conformity with the Official Plan) to change the zoning of the subject lands FROM Restricted Service Commercial (RSCl/RSC3/RSC4/RSC5) and Holding Restricted Service Commercial Special Provision (h.h-11 .h- 63.RSC1(17)/RSC3(14)/RSC4(10)/RSC5(11)) Zones which permit a limited range of commercial uses and include special provisions which do not permit development on, and require setbacks to, a future road corridor and also include holding provisions related to municipal services and a development agreement (h), access arrangements (h-11) and noise attenuation and design (h-63). TO a Holding Restricted Service Commercial Special Provision (h.h-11 .h- 18.RSC1(17)/RSC3(14)/RSC4(10)/RSC5(11)) Zone to permit the same range of uses, amend the existing special provision zones to add revised regulations for a maximum lot coverage of 33.1%, a maximum height of 14 metres and a maximum retail total gross floor area of 8000m2 and add a new “h-18 (archaeological assessment) holding provision:

the width of the landscaped buffer strip between the parking lot and Legenda Drive BE INCREASED:

a demolition permit BE ISSUED to Tepperman’s to demolish the residential building located at 1080 Wharncliffe Road South;

being noted that under the analysis section of the Planning Staff report, Issue 3(b) !dating to a holding provision for road access should indicate that only part of the road ?dication has been finalized and does not include the portion owned by Tepperman’s id that Tepperman’s will undertake to meet with staff prior to the Municipal Council eeting on Monday, May 14 to confirm the date when the dedication of the land for the Iquired road allowance to realign Legendary Drive will take place;

being further noted that pursuant to Section 34(17) of the Planning Act, it has been 3termined that no further notice of the proposed revised by-law noted in part (a) above required;

being further noted that Tepperman’s representatives have indicated they would jdicate land for the road alignment; staff will meet with the Tepperman’s bpresentatives to finalize the details of the dedication; the associated development greement will reflect the land dedication; Engineering staff will review the ansportation issues along Wharncliffe Road, as far as budget and timing insiderations are concerned; and, should there be any concerns by staff with respect I the aforementioned actions, they will report back to the Planning Committee thereon;

being pointed out that at the public participation meeting associated with this matter, le following individuals made an oral submission in connection therewith:

S. Cornwall, Zelinka Priamo Ltd. - representing the applicant and noting the intent of this application is to replace the existing Tepperman’s retail store with a more modern building that will also include a distribution facility for all of its retail stores in the region which will receive containers and assemble furniture for four stores; further noting that the design of the facility would need slightly more gross floor area and requesting an increase from 7900 square meters to 8000.

M. Hannay, Zelinka Priamo Ltd. - representing the applicant and providing an overview of the building and landscape designs for the site. -25-

R. Knutson, Knutson Planning Inc. - representing Legend Developments and expressing support for the staff recommendation.

D. Nuttall, 186 Albert Street - noting that this is a large building and inquiring as to what the storm water management arrangements are for it. (2007-Dl 1-07)

14TH REPORT OF THE COMMITTEE OF THE WHOLE

165. Controller Barber presents the 14th Report of the Committee of the Whole.

Councillor Winninger moves, seconded by Councillor Armstrong, that pursuant to section 17.4 of the Council Procedure By-law leave be given for discussion and debate ant the making of a substantive motion with respect to clause 1. CARRIED

Councillor Winninger moves, seconded by Councillor Armstrong, that clause 1 be amended by adding thereto at the end the words "; it being noted that the next Strategic Planning session will commence at 500 p.m. or later". CARRIED

The motion to adopt clause 1, as amended, is put and CARRIED. Clause 1, as amended, reads as follows:

1. That the Committee of the Whole (CW) heard a presentation from the Chief Administrative Officer with respect to the att$hed Draft 2007-2010 Council Strategic Plan and the 2006 Economic Prosperity Report Card. The Chief Administrative Officer was requested to undertake a public participation process for the purpose of obtaining input on an updated vision statement given developments since the Vision '96 process, as well as on the City's branding. The Members were requested to provide the Chief Administrative Officer with any comments they might have on the proposed preliminary framework for the Strategic Plan, particularly as it relates to the areas that the CW did not have an opportunity to discuss, those being "Reliable Transportation System", "Managed and Balanced Growth", "Financial Stability", "Performance" and "Results"; it being noted that once those comments are received the Chief Administrative Officer will further refine the Draft 2007-2010 Council Strategic Plan for the consideration of the Municipal Council; it being noted that the next Strategic Planning session will commence at 500 p.m. or later. (NOTE: A copy of the Economic Prosperity Report Card is enclosed in Members' envelopes.)

16TH REPORT OF THE BOARD OF CONTROL (continued)

166. Deputy Mayor Gosnell moves that clause 10 be adopted.

Councillor Armstrong moves, seconded by Councillor Winninger, that clause 10 be referred back to staff to look at alternative means to be more cost effective. LOST

The motion to adopt clause 10 is put and CARRIED. Clause 10 reads as follows:

IO. That, on the recommendation of the General Manager of Community Services, the following actions be taken with respect to advertising sales, production and distribution of the Spectrum Recreation and Leisure Catalogue, namely:

(a) the bid submitted by The Londoner, 1147 Gainsborough Rd.. London, for a three (3) year period at its tendered prices (all taxes extra), BE ACCEPTED as detailed in the attFhed Summary of Bids; it being noted that the bid submitted by The Londoner was the lowest of three (3) bids received and meets the City's terms and conditions in all areas; and

(b) the approval given herein BE CONDITIONAL upon the Corporation entering into a formal contract or issuing a purchase order relating to this matter (Tender 07- 02). (M15-00) - 26 -

ENQUIRIES

167. Controller Hume enquires if the Civic Administration and Tourism London can look at pursuing the 2010 World Hockey Championships. The Chair refers this inquiry to the Civic Administration and Tourism London.

Deputy Mayor Gosnell moves, seconded by Controller Polhill, that the Council rise and go into committee of the Whole, in camera, for the purpose of considering the following:

(a) a matter pertaining to litigation or potential litigation affecting the municipality regarding an insurance claim;

(b) a matter pertaining to labour relations involving the London Professional Fire Fighters Association;

(c) a matter pertaining to a proposed acquisition of land on Adelaide Street North by the municipality;

(d) a matter pertaining to labour relations with respect to the London Professional Firefighters Association; and

(e) a matter pertaining to personal matters regarding an identifiable individual who is a municipal employee, advice that is subject to solicitor-client privilege including communications necessary for that purpose and labour relations and employee negotiations involving CUPE Local 101. CARRIED

The Council rises and goes into the Committee of the Whole, in camera, at 9:Ol p.m. with Deputy Mayor Gosnell in the Chair and all Members present.

The committee rises and Council resumes in regular session at 9:45 p.m. with Mayor DeCicco-Best in the Chair and all Members present.

15TH REPORT OF THE COMMITTEE OF THE WHOLE

PRESENT Mayor A. M. DeCicco-Best, Deputy Mayor T. C. Gosnell, Controllers G. Barber, W. J. Polhill and G. Hume and Councillors R. Caranci, W. J. Armstrong, B. R. MacDonald, S. Orser, J. L. Baechler, N. Branscombe, W. Lonc, P. Hubert, S. E. Eagle, P. M. Van Meerbergen, D. Winninger, H. L. Usher, J. P. Bryant and C. Miller, and K. Bain (City Clerk).

ALSO PRESENT: J. A. Fielding, R. W. Panzer, J. P. Barber, P. Foto, M. Hayward, G. T. Hopcroft, 0. Kitterman, V. McAlea-Major, J. Purser, L. Rowe, R. Sanderson and M. St. Amant.

I YOUR COMMllTEE OF THE WHOLE REPORTS:

1. That, as procedural matter pursuant to Section 239 (6) of the Municipal Act, 2007, the following recommendation be forwarded to City Council for deliberation and a vote in public session:

That, on the recommendation of the Director of Management Support, Audit and Risk, the appeal to Board of Control by Ms. Brittany Ricketts for compensation for costs arising from damage to her vehicle due to striking a pothole on or about February 26, 2007, BE DENIED. (LO5-05)

Deputy Mayor Gosnell presents the 15th Report of the committee of the Whole.

Councillor MacDonald moves, seconded by Councillor Usher, that pursuant to Section 17.4 of the Council Procedure By-law, leave be given for discussion and debate and the making of a substantive motion with respect to clause 1 of the 15th Report of the Committee of the Whole. CARRIED

Councillor MacDonald moves, seconded by Councillor Usher, that the following recommendations be approved:

1. That, on the recommendation of the Director of Management Support, Audit and Risk, the appeal to Board of Control by Ms. Brittany Ricketts for compensation - 27 -

for costs arising from damage to her vehicle due to striking a pothole on or about February 26, 2007, BE DENIED. (LO5-05) CARRIED

BY-LAWS

168. Councillor MacDonald moves, seconded by Councillor Usher, that the following Bills be introduced:

Bill No. 196 A by-law to confirm the proceedings of the Council By-law No. A.4103-123 Meeting held on the 14’ day of May, 2007 (City Clerk)

Bill No. 197 A by-law to authorize a Licence Agreement between By-law No. A.-6104-124 The Corporation of the City of London and MainStreet London for the installation of Carolinian Forest Tree Art in the downtown core; and to authorize the Mayor and Clerk to execute the Agreement. (14/16/BC)

Bill No. 198 A by-law to approve the Community Policing By-law No. A.-6105-125 Partnerships (CPP) Program and to authorize the Mayor and the City Clerk to execute the Agreement. (13/16/BC)

Bill No. 199 A by-law to amend By-law No. A-27, entitled “A by-law By-law A-27-07001 to provide for Various Fees and Charges.” (l/lO/CPSC)

Bill No. 200 A by-law to amend By-law A,-5962-42 entitled, By-law No. A.-5962(a)-126 “A by-law to approve the standard form for Office/Storage Space Licence Agreements and to authorize the Mayor and Clerk to execute agreements which employ this form”. (2/1O/CPSC)

Bill No. 201 A by-law to approve the Defibrillator Equipment Lease By-law No. F.-166-127 Agreement with Zoll Medical Corporation; and to authorize the Mayor and Clerk to execute the agreement. (15/16/BC)

Bill No. 202 A by-law to provide for the Regulation of open air By-law No. F-7 burning in the City of London. (6/lO/CPSC)

Bill No. 203 A by-law to authorize the 2005 Park Facility Major By-law No. W.-1989-128 Upgrades Project. (No. RC2744) (14/15/BC)

Bill No. 204 A by-law to authorize the 2006 Major By-law No. W.-1990-129 Upgrades Project. (No. GG1834) (14/15/BC)

Bill No. 205 A by-law to amend By-law No. Z.-1 to remove the By-law No. 2.-1-071633 holding provisions from the zoning for an area of land located at 180 Mill Street. (1/13/PC)

Bill No. 206 A by-law to amend By-law No. Z.-1 to remove the By-law No. 2.-1-071634 holding provision for the zoning for an area of land located at 796 Sarnia Road. (4/13/PC)

Bill No. 207 A by-law to amend By-law No. Z.-1 to remove the By-law No. 2.-1-071635 holding provision for the zoning for an area of land bounded by Huron St., the CN Rail Line, Veterans Memorial Parkway, and the Airport Lands. (611 3/PC)

Bill No. 208 A by-law to amend By-law No. 2.-1 to remove the By-law No. 2.-1-071636 holding provisions from the zoning for an area of land located at 1967 and 1985 Richmond Street North. (8/13/PC)

Bill No. 209 A by-law to amend By-law No. Z.-1 to rezone an area By-law No. 2.-1-071637 of land located at 1080, 1150, 1200 and a portion of 1210 Wharncliffe Road South. (12a/13/PC) -28-

Bill No. 210 A by-law to amend By-law No. Z.-1 to rezone an area By-law No. 2.-1-071638 of land located at 2040 Oxford Street East. (13/13/PC)

Bill No. 21 1 A by-law to amend By-law No. Z.-1 to add a new By-law No. 2.-1-071639 collector road, Savoy Street. (14d/13/PC)

CARRIED

First Reading:

Councillor Caranci moves, seconded by Councillor MacDonald, that Bill No.’s 190 to 21 1, inclusive, be read a first time. CARRIED

Second Reading:

Councillor Caranci moves, seconded by Councillor MacDonald, that Bill No.’s 190 to 21 1, inclusive, be read a second time. CARRIED

Third Reading:

Councillor Usher moves, seconded by Councillor Van Meerbergen, that Bill No.% 190 to 21 1, inclusive, be read a third time and be finally passed and enacted as by-laws of The Corporation of the City of London, namely:

Bill No. 190 A by-law to amend By-law No. A.-5273-82 entitled, “A By-law No. A.-5273(bg)-118 by-law to appoint Municipal Law Enforcement Officers for the City of London.” (Manager of Parking)

Bill No. 191 A by-law to amend By-law PS-111 entitled, “A by-law to By-law No. PS-111-07022 regulate the traffic and parking of motor vehicles in the City of London.” (Director of Roads and Transportation)

Bill No. 192 A by-law to rename the portion of Second Street, By-law No. S.-5047-119 between Oxford Street East and Cheapside Street to Boulevard in the City of London. (I2/8/PC)

Bill No. 193 A by-law to lay out, constitute, establish and assume By-law No. S.-5048-120 certain reserves in the City of London as public highway. (As widening to Commissioners Road West, east of Forest Edge Road) (Chief Surveyor)

Bill No. 194 A by-law to authorize the Western Road Widening By-law No. W.-1987-121 Project. (No. TS1401) (13/15/BC)

Bill No. 195 A by-law to authorize the Facility Energy Management By-law No. W.-1988-122 Phase II Project. (No. TS6217) (141WBC)

Bill No. 196 A by-law to confirm the proceedings of the Council By-law No. A.-6103-123 Meeting held on the 14”’ day of May, 2007 (City Clerk)

Bill No. 197 A by-law to authorize a Licence Agreement between By-law No. A.-6104124 The Corporation of the City of London and Mainstreet London for the installation of Carolinian Forest Tree Art in the downtown core; and to authorize the Mayor and Clerk to execute the Agreement. (14/16/BC)

Bill No. 198 A by-law to approve the Community Policing By-law No. A.-6105-125 Partnerships (CPP) Program and to authorize the Mayor and the City Clerk to execute the Agreement. (13/16/BC)

Bill No. 199 A by-law to amend By-law No. A-27, entitled “A by-law By-law A-27-07001 to provide for Various Fees and Charges.” (l/lO/CPSC) - 29 -

Bill No. 200 A by-law to amend By-law A.4962-42 entitled, " By-law No. A.-5962(a)-126 A by-law to approve the standard form for Office/Storage Space Licence Agreements and to authorize the Mayor and Clerk to execute agreements which employ this form''. (2/1O/CPSC)

Bill No. 201 A by-law to approve the Defibrillator Equipment Lease By-law No. F.-166-127 Agreement with Zoll Medical Corporation; and to authorize the Mayor and Clerk to execute the agreement. (15/16/BC)

Bill No. 202 A by-law to provide for the Regulation of open air By-law No. F-7 burning in the City of London. (6/10/CPSC)

Bill No. 203 A by-law to authorize the 2005 Park Facility Major By-law No. W-1989-128 Upgrades Project. (No. RC2744) (14/15/BC)

Bill No. 204 A by-law to authorize the 2006 Museum London Major By-law No. W.-1990-129 Upgrades Project. (No. GG1834) (14/15/BC)

Bill No. 205 A by-law to amend By-law No. Z.-1 to remove the By-law No. 2.-1-071633 holding provisions from the zoning for an area of land located at 180 Mill Street. (1/13/PC)

Bill No. 206 A by-law to amend By-law No. 2.-1 to remove the By-law No. 2.-1-071634 holding provision for the zoning for an area of land located at 796 Sarnia Road. (4/13/PC)

Bill No. 207 A by-law to amend By-law No. Z.-1 to remove the By-law No. 2.-1-071635 holding provision for the zoning for an area of land bounded by Huron St., the CN Rail Line, Veterans Memorial Parkway, and the Airport Lands. (6/13/PC)

Bill No. 208 A by-law to amend By-law No. 2.-1 to remove the By-law No. 2.-1-071636 holding provisions from the zoning for an area of land located at 1967 and 1985 Richmond Street North. (8/13/PC)

Bill No. 209 A by-law to amend By-law No. Z.-1 to rezone an area of By-law No. 2.-1-071637 land located at 1080, 1150, 1200 and a portion of 1210 Wharncliffe Road South. (12a/13/PC)

Bill No. 210 A by-law to amend By-law No. Z.-1 to rezone an area of By-law No. 2.-1-071638 land located at 2040 Oxford Street East. (13/13/PC)

Bill No. 21 1 A by-law to amend By-law No. Z.-1 to add a new By-law No. 2.-1-071639 collector road, Savoy Street. (14d/13/PC)

CARRIED

169. Councillor Miller moves, seconded by Deputy Mayor Gosnell, that the Meeting adjourn. CARRIED

The Meeting adjourns at 9:46 p.m.

&GcQF Anne Marie DeCicco-Best, Mayor