OTTAWA CITY COUNCIL

10 may 2006

ANDREW S. HAYDON HALL

1:00 p.m.

 

AGENDA 58

 

 

1.       Prayer

 

 

2.       National Anthem  (Councillor M. McRae)

 

 

3.                 Announcements/Ceremonial Activities

 

·                     Recognition - Dr. Nancy Edwards Day

 

 

4.                 Roll Call

 

 

5.                 Confirmation of Minutes

 

Confirmation of Minutes of the regular meeting of 26 April 2006.

 

 

6.       Declarations of pecuniary interest including those originally arising from prior meetings

 

 

7.       Communications

 

·                     AMO Alert

·                     2006 Federal Budget Will Help Ontario Municipalities

·                     Public Health Capacity Review Committee Releases Final Report

 

8.                 Regrets

 

No Regrets filed to date.

 

 

9.                 Motion to Introduce Reports

(Councillors M. McRae and J. Harder)

 

AGRICULTURE AND RURAL AFFAIRS COMMITTEE REPORT 21

 

 

1.             AMENDMENT TO BY-LAW 2004-293 TO APPOINT ADDITIONAL FENCE-VIEWERS

 

 

COMMITTEE RECOMMENDATION

 

That Council approve the amendment to By-law 2004-293 respecting the appointment of fence-viewers, to appoint five (5) additional fence-viewers, as outlined in Document 1.

 

 

 

2.             court of revision - TOMPKINS DIVERSION TO GREY'S CREEK MUNICIPAL DRAIN

 

 

COURT OF REVISION RECOMMENDATION

 

That Council give third reading to Tompkins Diversion to Grey’s Creek Municipal Drain By-law.

 

 

 

3.             Isaac Moore mUNICIPAL DRAIN ABANDONMENT

 

 

COMMITTEE RECOMMENDATION

 

That Council approve the attached By-law for the partial abandonment of the Isaac Moore Municipal Drain.

 

 

CORPORATE SERVICES AND ECONOMIC DEVELOPMENT COMMITTEE REPORT 46

 

     

1.             BUSINESS ADVISORY COMMITTEE – 2005 ANNUAL REPORT AND 2006 WORK PLAN

 

 

COMMITTEE RECOMMENDATIONS

 

That Council:

 

a)         Receive the 2005 Annual Report of the Business Advisory Committee as detailed in Attachment 1; and

 

b)         Approve the objectives contained in the 2006 workplan, as detailed in Attachment 2.

 

 

     

2.             OFFICE OF THE AUDITOR GENERAL - 2005 ANNUAL REPORT AND 2005 DETAILED AUDIT REPORTS

 

 

COMMITTEE RECOMMENDATIONS AS AMENDED

 

That Council:

 

1.         Receive on May 10, 2006 the 2005 Annual Report and 2005 Detailed Audit Reports of the Office of the Auditor General; and,

 

2.         Give notice on May 10th of its intention to receive public submissions on the Auditor General’s reports while sitting as Committee of the Whole at the Council meeting of May 24th as per Section 47 of the Rules of Procedure.

 

 

    

3.             2006 BUDGETS AND SPECIAL LEVIES FOR BUSINESS IMPROVEMENT AREAS AND SPARKS STREET MALL AUTHORITY

 

 

COMMITTEE RECOMMENDATIONS

 

That Council approve:

 

1.         The 2006 Budgets, as presented in document 1, for the following agencies:

 

a.                  By Ward Market BIA

b.                  Preston Street BIA

c.                   Sparks Street BIA

d.                  Sparks Street Mall Authority

e.                  Bank Street BIA       

f.                    Somerset Village BIA

g.                  Somerset Street Chinatown BIA

h.                  Westboro Village BIA

i.                    Downtown Rideau BIA

j.                    Vanier BIA

k.                  Manotick BIA

l.                    Carp BIA

m.                Barrhaven BIA         

 

2.         The 2006 Business Improvement Area Special Levies and the Sparks Street Mall Authority Metre–front charge, as presented in documents 2 and 3.

 

     

4.             LOCAL IMPROVEMENT POLICY

 

 

COMMITTEE RECOMMENDATION

 

That Council approve the Local Improvement Policy, as presented in Attachment 1.

 

 

5.          City of Ottawa ETHICAL Procurement POLICY

 

 

COMMITTEE RECOMMENDATIONS

 

That Council:

 

1.                  Commit to developing an Ethical Procurement Policy to ensure that purchases of clothing and fair trade agricultural products such as coffee and tea are manufactured or produced in accordance with established local and international environmental standards and applicable codes of conduct regarding wages, working conditions, safety, forced labour, and freedom of association as embodied in the United Nations Declaration of Human Rights, International Labour Organization Conventions, and other relevant Declarations and Conventions;

 

2.                  Direct that Supply Management Division, in conjunction with the Office of the Chief Corporate Services Officer, consult with all interested parties (including the Ottawa & District Labour Council and the Ottawa No Sweat Coalition) in the development of this policy for Council's consideration in 2007.

HEALTH, RECREATION AND SOCIAL SERVICES COMMITTEE REPORT 33

 

 

1.             Neighbourhood planning

 

 

COMMITTEE RECOMMENDATIONS AS AMENDED

 

That Council:

 

1.                  Endorse the implementation of the Neighbourhood Planning initiative as per the Corporate Plan and the Community and Protective Services Strategic Plan and approve the undertaking of demonstration projects in Hintonburg and Vars; and

 

2.         Approve that a suburban community be added to the pilot program in 2007.

 

 

PLANNING AND ENVIRONMENT COMMITTEE REPORT 47

 

     

1.             ZONING - 8154 Jeanne D'Arc BoulevarD

 

Committee recommendation

 

That Council approve an amendment to the former Cumberland Urban Zoning By-Law to change the zoning of 8154 Jeanne D'Arc Boulevard from CCN - Commercial Convenience Neighbourhood to CCN (XX) and R3D (XX) as shown in Document 1 and as detailed in Document 2.

 

 

     

2.             yellow bag program for non-residential establisHments –
solid waste services

 

Committee recommendation

 

That Council approve the implementation of the Yellow Bag Pilot Program, for non-residential establishments with an eight bag limit for residual garbage collection, and a fifteen container limit for recycling collection per week, per building, and that this Yellow Bag Pilot Program commence June 19, 2006.

 

 

     

3.             CITY OF OTTAWA APPLICATION TO THE GREEN MUNICIPAL FUNDS

 

Committee recommendation

 

That Council approve the Application to the Federation of Canadian Municipalities’ Green Municipal Funds for the following projects:

 

1.         Building a Resilient Sustainable Community;

 

2.         Integrated Greenhouse Gas and Air Quality Inventories for the Community and the Municipality.

 

 

     

4.             ZONING - Part of 4844 Mohrs Road and 100 huxley street

 

Committee recommendation

 

That Council approve an amendment to the former Township of West Carleton Zoning By-law to change the zoning of part of 4844 Mohrs Road from Holding Zone (H), Rural (RU) and Rural with Flood Plain Regulations (RU-FP) to a Special Low Density Residential Zone (RL-1) and (RL-1-FP), to remove the Holding Zone provisions, and to change the zoning of 100 Huxley Street from Special Low Density Residential (RL-1(x5)) to Special Low Density Residential Zone (RL-1), as shown on Document 1 and as detailed in Document 2.

 

 

     

5.             ZONING - 100-178 GRANITE COURT INCLUSIVE

 

Committee recommendation

 

That Council approve an amendment to the former City of Kanata Zoning By-law to increase the main building lot coverage zoning provision of 100-178 Granite Court inclusive in R3A-2 as shown in Document 1 and as detailed in Document 2.

 

 

     

6.             ZONING - 15 Tierney Drive

 

Committee recommendation as amended

 

That the Planning and Environment Committee recommend Council approve an amendment to the former City of Nepean Zoning By-Law to change the zoning of 15 Tierney Drive from FG (Future Growth) to R3A (Residential Third Density) as shown in Document 1.

 

 

     

7.             ZONING - Part of 2844 Yorks Corners Road

 

Committee recommendation

 

That Council approve an amendment to the former Township of Osgoode Zoning By-law to change the zoning of part of 2844 Yorks Corners Road to be known as 2818 and 2832 Yorks Corners Road from RU (Rural) to CE (Country Estate) and RU [xx] (Rural-Exception) as shown in Document 1 and detailed in Document 2.

 

 

     

8.             ZONING - 1339 Cousineau Street

 

Committee recommendation as amended

 

That Council aprove an amendment to the former City of Gloucester Zoning By-law to change the zoning of a portion of 1339 Cousineau Street from Rd-1; Residential, Double Dwelling Zone, to Rd-1 (E'XX'); Residential, Double Dwelling Exception 'XX' Zone as shown in Document 1 and as detailed in Document 2 as amended.

 

 

     

9.             eXTENSION OF INTERIM CONTROL by-law - SANDY HILl

 

Committee recommendation

 

That Council approve an amendment to Interim Control By-law 2005-253, the Sandy Hill Interim Control By-law, to extend the date of the said by-law in order to permit the completion of the interim control study in Sandy Hill by one calendar year.

 

     

10.          fOLLOW-UP REPORT: EXCHANGE OF INCREASED
HEIGHT OR DENSITY FOR COMMUNITY BENEFITs

 

Committee recommendation, as amended

 

That the original Report Recommendation 1, with amendments to Document 2 (Amended Density Incentive Implementation Guidelines), as outlined hereunder, be referred to Council:

 

1.         Defer implementation of the draft guidelines outlined in Document 2, as amended by the following, until the new comprehensive zoning by-law is in place to provide a more consistent zoning framework for development review.

 

Document 2

 

10.       Community benefits to be considered shall include but not be limited to the following:

 

i.          Affordable housing including housing on site, land, or cash contributions dedicated to the construction of new units to accommodate those on the Social Housing Registry waiting list, to remain affordable for fifty (50) year;

 

and add:

 

v.         Affordable market rental units available to a mix of incomes between the 10th and 30th percentiles.

 

2.         That Council amend the draft guidelines as shown in Document 2, as amended, to incorporate greenspace issues raised by the Ottawa Forest and Greenspace Advisory Committee.

 

 

PLANNING AND ENVIRONMENT COMMITTEE REPORT 48

 

     

1.             dRAFT COMPREHENSIVE ZONING BY LAW - BACKGROUND INFORMATION,
PROPOSED PROJECT AND PUBLIC CONSULTATION TIMELINEs

 

Committee recommendation as amended

 

That Council approve the proposed project and public consultation timetables for the draft Comprehensive Zoning By-law, found in Revised Documents 1 and 2 of this report, and that references to tabling the draft document with the Planning and Environment Committee on 23 May 2006 be deleted from the report.

 

 

     

2.             Ontario Muncipal Board Appeal - Lifting of the Holding PROVISION -
737-777 Silver seven road and 15 frank nigHbor place

 

Committee recommendations

 

That Council endorse the following position at the Ontario Municipal Board hearing regarding an application to lift the holding provision at 737-777 Silver Seven Road and 15 Frank Nighbor Place (File No. D07-07-05-0006):

 

1.         That the holding provision not be lifted from the existing “M1C-2(H)” (Light Industrial, Mixed, Exception 2 (Holding)) Zone to permit retail warehouse uses until the issues with the associated traffic study and site plan application (File No. D07-12-05-0146) have been addressed to the satisfaction of the Director, Planning and Infrastructure Approvals; and

 

2.         That appropriate staff resources from the Corporate Services and Planning and Growth Management Departments be committed for participation in the Ontario Municipal Board hearing.

 

 

TRANSPORTATION COMMITTEE REPORT 34

 

 

1.             TRANSIT ASSET MANAGEMENT PLAN

 

 

COMMITTEE RECOMMENDATIONS

 

That Council:

 

1.         Approve in principle the City of Ottawa Transit Asset Management Plan.

2.         Direct staff to submit the Transit Asset Management Plan to the Ontario Ministry of Transportation to fulfill the condition of the gas tax transfer to the City.

 

 

TRANSPORTATION COMMITTEE AND PLANNING AND ENVIRONMENT COMMITTEE JOINT REPORT 2

 

 

1.          ENVIRONMENTAL NOISE CONTROL GUIDELINES AND oFFICIAL PLAN AMENDMENT

 

 

PLANNING AND ENVIRONMENT COMMITTEE RECOMMENDATION AS AMENDED

 

That Council approve

 

1.       The amendment to the 2003 Official Plan to revise the policies in Section 4.8.8 Road, Rail, Transit Corridor Noise and Noise from Stationary Sources, as attached in Document 1 and that Document 3 (Table) be incorporated in the Official Plan.

 

JOINT commITTEES’ RECOMMENDATIONS as amended

 

That Council approve:

2.       The new Environmental Noise Control Guidelines (issued separately as Document 2).  Notwithstanding the thresholds that are proposed in the Noise Guidelines, that the guidelines (when applied to existing built forms) also apply to noise situations that are demonstrably annoying and affect the normal enjoyment of one’s property either because of their repetitive nature, their quality or because of the time of the day.

 

3.       An addendum to the Environmental Noise Control Guidelines to include Appendix E: Typical Sound Level Examples, as attached in Document 3.

 

 

REPORT – DEPUTY CITY MANAGER, PLANNING AND GROWTH MANAGEMENT

 

 

1.          BUILDING A RESILIENT SUSTAINABLE COMMUNITY

 

 

REPORT RECOMMENDATION

 

That Council receive for information the Work Plan of the Building a Resilient Sustainable Community initiative.

10.            Motion to Adopt Reports

(Councillors M. McRae and J. Harder)

 

 

11.            Motions of Which Notice has been Given Previously

 

Moved by Councillor P. Hume

Seconded by Councillor R. Jellett

 

WHEREAS on April 12, 2006 the Ontario Municipal Board released the decision on the Official Plan Amendments, Zoning By-law Amendments and Site Plan Approval for Loblaw Properties proposal at 1890, 1900, 1920 Walkley Road; 2980, 3000 Conroy Road; 2500, 2502, 2510 St. Laurent Boulevard and 2425 Don Reid Drive in the Ottawa Business Park;

 

AND WHEREAS Counsel for the City used every tool and tactic tool available to present evidence favourable to the City Council’s position and discredit evidence unfavourable to the City Council’s position. This approach earning a rebuke in the written decision (top of page 8);

 

AND WHEREAS this strategy was entirely unsuccessful in that the OMB has approved the requested Official Plan Amendment and Rezoning By-law and gave clear direction on the site plan;

 

AND WHEREAS at the hearing the community did not appear, to support City Council’s position, and property owners in the business park did not appear to support City Council. To the contrary, an adjacent business owner, located at 2410 Don Reid Drive, appeared at the hearing in support of the proposal;

 

AND WHEREAS with respect to the site plan the OMB “is convinced by the evidence that the store could be relocated to the north corner or the south corner off of the City owned lands”;

 

AND WHEREAS these alternatives have a negative effect on the abutting residential neighbourhood and the abutting commercial establishments (Boston Pizza) which objects to the southern corner location;

 

AND WHEREAS Taxpayers have spent approximately $120,000 in consulting fees to conduct the hearing – money that could have been better spent on other more pressing concerns more relevant to the surrounding community;

 

AND WHEREAS Loblaws has already been awarded costs in the amount of  $24,000 bring the total spent by the City on this appeal to $144,000;

 

AND WHEREAS Loblaws has indicated to the OMB that they wish to seek further costs as a result of the findings in the decision;

 

AND WHEREAS it is in the best interest of all concerned and with an eye to halting any further expenditure of taxpayers dollars on this fools errand;

 

THEREFORE BE IT RESOLVED that City Council amend the 2003 Official Plan (under appeal) to “General Urban Area “ in conformity with OMB decision 1090;

 

AND FURTHER BE IT RESOLVED that City Council approve the site plan presented at the OMB (attached) with only one southerly entrance to the site from Don Reid Drive – as directed by the OMB decision;

 

AND FURTHER BE IT RESOLVED that the 7 metre strip be declared surplus and sold to landowner at fair market value in accordance with a staff appraisal;

 

AND FURTHER BE IT RESOLVED that these approvals be contingent upon the landowner abandoning all claims for costs including the approximately $24,000.00 already granted by the OMB.

 

 

Moved by Councillor R. Bloess

Seconded by Councillor B. Monette

 

WHEREAS Council approved a portable sign motion on May 12, 2004 with the provision that local communities could exercise self-determination in the use of portable temporary signs in specified geographical areas;

 

AND WHEREAS the Blackburn Community Association made a request to the City of Ottawa in November 2005 requesting a moratorium on temporary signs in their community, as per Council’s decision;

 

AND WHEREAS all required public consultation requirements under the By-Law have taken place;

 

BE IT RESOLVED that that a moratorium be implemented banning all portable, temporary and additional billboard signage for Blackburn Hamlet.

 

 

12.            Notices of Motion (For Consideration at Subsequent Meeting)

 

 

13.            Motion to Introduce By-laws  (Councillors M. McRae and J. Harder)

 

Third Reading

 

a)                  A by-law of the City of Ottawa to provide for the improvement of drainage works in the City of Ottawa - Modification of Tompkins Diversion to Grey’s Creek Municipal Drain.

 

                                                                                                   Three Readings

 

b)                  A by-law of the City of Ottawa to provide for the partial abandonment of drainage works in the City of Ottawa - Part of the main branch, part of branch number 1, and the Trottier branch of the Isaac Moore Municipal Drain.

 

c)                  A by-law of the City of Ottawa to provide for the partial abandonment of drainage works in the City of Ottawa - Part of the main branch of the Edna Griffith Municipal Drain.

 

d)                  A by-law of the City of Ottawa to amend By-law No. 2006-79 respecting property tax due dates.

 

e)                  A by-law of the City of Ottawa to establish the tax ratios for the taxation year 2006.

 

f)                    A by-law of the City of Ottawa respecting the calculation of the amount of taxes for municipal and school purposes payable in respect of property in the commercial classes, industrial classes or multi-residential property class for 2006.

 

g)                  A by-law of the City of Ottawa respecting property subclass tax reductions for the year 2006.

 

h)                  A by-law of the City of Ottawa to impose, levy and collect a rate for the purposes of The Sparks Street Mall Management Board with respect to the Sparks Street Mall for the year 2006.

 

i)                    A by-law of the City of Ottawa to levy a special charge in respect of the Bank Street Improvement Area, Barrhaven Improvement Area, By Ward Market Improvement Area, Carp Village Improvement Area, Manotick Improvement Area, Preston Street Improvement Area, Rideau Area Improvement Area, Somerset Street Chinatown Improvement Area, Somerset Village Improvement Area, Sparks Street Improvement Area, Vanier Improvement Area, and Westboro Improvement Area, and to provide for their collection for the year 2006.

 

j)                    A by-law of the City of Ottawa to levy taxes for the year 2006.

 

k)                  A by-law of the City of Ottawa to levy taxes for the year 2006 for the City of Ottawa’s share of the costs of the conservation authorities.

 

l)                    A by-law of the City of Ottawa to levy taxes for the year 2006 for police services.

 

m)                A by-law of the City of Ottawa to establish a special levy for public transportation within the service areas known as the Rural Transit Areas for the year 2006.

 

n)                  A by-law of the City of Ottawa to establish a special levy for public transportation within the service area known as the Urban Transit Area for the year 2006.

 

o)                  A by-law of the City of Ottawa to establish a special levy for public transportation within the service area known as the Town Transit Area for the year 2006.

 

p)                  A by-law of the City of Ottawa to establish a special levy for fire protection and prevention in the rural service area for the year 2006.

 

q)                  A by-law of the City of Ottawa to establish a special levy for fire protection and prevention in the urban service area for the year 2006.

 

r)                   A by-law of the City of Ottawa to establish a percentage by which tax decreases are limited for 2006 for properties in the commercial, industrial and multi-residential property classes.

 

s)                   A by-law of the City of Ottawa to amend By-law No. 2003-500 respecting the sewer service rates.

 

t)                    A by-law of the City of Ottawa to amend By-law No. 2005-503 respecting delegation of authority to various officers of the City.

 

u)                  A by-law of the City of Ottawa to designate 25, 27, and 29 Berry Glen Street, as being exempt from Part Lot Control.

 

v)                  A by-law of the City of Ottawa to designate certain lands on Leverton Road and Weaver Crescent, as being exempt from Part Lot Control.

 

w)                A by-law of the City of Ottawa to dedicate and lay out certain land as common and public highway (Iber Road).

 

x)                  A by-law of the City of Ottawa to dedicate and lay out certain land as common and public highway (Trim Road).

 

y)                  A by-law of the City of Ottawa to dedicate and lay out certain land as common and public highway (Huntley Road).

 

z)                   A by-law of the City of Ottawa to amend By-law Number 168-94 of the former City of Kanata to change the zoning for the properties known municipally as 100 to 178 Granite Court inclusive.

aa)               A by-law of the City of Ottawa to amend By-law No. 2003-230 of the City of Ottawa to change the zoning for the property known municipally as part of 2844 York Corners.

 

bb)              A by-law of the City of Ottawa to amend By-law No. 2005-253 to extend interim control for lands zoned R5C[87] in the area bounded by Laurier Avenue East, Chapel Street, Somerset Street East and Henderson Avenue.

 

cc)               A by-law of the City of Ottawa to amend By-law No. 266 of 1981 of the former Township of West Carleton to change the zoning for the properties known municipally as 4844 Mohrs Road and 100 Huxley Street.

 

dd)              A by-law of the City of Ottawa to amend By-law No. 1-84 of the former City of Cumberland to change the zoning for the property known municipally as 8154 Jeanne d’Arc Boulevard.

 

ee)               A by-law of the City of Ottawa to amend By-law No. 333 of 1999 of the former City of Gloucester to change the zoning for the property known municipally as 1339 Cousineau Street.

 

ff)                  A by-law of the City of Ottawa to amend By-law Number 100-2000 of the former City of Nepean for the property known municipally as 15 Tierney Drive.

 

gg)               A by-law of the City of Ottawa to amend By-law No. 2001-17 to appoint certain Inspectors, Property Standards Officers and Municipal Law Enforcement Officers in the Building Services Branch of the Department of Development Services.

 

hh)               A by-law of the City of Ottawa to amend By-law No. 2001-208 to appoint certain Municipal Law Enforcement Officers with respect to parking infractions on City streets and City property.

 

ii)                   A by-law of the City of Ottawa to amend By-law No. 2004-60 to appoint Municipal Law Enforcement Officers in accordance with private property parking enforcement.

 

jj)                  A by-law of the City of Ottawa amending By-law Number 2004-310 for the imposition of development charges for Gloucester East Urban Community Stormwater Facilities.

 

kk)              A by-law of the City of Ottawa amending By-law Number 2004-308 for the imposition of development charges for Shirley’s Brook Stormwater Facilities.

 

ll)                   A by-law of the City of Ottawa to designate 934-938 and 957-975 Gosnell Terrace, as being exempt from Part Lot Control.

 

 

14.            Confirmation By-law  (Councillors M. McRae and J. Harder)

 

15.            Inquiries

 

 

16.            Adjournment  (Councillors M. McRae and J. Harder)

 

 

Simultaneous interpretation of these proceedings is available.  Please speak to the attendant at reception.