25 october
2006
1:00 p.m.
DISPOSITION 67
Committee Reports
AGRICULTURE AND RURAL
AFFAIRS COMMITTEE REPORT 30
1. OFFICIAL PLAN AMENDMENT, ZONING BY-LAW
AMENDMENT AND PLAN OF SUBDIVISION - 7268 PARKWAY ROAD
|
REPORT
RECOMMENDATIONS
That Council
refuse an Official Plan
Amendment application, a Zoning By-law Amendment application and a draft Plan
of Subdivision for 7268 Parkway Road.
CARRIED
CORPORATE SERVICES AND
ECONOMIC DEVELOPMENT COMMITTEE REPORTS 56
1. The Creation of a
biodiversity task force
|
That Council:
1. Grant approval to the EAC for
initiating a Biodiversity Task Force composed of three EAC members, one member
of staff from the Environmental Sustainability Division, three members of the
community and representation from the Ottawa Forests and Greenspace Advisory
Committee, the Rural Issues Advisory Committee and the Conservation Authorities;
and
2. Approve that the Biodiversity Task
Force be set up for a period of six months to:
·
Write
the draft Terms of Reference for the Biodiversity Strategy, with community
input;
·
Submit
the draft Terms of Reference to City Council for approval;
·
Conduct
research to identify and obtain copies of biodiversity strategies and
implementation plans developed by other cities both in Canada and
internationally;
·
Work
with staff to organize a biodiversity workshop to gain input from the Ottawa
community; and,
·
Write
the draft Biodiversity Strategy and implementation Plan for the City of Ottawa.
3.
Allocate
the modest sum of $5000 to cover the Biodiversity Task Force’s operation,
research, consultation and communications costs.
CARRIED
2. CREATION OF AN OFFICE OF THE OMBUDSPERSON |
That Council
approve:
WHEREAS
the Accessibility Advisory Committee has recommended that “Council institute an
office of the Ombudsperson” position;
AND
WHEREAS Bill 130, the Municipal Statute Law Amendment Act, is currently
being reviewed by the Standing Committee on General Government;
AND
WHEREAS it is anticipated that Bill 130 may receive Third Reading sometime
later this fall and be implemented early in the next term of Council;
THEREFORE
BE IT RESOLVED that the Accessibility Advisory Committee’s above-noted
recommendation be considered by the new City Council in the manner described in
the staff report for Bill 130 [p. 55, Staff Recommendation no. 5].
CARRIED
3. ACCESSIBILITY
LENS IN THE CITY OF OTTAWA |
COMMITTEE RECOMMENDATION
That Council
apply an “Accessibility Lens” to all of its work - reports, motions, policies,
procedures and decisions.
CARRIED
4. MUNICIPAL CAPITAL
FACILITIES Agreement - OTTAWA HUMANE SOCIETY - 101
CHAMPAGNE AVENUE SOUTH |
COMMITTEE RECOMMENDATIONS
That Council approve:
1.
The City of Ottawa
enter into a Municipal Capital Facilities Agreement (MCFA), as described in
Document 1, pursuant to Section 110 of the Municipal Act 2001, with the
Ottawa Humane Society (OHS) relating to the premises being occupied for pound
and ancillary services at 101 Champagne Avenue South, commencing January 1,
2007 until December 31, 2012 or until it ceases to operate and provide the same
services to the City of Ottawa under the provisions of the MCFA at that
location, whichever event occurs
first.
2.
A by-law of the
City of Ottawa, as described in Document 2, be enacted to designate the
premises, being occupied for the pound and ancillary services with the OHS, to
be 55.4% exempt from taxation for municipal and school purposes, as permitted
under Section 110 of the Municipal Act, 2001 and as defined in Ontario
Regulation 46/94, commencing January 1, 2007 until December 31, 2012 or until
it ceases to operate and provide the same services to the City of Ottawa under
the provisions of the MCFA at that location , whichever event occurs first.
3.
The Chief Corporate
Services Officer be delegated the authority to finalize and execute the
Municipal Capital Facilities Agreement as described in Document 1.
CARRIED
5. TEMPORARY BORROWING BY- LAW FOR 2007 CURRENT
OPERATIONS |
COMMITTEE RECOMMENDATION
That Council approve the enactment of the
draft by-law, contained in Attachment 1, authorizing temporary borrowings for
current purposes for the year 2007 in accordance with existing legislation.
CARRIED
6. BILL 130 - MUNICIPAL STATUTE LAW AMENDMENT ACT |
COMMITTEE RECOMMENDATIONS
That
Council:
1.
Approve, in principle, the proposed amendments to the Municipal
Act, 2001 included in Bill 130, the Municipal Statute Law Amendment Act,
as amended by this report;
2.
Petition the Province to provide municipalities with
the authority to regulate the Industrial, Commercial and Institutional
(“IC&I”) sector from a recycling, waste diversion and waste disposal
perspective as further set out in this report.
3.
Petition the Province to review the legal principle of
joint and several liability as set out in the Negligence Act and exempt its application from all municipalities
and local boards;
4.
Direct staff to circulate this report to local boards and
the City’s advisory committees for information;
5.
Petition the Province to provide an enactment date for
certain of the Bill 130 amendments (i.e. new policies) of at least January 1st,
2008 in order to provide municipalities with a sufficient timeline to
thoroughly review these requirements and implement same; and
6.
Direct staff to provide the 2006-2010 Council with an
update on amendments to Bill 130 in order to enable Council, upon its
enactment, to determine its strategic priorities arising from same.
CARRIED
7. Nepean Woodlots – Land Exchange |
COMMITTEE RECOMMENDATIONS
That should Council wish to proceed with a land
exchange and cash settlement to acquire two woodlands in Chapman Mills,
designated Urban Natural Feature in the City’s Official Plan, it is recommended
that Council:
1.
Declare a parcel of
vacant land, consisting of approximately 17.358 ha (42.89 ac), having a value
of $7,076,850.00, described as being Part of Lot 13, Concession 2, geographic
Township of Nepean, now in the City of Ottawa, as shown on Annex “A” attached,
as surplus to the City's needs;
2.
Approve the
Acquisition of three parcels of vacant land, consisting of approximately 20.96
ha (51.8 ac), described as being Block 437, Plan 4M-1202 as shown on Annex “B”
attached, and part of Lots 14 and 15, Concession 2, geographic Township of
Nepean now in the City of Ottawa, as shown as Parcels A and B on Annex “C”
attached, having a combined value of $9,599,750.00 from South Nepean
Development Corporation, in exchange for the land detailed in Recommendation 1,
subject to final surveys and any easements that may be required, having a land
value of $7,076,850.00 plus the sum of
$2,522,900.00, being the difference in value between the lands exchanged
in the Agreement;
3.
Approve a transfer
in the amount of $2,397,600.00 from the Environmental Area Acquisition Reserve
fund, to internal order #902418, Area 5 Woodlot Purchase;
4.
Waive the Housing
First Policy approved by Council on 13 July 2005, which establishes that where
viable, residential properties are disposed of without a condition requiring an
affordable housing component, 25% of the proceeds from the sale are to be
credited to a housing fund to be used for the development of affordable housing
elsewhere in the City; and
5.
As part of the
Agreement with South Nepean Development Corporation, that the City shall either
i) convey to South Nepean Development Corporation for inclusion in a (future)
plan of subdivision, the proposed Longfields Drive abutting the City Lot to the
west, shown as Part 4 on a Draft Plan, at no cost to South Nepean Development
Corporation, as outlined on Annex “A”, ii) recommend that City Council pass a
by-law dedicating and accepting such parcel as a public highway, or iii)
execute the Plan of Subdivision dedicating the entire width of that section of
Longfields Drive, including Part 4 on the Draft Plan. In any of the above cases, the City also agrees that it shall not
charge a road-opening fee of any kind, with respect to this portion of the
proposed road.
CARRIED as amended by the following Motion:
Moved by Councillor J. Harder
Seconded by Councillor M. McRae
That the first paragraph be
replaced by the following:
“That Council approve a land exchange and cash
settlement to acquire two woodlands in Chapman Mills, designated Urban Natural
Feature in the City’s Official Plan and that Council:”
CARRIED
8. SALE OF LAND – 1890 WALKLEY ROAD – LOBLAW
PROPERTIES LIMITED |
COMMITTEE RECOMMENDATIONS
That Council:
1.
Declare a vacant
parcel of land shown on Annex “A” attached, containing approximately 377.3 m2, being part of Lot A,
Concession 4, R.F., geographic Township of Gloucester, in the City of Ottawa,
as surplus to the City ’s needs;
2.
Approve the sale of
the land described in Recommendation 1, to Loblaw Properties Limited, for
$70,700.00 plus GST, pursuant to an Agreement of Purchase and Sale that has
been received.
CARRIED as amended by the following Motion:
Moved by Councillor D. Deans
Seconded by Councillor P. Hume
BE IT RESOLVED that the following
additional recommendations be added to Corporate Services and Economic
Committee, Report 56, Item 8.
3.
Direct that the Site Plan approval for the adjacent
Loblaw development contain conditions:
(a)
reserving until 31 October 2011 the ability to the City
to acquire a 2.25 metre strip along the development’s Walkley frontage at the
lesser of market value at the time of acquisition by the City and the price per
square metre for the lands being acquired by Loblaw pursuant to this Report;
(b)
requiring that Loblaw
replace the Ottawa Business Park signage at the Walkley/Don Reid corner to the
satisfaction of the Deputy City Manager, Planning and Growth Management.
The signage shall:
(i)
be maintenance free;
(ii)
be as resistant to graffiti as is reasonably possible;
(iii)
not interfere with sight lines for traffic;
(iv)
easy to read by passing motorists; and
(v)
comparable in size and in current replacement value to
the existing signage.
CARRIED
9. DECLARATION OF SURPLUS INNES ROAD PROPERTIES |
COMMITTEE RECOMMENDATIONS
That Council:
1.
Declare the properties known municipally as 3372, 3394,
3402, 3422, 3432, 3442, 3452, 3381, 3646, 4530, 4554, 4564, 4818, 4824, 3983
and 4532 Innes Road and that part of the road allowance between
Concessions 9 and 10, geographic Township of Cumberland, designated as Parts 3
and 4, Plan 4R-13269, in the City of Ottawa and shown hatched on the attached
sketches indicated as Annex “A-1” to “A-17”, as surplus to the City’s needs;
2.
Authorize the sale of the properties identified in Recommendation 1,
pursuant to the City’s Disposal Policy.
CARRIED
10. SALE OF PROPERTY – 1532 STITTSVILLE MAIN STREET |
COMMITTEE RECOMMENDATIONS
That Council:
1.
Declare the
property known municipally as 1532 Stittsville Main Street, containing
approximately 281.8 m2 (3,033.36 sq. ft.), described as part of Lot
23, Concession 10, geographic Township of Goulbourn, City of Ottawa, being
Parts 1, 2, and 3, Plan 4R-21362 and shown hatched on Annex “A” attached, as
surplus to the City’s needs;
2.
Approve the sale of
the property detailed in Recommendation 1, subject to an existing easement to
Rogers Cable, described as Part 2, Plan 4R-21362 and an easement to the City of
Ottawa over Part 3, Plan 4R-21362, for the maintenance of the existing
sidewalk, to Robert Bentley, for the amount of $276,100.00 plus GST, pursuant
to an Agreement of Purchase and Sale that has been received.
CARRIED
11. LAND EXCHANGE, PART OF EARL ARMSTRONG ROAD
(Closed) |
That Council:
1.
Declare two parcels
of vacant land, shown hatched on the attached Annexes “B” and “C”, containing
areas of 0.49 ha and 0.58 ha respectively, being part of the Road Allowance
between Lots 20 and 21, Broken Front Concession (R.F.), geographic Township of
Gloucester, now in the City of Ottawa, subject to final survey, subject to the
road being stopped up and closed by By-Law, as surplus to the City ’s needs and
subject to the City retaining approximately 80 metres at the westerly end of
the road allowance shown on Annex “C” for public access to the river;
2. Approve the transfer
of the lands described in Recommendation 1 to Riverside South Development
Corporation, and Urbandale Realty Corporation Ltd., all hereinafter referred to
as “Urbandale”, subject to any easements that may be required, pursuant to an
Agreement of Purchase and Sale that has been received.
CARRIED
12. WASTE
SERVICES (CA) INC. LEACHATE PIPELINE FRANCHISE AGREEMENT and Leachate
Discharge Agreement |
That Council approve:
1.
The granting of a
License of Occupation to Waste Services (CA) Inc. permitting the construction,
operation and maintenance of a leachate forcemain from the Waste Services (CA)
Inc. Landfill Site located on Navan Road between Page Road and Mer Bleue Road
in form satisfactory to the City Solicitor and the Deputy City Manager Public
Works and Services.
2.
The
entering into a Leachate Agreement with Waste Services (CA) Inc to allow Waste
Services (CA) Inc. to dispose site leachate from the Navan Road Landfill into
the City’s sanitary sewer system in form satisfactory to the City Solicitor and
the Deputy City Manager Public Works and Services.
3. That the agreement with Waste
Services (CA) Inc. ensure that the information gathered in the monitoring and
reporting program to be submitted to the Deputy City Manager Public Works and
Services, specifically:
a) the quality and quantity of the
leachate and compliance with the City Sewer Use By-law; and
b) the on-line atmospheric monitoring
data and the chemical analysis data be made available to City Council and the
public through interim and annual reports.
CARRIED
13. 2005 AUDIT RECOMMENDATIONS - ACTION STATUS REPORT |
COMMITTEE RECOMMENDATIONS
That Council:
1. Approve
the changes with respect to implementation for the Procurement Audit
recommendation numbers 2, 3, 13, 17 and 19, and related May 2006 Council
Motions, as outlined in Document 1A;
2. Receive for information the action
status tracking and next steps as outlined in Documents 1B, and 2 to 9.
CARRIED
14. SPAY/NEUTER CLINIC UPDATE – September 14th MEETING Disposition |
That Council approve the following:
a)
Authority
be delegated to the Deputy City Manager of Community and Protective Services to
relocate the City of Ottawa Spay/Neuter Clinic to a suitable facility, with funding to an upset
limit of $450,000.00 to cover retrofit and moving costs.
b)
Staff
pursue sponsorship opportunities to help offset the capital expenditure
identified in a).
c) Staff report back to the Emergency and Protective Services Committee
and Council in early 2007 with a proposed Spay/Neuter Clinic fee schedule that
focuses on the overriding importance of an affordable service that will be
attractive to the public and enhance the reduction of unwanted pet population
and reducing the need for expanded pound services.
CARRIED as amended by the following Motion:
Moved by Councillor R. Chiarelli
Seconded by Councillor B. Monette
WHEREAS CSEDC is recommending
to City Council that funds be provided to relocate the Spay-Neuter Clinic;
AND WHEREAS By-Law No.
2002-522 requires amendments to the Budget be advertised 14 days in advance of
the Committee meeting;
AND WHEREAS the public notice
did not specify an amendment to the budget;
THEREFORE BE IT RESOLVED that
the provisions of By-Law No. 2002-522 be waived.
CARRIED
15.
CANCELLATION
OF PENALTY/INTEREST CHARGES – 159
MURRAY STREET – C/O CENTRE DE JOUR GUIGUES (CJG) |
COMMITTEE RECOMMENDATION
That Council approve the
cancellation of penalty/interest charges (totalling approximately $58,238.82)
for the property municipally known as 159 Murray Street which is owned by ‘Le
Centre de Jour Polyvalent des Aînés Francophones d’Ottawa-Carleton c/o Centre
de Jour Guigues (CJG)’.
CARRIED
16. MOTION REGARDING CENTRAL
CANADA EXHIBITION ASSOCIATION TICKET SURCHARGES |
COMMITTEE RECOMMENDATION
That Council approve:
WHEREAS at its meeting of June 11,
2003, City Council approved a rental rate of $350,000 to be paid by the Central
Canada Exhibition Association (CCEA) to Lansdowne Park;
AND WHEREAS at its meeting of July
13, 2005, City Council further reduced the rental payment by the CCEA to
Lansdowne Park to $250,000 for each of the years 2005 through 2007;
AND WHEREAS City Council approved
bridge financing to the Lansdowne Park operating budget in the amount of
$100,000 for each of the years 2005, 2006 and 2007 to off-set the rent
reduction for the CCEA;
AND WHEREAS the collection and
remittance of ticket surcharges by the CCEA to Lansdowne Park was not
specifically addressed by the recommendation approved by City Council, and
requires clarification;
AND WHEREAS the business plan and
budget for Lansdowne Park is developed on the basis of recovering the revenue
associated with the ticket surcharge to cover costs of operation;
BE IT RESOLVED that the bridge
financing to the Lansdowne Park operating budget be increased by a further
$25,000 for each of the years 2006 and 2007 to off-set the shortfall of ticket
surcharges by the CCEA and this bridging be funded as a one time item from the
City Wide Capital Reserve Fund.
CARRIED
CORPORATE SERVICES AND
ECONOMIC DEVELOPMENT COMMITTEE
REPORTS 56A (IN CAMERA)
1. APPOINTMENT TO THE
BUSINESS ADVISORY cOMMITTEE – in camera – Personal matters about
identifiable individualS REPORTING
OUT DATE: ONCE THE appointment HAS BEEN CONFIRMED BY CITY COUNCIL |
That Council approve
the appointment of Ms. Corinne Pohlmann (to expire 30 November 2008) as the
Canadian Federation of Independent Business representative on the Business
Advisory Committee.
CARRIED
PLANNING AND ENVIRONMENT
COMMITTEE REPORT 56
1. ZONING - 905 TAYLOR CREEK DRIVE |
Committee
recommendations
That Council
approve:
1. An amendment to the
former City of Cumberland Zoning By-law to change the zoning of 905 Taylor
Creek Drive from MS2 - Industrial Service to MS1 (XX) - Industrial Service
Exception as shown in Document 1 and as detailed in Document 2.
2. That the implementing
Zoning By-law proceed to City Council for approval after the decision of the
Ontario Municipal Board is issued with respect to the appeals of the Employment
Area policies in the Official Plan of the City of Ottawa and the policies are
in full force and effect.
CARRIED
2. ZONING - 4055 CARLING AVENUE |
Committee
recommendation
That Council approve an amendment to Zoning
By-law Number 132-93 of the former City of Kanata to amend the existing zone
for 4055 Carling Avenue to permit a "Veterinary Clinic" as shown in
Document 1 and detailed in Document 2.
CARRIED
3. apPEAL
- COMMITTEE OF ADJuSTMENT - 2170 MER BLEUE ROAd |
Committee
recommendation
That Council
approve the presence of staff from the Planning and Growth Management and
Corporate Services Departments at the Ontario Municipal Board Hearing regarding
an appeal of a Committee of Adjustment Minor Variance application for 2170 Mer
Bleue Road.
CARRIED
4. sIGN
BY-LAW MINOR VARIANCE - 585 TERMINAL AVENUe |
Committee
recommendations
That Council:
1. Refuse the Minor
Variance application to the Permanent Signs on Private Property By-law 2005-439
for 585 Terminal Avenue to allow for the installation of an illuminated off
premise identification ground sign, with an area of 34 square metres and an
overall height of 12 metres.
2. Approve a Minor
Variance to the By-law for 585 Terminal Avenue to allow for the installation of
a directional information ground sign, with an area of 24 square metres and
height of 9 metres.
CARRIED
5. SIGN
BY-LAW MINOR VARIANCE - 1308 BASELINE ROAD |
Committee
recommendation
That Council approve a requested Minor Variance to the Permanent Signs
on Private Property By-law 2005-439 to allow an increase in the maximum
permitted sign area and a decrease in the required spatial separation between
identification ground signs for the installation of a second illuminated ground
sign, including a changing message centre, with a sign face area of 8.1 square
metres located within 20 metres of an existing ground sign at 1308 Baseline
Road.
CARRIED
6. SIGN
MINOR VARIANCE - 760 EAGLESON ROAD |
Committee
recommendation as amended
That Council approve a Minor Variance to
Sign By-law 2005-439 to allow an increase in the maximum sign face area and
projection from the building face to 3.3 square metres and 1.2 square metres
respectively for three illuminated projection banner signs located on the north
elevation of the building located at 760 Eagleson Road, subject to the light
source being relocated to the top of the sign structure to be focused downward
toward the sign.
CARRIED
7. mINOR
VARIANCE TO SIGN BY-LAW 147-95 - 1000 PALLADIUM Drive |
Committee
recommendation
That Council approve a minor variance to
By-law 147-95, a by-law to regulate signs and advertising devices on
1000 Palladium Drive, to increase the ground sign maximum height
limitation from nine metres to 12.2 metres subject to the conditions set
out by the Ministry of Transportation detailed in Document 4.
CARRIED
PLANNING AND ENVIRONMENT COMMITTEE REPORT 56A
(IN CAMERA)
1. innes-emparrado
lands - woodlot - IN CAMERA - solicitor-client |
Committee
recommendations
That Council:
1) Approve that staff be
directed to bring forward reports to Planning and Environment Committee and
Corporate Services and Economic Development Committee with respect to the
re-designation of the lands outlined in cross-hatching from Employment Area to
Arterial Mainstreet on Document 1 and the acquisition through land exchange and
purchase by the City of the Innes Roads Wood;
2) That the reporting
out date be 30 days after the
resolution of the final appeal to the comprehensive official plan.
CARRIED
PLANNING AND ENVIRONMENT
COMMITTEE REPORT 57
1. APPLICATION TO
DEMOLISH 90 BUENA VISTA AND 375 MINTO PLACE AND APPLICATION FOR NEW CONSTRUCTION
IN THE ROCKCLIFFE PARK HERITAGE CONSERVATION DISTRICT AT 375 MINTO PLACE
That Council:
1. Approve the
demolition of 90 Buena Vista Road and 375 Minto Place, properties designated
under Part V of the Ontario Heritage Act and located in the Rockcliffe Park
Heritage Conservation District.
2. Approve the
construction of a new house at 375 Minto Place, a property designated under
Part V of the Ontario Heritage Act and located in the Rockcliffe Park Heritage
Conservation District, in accordance with the plans filed by Douglas Hardie,
Architect received on September 13, 2006.
CARRIED
2. ROCKCLIFFE REDEVELOPMENT COMMUNITY DESIGN PLAN - TERMS
OF REFERENCE (FORMER CFB ROCKCLIFFE BASE)
That Council approve the Terms of Reference for the
Rockcliffe Redevelopment Community Design Plan, as shown in Document 1.
CARRIED as amended by the following Motion:
Moved by Councillor J. Legendre
Seconded by Councillor M. Bellemare
WHEREAS employment is an essential
component of the Community Design Plan (CDP) for the Rockcliffe Redevelopment;
BE IT RESOLVED that the Terms
of Reference for the CDP be amended to include the following:
“That the CDP work program
include the creation of an advisory group responsible for providing advice and
guidance to the Canada Lands Corporation (CLC) to aid in identifying and
attracting employment. This group will
include representation from the City of Ottawa economic development staff.
CLC will
ensure that all relevant interim studies or draft plans necessary for this CDP
are completed and finalized for public review and comment prior to the CDP
being brought forward to Planning and Environment Committee and subsequently to
City Council."
CARRIED
TRANSPORTATION COMMITTEE
REPORT 42
1. Status
of Major Transportation Environmental Assessments (EAs) |
That
Council receive this report for information.
RECEIVED
Moved by Councillor J. Legendre
Seconded by Councillor E. El-Chantiry
THAT the work on the East-West Light Rail Transit Environmental
Assessment be halted pending confirmation or redirection of the Terms of
Reference by the newly elected Council upon receiving the comprehensive status
report in January.
CARRIED
2. WAIVER TO ENCROACHMENT BY-LAW AND USE OF CARE OF
ROADS BY-LAW FOR FENCE ON THE ROAD ALLOWANCE - 35 WALLER STREET |
That Council approve:
That Section 3(1) and
3(2) of the Encroachment By-law 2003-446, as amended, and Section 6 of
the Use and Care of Roads By-law 2003-498, as amended, be waived to
permit the erection of a fence within the Besserer Street road allowance,
outside of the leased portion at Besserer and Waller Streets, subject to the
following conditions:
1.
That
the property owner agrees to maintain the fence, at no cost to the City of
Ottawa;
2.
That,
before construction of the fence begins, proper plans be submitted for Site
Plan Approval and approved by the Deputy City Manager of Planning and Growth
Management Services or his delegate;
3.
That
the property owner agrees that this fence is subject to removal and the
reinstatement of the City of Ottawa’s road allowance within 30 days receipt of
a written notice to do so;
4.
That
the owner acknowledges and agrees to indemnify and save harmless the City of
Ottawa for all loss, damages, costs and expenses of every nature and kind
whatsoever arising from or in consequence of the wall within the Besserer
Street road allowance, whether such loss, damages, cost or expenses are
incurred by reason of negligence or without negligence on the part of, and
whether such loss, damages, costs or expenses are sustained by the City of
Ottawa or the owner of their several and respective employees, workers,
servants and agents, or any other person or persons, corporation or
corporations whatsoever;
5.
That
the owner acknowledges and agrees to be responsible and liable for any damage
caused to this fence within the Besserer Street road allowance howsoever it may
be caused by the City of Ottawa’s maintenance operations.
6.
That
the owner agree to enter into a Permanent Encroachment Agreement, with
associated annual fees, for the encroachment.
CARRIED
3. SALE
OF EXISTING TALENT O-TRAINS |
That Council approve:
That
any potential sale of the existing Talent Trains and related assets be put on
hold while the fate of the new LRT System is in question.
CARRIED
Motions
of Which Notice Has Been Given Previously
Moved by Councillor G. Brooks
Seconded by Councillor R. Bloess
WHEREAS Council requested the Auditor General
to conduct an audit of the Munster Force Main Project;
AND
WHEREAS the audit report was expected for the end of June 2006;
AND WHEREAS the Richmond Village Association is
requesting that the report be published before the municipal election;
THEREFORE BE IT RESOLVED that Council request
the Auditor General to provide an interim report on the Munster Force Main
Project audit before the 2006 municipal election.
WITHDRAWN
Moved by Councillor P. Hume
Seconded by Councillor M. McRae
WHEREAS the residents at 205
Cluny occupying a corner lot have, for ease of maintenance, landscaped the City
portion of the side yard;
AND WHEREAS during road and
sewer construction it was determined that this landscaping was not allowed due
to the Encroachment By-law;
AND WHEREAS the by-law offers
no relief for this type of situation;
THEREFORE BE IT RESOLVED that
the property at 205 Cluny be exempted from the prohibition of the Encroachment
By-law on the condition that the owner of the property enter into an agreement,
subject to the applicable fees, to be registered on title with the City of
Ottawa in which the owner/residents of 205 Cluny agree that this landscaped
area will not, at any time, be used for any sort of parking and should it be
determined that this area is being used for parking that this exemption will be
null and void.
CARRIED
Motions (Requiring Suspension of the Rules of
Procedure)
Moved by Councillor M. McRae
Seconded by Councillor D. Deans
That
the Rules of Procedure be suspended to consider and approve the
following Motion:
WHEREAS City Council on June 14, 2006 approved the
concept and location of the Ottawa Firefighters Memorial to be installed on the
grounds at City Hall, 110 Laurier Avenue;
AND WHEREAS the Ottawa
Firefighters Community Foundation Inc. wishes to complete the project in late
spring/early summer of 2007 for the Memorial Ceremony of Fallen Fighters in the
Line of Duty;
BE IT THEREFORE RESOLVED that
Council waive the provisions of By-Law No. 2002 - 522, being a by-law of the
City of Ottawa respecting public notice pursuant to the Municipal Act, 2001;
AND BE IT FURTHER RESOLVED that in order to commence
construction, City Council approve an interest-free loan of up to $550,000 to
the Ottawa Firefighters Community Foundation Inc., a non profit organization
with the following conditions:
·
That the loan be paid back over four years;
·
Demonstration of a viable business/fund-raising
plan.
CARRIED
Moved by Councillor J. Harder
Seconded by Councillor P. Feltmate
That
the Rules of Procedure be suspended to consider and approve the
following Motion:
WHEREAS Imperial Oil has approached the City for
permission to erect lighting on the City’s road allowance at 2162 Price of
Wales Drive adjacent to Hunt Club Road;
AND WHEREAS Imperial Oil has
provided City staff with a lighting study report as evidence that the current
illumination for the access and egress adjacent to Hunt Club Road is not in
accordance with accepted standards for gasoline service centres;
AND WHEREAS the current dark
zones are a safety issue for Imperial Oil customers accessing and exiting the
service centre;
AND WHEREAS the lighting study
report indicates that the illumination is to be supplied at the sidewalk area
and near the property line in order to effectively illuminate the access and
egress area and not cause a glare to oncoming traffic;
AND WHEREAS there are
approximately 33 metres of City road allowance at 2162 Prince of Wales Drive
adjacent to Hunt Club Road and therefore, illumination cannot be provided on
private property;
AND WHEREAS Section 3(2) of
By-law 2003-446 provides that, “despite section (1) no person shall erect a
permanent surface encroachment”;
AND WHEREAS Imperial Oil has
agreed to absorb the cost of erecting sufficient illumination on City property
and to enter into an Encroachment Agreement with associated annual fees;
AND WHEREAS a technical report
was circulated to City staff for comment and no objections were received;
BE IT THEREFORE RESOLVED that
Section 3(2) of By-law 2003-446 be waived to permit the construction of two
light fixtures within the City’s road allowance, a minimum of five metres from
the traveled portion of the road allowance along the Hunt Club Road frontage of
2162 Prince of Wales Drive, subject to the following conditions:
1. That the maximum
wattage used for the fixtures is 400 watts and that the fixtures must be full
cut-off flat glass units;
2
That the property owner enters
into a permanent encroachment agreement with the City of Ottawa for the
encroachment;
3 That the property owner
agrees to maintain the light fixtures in accordance with all applicable
Municipal Standards;
4. That the owner acknowledges and agrees to indemnify and save
harmless the City of Ottawa for all loss, damages, costs and expenses of every
nature and kind whatsoever arising from or in consequence of the lighting
fixtures within the Hunt Club Road road allowance, whether such loss, damages,
cost or expenses are incurred by reason of negligence or without negligence on
the part of, and whether such loss, damages, costs or expenses are sustained by
the City of Ottawa or the owner or their several and respective employees,
workers, servants and agents, or any other person or persons, corporation or
corporations whatsoever;
5. That the owner
acknowledges and agrees to be responsible and liable for any damage caused to
this light fixture howsoever it may be caused by the City of Ottawa’s
maintenance operations.
CARRIED
Moved by Councillor R. Jellett
Seconded by Councillor B. Monette
That
the Rules of Procedure be suspended to consider and approve the
following Motion:
WHEREAS
a petition has been received, signed by 141 residents, requesting that
ceiling fans and tempered mirror glass be installed in the Multi-Purpose Room
in the Ray Friel Recreation Complex;
BE IT
RESOLVED that Council receive the petition and refer it to the next meeting of
the Health, Recreation and Social Services Committee for consideration and
direction to staff.
REFERRAL CARRIED
Moved by Councillor J. Harder
Seconded by Councillor E. El-Chantiry
That
the Rules of Procedure be suspended to consider and approve the
following Motion:
WHEREAS Legion Branches conduct annual Remembrance Day
ceremonies to honour the sacrifices made by citizens of Ottawa who served in
the Canadian Armed Forces during the World Wars;
AND WHEREAS it is important to maintain this tradition
and recognize the sacrifices made to defend the liberties we enjoy today;
AND WHEREAS the Legion Branches incur incidental
expenses for bleachers, seating for VIPs, PA systems, Police services for
traffic control etc., which, prior to amalgamation were supported by
predecessor municipalities;
AND WHEREAS these incidental expenses are estimated at
$1,000 or less per Legion Branch;
BE IT THEREFORE RESOLVED that the City of Ottawa
establish a Remembrance Day fund, to reimburse the following Legion Branches
for incidental expenses incurred, to a maximum of $1,000 each based on
submitted receipts, to conduct Remembrance Day ceremonies on behalf of the City
of Ottawa and its citizens:
Greely Branch Westboro
Branch
Kanata Branch Eastview
Branch
West Carleton Branch Orleans Branch
Manotick Branch Barrhaven Branch
Stittsville Branch Bells Corners
Branch
Richmond Branch Montgomery Branch
Strathcona
Branch Osgoode
Branch
CARRIED
Moved by Councillor J. Stavinga
Seconded by Councillor C. Doucet
That the Rules of Procedure
be suspended to consider and approve the following Motion:
WHEREAS at its meeting of July
11 and 12, 2006, Council approved a process for the managed competition of the
Para Transpo Accessible Public Transportation Services competitive process;
AND WHEREAS the approved process
includes the creation of an in-house bid process and an In-House Bid Team, to
allow the opportunity for the City to bid in this competitive process;
AND WHEREAS in order to ensure
a fair and transparent competitive process, the competitive process is guided
by the City’s “Guidelines for the In-House Bid Process”;
AND WHEREAS Council approved
that the Director, Transit Services is the Project Authority for the In-House
Bid Team and would be authorized to submit the bid on behalf of the Team;
AND WHEREAS due to the special circumstances created
by the departure of the Director, Transit Services, the Acting Director of
Transit Services cannot assume the role of Project Authority and bid submitter
for the In-House Team because she has previously been involved on the corporate
side of this competitive process and will continue to be so involved;
AND WHEREAS given that the
closing of the competitive process is November 9, 2006, the Deputy City Manager
of Public Works and Services, through his delegated authority pursuant to
Section 5 of the Delegation of Authority By-Law (2005-503) and after
consultation with the Fairness Commissioner, has appointed the Acting Deputy
City Manger of Planning and Growth Management, John Moser, as Project Authority
for the In-House Bid Team and has further authorized him to submit the bid on
behalf of the Team,
THEREFORE BE IT
RESOLVED that Council endorse the decision of the Deputy City Manager, Public
Works and Services, to appoint the Acting Deputy City Manager, Planning and
Growth Management, John Moser, as the Project Authority for the In-House Bid
Team, as well as the person authorized to submit the bid on behalf of the Team.
CARRIED
Moved by Councillor R. Bloess
Seconded by Councillor R. Jellett
That the Rules of Procedure be suspended
to consider and
approve the
following Motion:
WHEREAS on September 7, 2006,
the City Clerk submitted a letter to the Honourable Laurel Broten, Minister of
the Environment, outlining City Council’s more than 50 recommendations and
comments, approved at its meeting held on August 23, 2006, with respect to the
Environmental Assessment (EA) Terms of Reference (ToR) released by Waste
Services (CA) Inc. (WSI) for the Navan Road Landfill;
AND WHEREAS on October 16, 2006,
the Minister of the Environment responded to the City
Clerk’s letter dated September 7, 2006, indicating that the Ministry had
completed its review and that the Minister had approved the Terms of Reference
(ToR) for the preparation of an EA;
AND WHEREAS, in response to the City’s more than 50 recommendations
and comments, the Minister of the Environment requested the two following
amendments:
1)
that the EA contain a
description of the effects on the Mer Bleue Bog; and
2)
that the Aboriginal communities
that may be affected by or have an interest in the Navan Landfill Expansion EA
will be provided with sufficient opportunity to participate in the development
of the EA.
AND
WHEREAS the Minister of the Environment provided no further comment regarding
the more than 50 City Council endorsed recommendations and comments;
BE IT
THEREFORE RESOLVED that City Council direct the City Clerk to submit a letter
to the Minister of Environment requesting her reasoning for not including
and/or considering City Council’s more than 50 recommendations and comments with respect to the Environmental Assessment (EA) Terms of Reference
(ToR) released by Waste Services (CA) Inc. (WSI) for the Navan Road Landfill;
AND BE IT
FURTHER RESOLVED that this Motion be circulated to Mr. Phil McNeely, Mr. Jim
Watson and Ms. Madeleine Meilleur, and the Premier of Ontario and that it be
noted that the City of Ottawa is requesting a review of the Minister’s decision
and lack of consideration for its comments, recommendations and concerns;
AND BE IT FURTHER
RESOLVED that the City Solicitor review the various legal options that
may be available to the City of Ottawa at this point in the proceedings with
respect to the proposal to expand the Navan Landfill and report to Council on
November 22, 2006.
CARRIED
Moved by Councillor S. Little
Seconded by Councillor D. Thompson
That the Rules of Procedure be suspended to
consider and approve the following Motion:
WHEREAS The future Canadian
Tire site to be located at 1650-1666 Carling Avenue will have approximately 351
parking spaces to be served by one access on the Carling Avenue frontage and
two accesses on the Clyde Avenue frontage;
AND WHEREAS the northernmost
access on the Clyde Avenue frontage is 60 metres south of the Carling Avenue
street line and, the southernmost access on the Clyde avenue frontage is
approximately 60 metres south of the northernmost access;
AND WHEREAS Provision 25 (l)
of the Private Approach By-law requires that where a commercial private
approach serving a retail business or shopping centre with greater than 300
parking spaces is located within 45 metres of an arterial or major collector
road, the private approach must be separated from the nearest intersecting
street line by a minimum of 75 metres and the distance between a two-way
private approach and any other on-site private approach shall also be a minimum
of 75 metres;
AND WHEREAS the Site Plan and
Traffic Impact Study were circulated to City staff though the site plan control
process (D01-12-05-0286) and the Traffic and Parking Operation’s Design Review
and Implementation Unit agreed with the location and functional details of the
proposed configuration of the site’s accesses;
AND WHEREAS the northernmost
access on the Clyde Avenue frontage will operate as a right-in/ right-out
access prohibiting left turns and the operational changes to Clyde and Carling
Avenues will be subject to approval under the delegated authority of the
Director of Traffic and Parking Operations;
AND WHEREAS the Traffic Impact
Study has confirmed that the northernmost access on the Clyde Avenue frontage
will carry the lowest volume of site-generated traffic;
AND WHEREAS the
southernmost access on the Clyde Avenue frontage will align with Doheny Street
at a four-way intersection approximately 110 metres south of the Carling
Avenue/ Clyde Avenue intersection and will be the only site driveway to
accommodate all movements and as such, will be the site’s primary access/egress
point;
AND WHEREAS Delcan Corporation
on behalf of Canadian Tire Real Estate Limited have submitted a supplementary
technical bulletin as evidence that based on the layout of the subject site,
the proposed configuration of the accesses is optimal in balancing site plan
principles/objectives;
BE IT THEREFORE RESOLVED that Section
25(l) of the By-law 2003-447 be waived to permit the construction of i) a
private approach on the Clyde Avenue frontage located within 75 metres of the
nearest intersecting street line and ii) a private approach on the Clyde Avenue
frontage located within 75 metres of the nearest on-site private approach,
subject to the conditions/requirements of the Delegated Authority Report.
CARRIED
Moved by Councillor R. Jellett
Seconded by Councillor R. Bloess
That the Rules
of Procedure be suspended to consider and approve the following Motion:
WHEREAS at
the August 22, 2006 meeting of Planning and Environment Committee, Mr. Ken
Brothers stated that if Waste Services Inc. (WSI) did not include the 50 plus
recommendations of City staff in the Terms of Reference (ToR) for the expansion
of the Navan Road Landfill, WSI’s proposal would not be considered
“environmentally sound” under Section 15 of the Settlement Agreement;
AND WHEREAS
the Minister of the Environment did not include any of the City of Ottawa’s
recommendations into the ToR it approved;
AND WHEREAS
WSI has submitted a report to City of Ottawa legal staff responding to the City
of Ottawa’s comments on the ToR, which has to date not been circulated to City
Council;
AND WHEREAS
to date WSI has not included the City of Ottawa’s recommendations in a revised
ToR;
THEREFORE
BE IT RESOLVED that the approved ToR, as they currently stand, are not
“environmentally sound” within the meaning of Section 15 of the Settlement
Agreement and such opinion should be communicated to appropriate government
officials and WSI;
AND BE IT
FURTHER RESOLVED that City staff circulate WSI’s report to City Council
forthwith.
CARRIED
Notices of Motion (For Consideration at Subsequent
Meeting)
Moved by Councillor C. Doucet
Seconded by Councillor J. Harder
WHEREAS the Federal Government
has approved 200 million dollars in shared cost financing for the LRT Project;
AND WHEREAS the Federal
Government is not a signatory to the contract between the Siemens Partnership
and the City of Ottawa;
AND WHEREAS this contract
contains proprietary information subject to confidentiality agreements between
the signatories;
AND WHEREAS the President of
the Treasury Board, John Baird, unilaterally and without consultation with any
of the signatories released part of this contract to the media;
THEREFORE BE IT RESOLVED that
the City of Ottawa request that the Auditor General of Canada initiate an
investigation into the legality of this unilateral action by Mr. John Baird.
Moved by Councillor R. Bloess
Seconded by Councillor R. Jellett
WHEREAS
City Council passed a Motion at its meeting on August 23, 2006 to:
·
Approve that the City adopt the Environmental
Advisory Committee (EAC) recommendation to initiate an expedited review of its
current waste management strategy, which would create a comprehensive
Industrial, Commercial and Institutional (IC&I) sector waste plan that
would consolidate, update and improve the Integrated Waste Management Master
Plan (IWMMP). This comprehensive waste
plan for the IC&I sector would: create a blueprint for waste management in
Ottawa; address opportunities to increase diversion in relation to IC&I
waste (70% of Ottawa’s waste); explore how alternative technologies could be
employed (building on the review that the City of Ottawa will be conducting on
alternative technologies); and assess the need for expansion of the Carp and
Navan Road Landfills;
·
Approve that this IC&I sector review be done as
expeditiously as possible and address the need for landfill expansions in light
of an analysis of “alternatives to” landfill expansions, and that in any case
the IC&I sector review not take longer than 1 year, and that effective,
meaningful public consultation be undertaken in keeping with the spirit on the Environmental
Assessment Act.
AND WHEREAS
Mr. Richard Hewitt has indicated, in response to questions posed by Councillor
Jellett on September 27, 2006, that City staff have begun the review of ICI
sector waste management. Terms of
reference (ToR) were issued, proposals reviewed, consultants interviewed, and a
consultant team retained to review ICI waste management in the City and prepare
an ICI Waste Management Strategy (MacViro Consultants Inc. was selected in
partnership with Jacques Whitford Ltd. and Kelleher Environmental);
AND WHEREAS
this process has occurred behind closed doors without any public consultation
or without any input from City Council;
WHEREAS as it
is imperative that the IC& waste review and master plan be conducted in an
open and transparent manner and provide an opportunity to have the options
presented and properly tested;
THEREFORE BE
IT RESOLVED that City Staff be ordered to prepare draft ToR for approval by
City Council and to present these ToR at the next City Council meeting. At a minimum, the ToR should:
1)
Ensure an open and transparent process that involves
the public at each stage of the process;
2)
Include, as part of the review and Master plan: a characterization of the IC&I waste
stream, diversion options and mechanisms to get to 60% diversion and beyond;
the implementation of alternative technologies, source separation and recycling
to reach diversion goals, and the need landfill capacity in light of diversion.
AND BE IT FURTHER RESOLVED that the ToR be made available to the public
for public comment for at least 45 days.
City Staff must be directed to take the public’s comments into
account. Ultimate approval of the ToR
will rest with City Council;
AND BE IT
FURTHER RESOLVED that City staff prepare, for the next council meeting, a
detailed budget for the IC&I review and Master Plan, that ensures that the
review and plan be conducted in a cost effective manner, and that City staff
include time lines for key deliverables;
BE IT FURTHER
RESOLVED that City Council approve the appointment of an independent person who
will have the ability to: ensure that the options are properly assessed and
tested; the public is properly engaged including participant funding and expert
advice is appropriately obtained to conduct the review and approve the hiring
of any necessary consultants and the associated budget for this expert advice.
By-laws Three
Readings
2006-407
A
by-law of the City of Ottawa to authorize the borrowing of monies to meet the
current expenditures of the City of Ottawa in 2007 until the taxes are
collected and other revenues are received.
2006-408 A by-law of the City of Ottawa to designate certain lands on Grey Seal Circle and Bookton Place, as being exempt from Part Lot Control.
2006-409
A by-law of the City of Ottawa to designate 100-140
Central Park Drive, as being exempt from Part Lot Control.
2006-410
A by-law of the City of Ottawa to designate 15A-15
Upminster Way and 96 Upney Drive, as being exempt from Part Lot Control.
2006-411
A
by-law of the City of Ottawa to dedicate and lay out certain land as common and
public highway (Wilbert Cox Drive).
2006-412
A
by-law of the City of Ottawa to dedicate and lay out certain land as common and
public highway (Strandherd Drive).
2006-413
A
by-law of the City of Ottawa to dedicate and lay out certain land as common and
public highway (Frances Colbert Drive and Jensen Court).
2006-414
A by-law of the City of Ottawa to stop up and close
Part of the untravelled Road Allowance between Lots 5 and 6, Concession 2,
Geographic Township of March and the Forced Road running across Part of Lots 5
and 6, Concession 2, Geographic Township of March that is adjacent to the Road
Allowance between Concessions 1 and 2.
2006-415
A by-law of the City of Ottawa to amend By-law Number 132-93
of the former City of Kanata to change the zoning for the property known
municipally as 4055 Carling Avenue.
2006-416 A by-law of the City of Ottawa to amend By-law Number 93-98 of the former City of Ottawa to change the zoning for the properties known municipally as 606, 610 and 614 Donald Street and 1006 and 1008 St. Laurent Boulevard.
2006-417 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 905 Taylor Creek Drive.
2006-418
A by-law of the City of Ottawa to designate portions of
Lorne Avenue and Primrose Avenue as a heritage conservation district.
2006-419 A by-law of the City of Ottawa to designate 19 Melrose Avenue to be of cultural heritage value or interest.
2006-420 A by-law of the City of Ottawa to designate 2720 Richmond Road East to be of cultural heritage value or interest as a heritage conservation district.
2006-421
A
by-law of the City of Ottawa to amend By-law No. 2006-273 to appoint Municipal
Law Enforcement Officers with respect to parking infractions on City Streets
and City Property.
2006-422
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.
2006-423
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 Planning and Growth Management.
2006-424
A
by-law of the City of Ottawa amending By-law No. 2006-300 respecting Solid
Waste Management.
CARRIED