OTTAWA CITY COUNCIL

25 October 2006

ANDREW S. HAYDON HALL

1:00 p.m.

 

MINUTES 66

 

 

The Council of the City of Ottawa met at Andrew S. Haydon Hall, 110 Laurier Avenue West, Ottawa, on 25 October 2006 at 1:00 p.m.

 

The Mayor, Bob Chiarelli, presided and led Council in prayer.

 

The National Anthem was performed by Kelsey Doyle.

 

 

Announcements/Ceremonial Activities

 

RECOGNITION - EVERY CHILD IS SACRED DAY

 

Mayor Chiarelli declared Monday, November 20th, 2006 as ‘Every Child is Sacred Day’ in Ottawa.  The Mayor presented a framed proclamation to Ms. June Girvan and Mr. David Newing.

 

 

RECOGNITION - KIM HUNTON

 

Mayor Chiarelli presented a special commendation to Kim Hunton, Account Manager, Risk Management, in recognition of her receiving the Donald M. Stuart Award by the Risk and Insurance Management Society. 

 

 

Roll Call

 

ALL MEMBERS WERE PRESENT.

 

 


Confirmation of Minutes

 

The Minutes of the regular meeting of 11 October 2006 were confirmed.

 

 

Declarations of Pecuniary Interest Including those Originally Arising from Prior Meetings

 

See specific Agenda Item for declaration (Corporate Services and Economic Development Committee Report 56, Item 16).

 

 

Communications

 

The following Communications were received:

 

·                     AMO Alerts:

 

·                     Ministry of Health and Long Term Care Tables New Long Term Care Legislation

·                     Your support for the AMO position on the Roll Out of the Deposit Return

·                     Bill 43, The Clean Water Act Receives Third Reading

·                     Passage of Access to Justice Act May Help Solve Lack of Justices of the Peace (JPs)

 

 

Regrets

 

No regrets were filed.

 

 

Motion to Introduce Reports

 
MOTION NO. 67/1

 

Moved by Councillor R. Chiarelli

Seconded by Councillor R. Bloess

 

That Agriculture and Rural Affairs Committee Report 30, Corporate Services and Economic Development Committee Reports 56 and 56A (In Camera), Planning and Environment Committee Reports 56 and 56A (In Camera), and Transportation Committee Report 42 be received and considered;

 


And that the Rules of Procedure be suspended to receive and consider Planning and Environment Committee Report 57.

 

                                                                                                            CARRIED

 

 

AGRICULTURE AND RURAL AFFAIRS COMMITTEE REPORT 30

 




 

1.             OFFICIAL PLAN AMENDMENT, ZONING BY-LAW AMENDMENT AND PLAN OF SUBDIVISION - 7268 PARKWAY ROAD

 

 

COMMITTEE RECOMMENDATIONS AS AMENDED

 

1.         That Council direct the City Solicitor to:

 

            a)         Execute Minutes of Settlement allowing that part of Appeal 60 against the City of Ottawa Official Plan, 2003 (OMB Case No. PL031324) to expand the boundary of the Village of Greely to encompass the lands described as 7268 Parkway Road, Ottawa, and to request an order of the Ontario Municipal Board to give effect to the Minutes of Settlement;

 

            b)         Execute Minutes of Settlement allowing the appeal of the applicant (OMB File No. O060161) against the failure of Council to approve a requested Official Plan Amendment designating the lands described as 7268 Parkway Road, Ottawa, as Village, and to request an order of the Ontario Municipal Board to give effect to the Minutes of Settlement, amending the designation; and

 

            c)         Execute Minutes of Settlement allowing the appeal of the applicant (OMB File No. Z060077) against the failure of Council to approve a requested by-law to re-zone the lands described as 7268 Parkway Road, Ottawa, to implement the plan of subdivision proposed by the applicant, and to request an order of the Ontario Municipal Board to give effect to the Minutes of Settlement, rezoning the land;

 

2.         That, upon the approval by Council of the three recommendations (a, b and c above), the City Solicitor be directed to execute Minutes of Settlement allowing the appeal of the applicant (OMB File No. S060073) against the failure of Council to approve an application for approval of a plan of subdivision for the lands described as 7268 Parkway Road, Ottawa, and to request an order of the Ontario Municipal Board to give effect to the Minutes of Settlement, granting draft plan approval to the subdivision and establishing the conditions to final approval; and

3.         That, upon the receipt of the orders of the Ontario Municipal Board, the Planning and Growth Management Department be directed to amend the Community Development Plan for the Village of Greely to reflect the said decisions of the Ontario Municipal Board.

 

LOST on a division of 7 YEAS to 14 NAYS as follows:

 

Yeas (7):          Councillors S. Little, E. El-Chantiry, B. Monette, D. Thompson, R. Bloess,

                        R. Chiarelli and G. Brooks.

 

Nays (14):        Councillors J. Harder, R. Jellett, J. Stavinga, M. McRae, C. Doucet, P. Feltmate, J. Legendre, G. Bédard, M. Bellemare, P. Hume, G. Hunter, D. Holmes, A. Cullen and D. Deans.

 

MOTION NO. 67/2

 

Moved by Councillor P. Feltmate

Seconded by Councillor D. Deans

 

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 on a division of 18 YEAS to 3 NAYS as follows:

 

Yeas (18):       Councillors S. Little, J. Harder, R. Jellett, J. Stavinga, B. Monette,

M. McRae, C. Doucet, P. Feltmate, J. Legendre, G. Bédard, M. Bellemare,

P. Hume, R. Bloess, G. Hunter, D. Holmes, R. Chiarelli, A. Cullen and

D. Deans.

 

Nays (3):         Councillors E. El-Chantiry, D. Thompson and G. Brooks.

 

 

CORPORATE SERVICES AND ECONOMIC DEVELOPMENT COMMITTEE REPORT 56

 

 

1.             The Creation of a biodiversity task force

 

 

COMMITTEE RECOMMENDATIONS AS AMENDED

 

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 with Councillor J. Harder dissenting.

 

 

 

2.             CREATION OF AN OFFICE OF THE OMBUDSPERSON

 

 

COMMITTEE RECOMMENDATION AS AMENDED

 

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 with Councillors J. Harder, G. Hunter and P. Hume dissenting.

 


 

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 with Councillor J. Harder dissenting.

 

 

 

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.

 

MOTION NO. 67/3

 

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

 

Item 7 of Corporate Services and Economic Development Committee 56 was then put to Council and CARRIED as amended by Motion No. 67/3.

 

 

 

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.

 


MOTION NO. 67/4

 

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

 

Item 8 of Corporate Services and Economic Development Committee 56 was then put to Council and CARRIED as amended by Motion No. 67/4.

 

 

 

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)

 

 

COMMITTEE RECOMMENDATIONS AS AMENDED

 

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

 

 

COMMITTEE RECOMMENDATIONS AS AMENDED

 

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.

 

MOTION NO. 67/5

 

Moved by Councillor A. Cullen

Seconded by Councillor P. Feltmate

 

WHEREAS the sewage treatment process at the City of Ottawa’s R.O. Pickard Centre is based on an anaerobic (bacterial) process;

 

AND WHEREAS leachate from landfill sites contain chemicals and heavy metals that are not treated by this process, but pass through the process and returned to the environment as either discharge to the Ottawa River or in biosolids that are spread on agricultural land;

 

AND WHEREAS the City of Ottawa has directed that its own leachate from its own landfill site not be sent to the R.O. Pickard Centre, but be treated at a special-purpose leachate treatment facility;

 

THEREFORE with respect to the report to Council Waste Services (CA) Inc. Leachate Pipeline Franchise Agreement and Leachate Discharge Agreement (Corporate Services and Economic Development Committee Report 56, Item 12), Council not approve Recommendations 1 and 2, which would enable Waste Management (CA) Inc. to connect a pipe to the City’s sewer system to discharge their leachate;

 

AND that the current practice of trucking leachate from the Navan Road Landfill Site be extended up to one year in order to permit Waste Services (CA) Inc. to develop an alternative treatment process to deal with its leachate.

 

LOST on a division of 8 YEAS to 11 NAYS as follows:

 

Yeas (8):          Councillors E. El-Chantiry, J. Stavinga, C. Doucet, P. Feltmate, D. Holmes,

                        A. Cullen, D. Deans and G. Brooks.

 

Nays (11):        Councillors J. Harder, R. Jellett, B. Monette, J. Legendre, D. Thompson,

                        G. Bédard, M. Bellemare, P. Hume, R. Bloess, G. Hunter, and Mayor Chiarelli.

 

Item 12 of Corporate Services and Economic Development Committee Report 56 was then put to Council and CARRIED with Councillors P. Feltmate, D. Deans, D. Holmes and C. Doucet dissenting and Councillors J. Stavinga and A. Cullen dissenting on Recommendations 1 and 2.

 

 


 

 

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

 

 

EMERGENCY AND PROTECTIVE SERVICES COMMITTEE RECOMMENDATIONS AS AMENDED AND CORPORATE SERVICES AND ECONOMIC DEVELOPMENT COMMITTEE RECOMMENDATION (RECOMMENDATION A ONLY)

 

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.

 


MOTION NO. 67/6

 

Moved by Councillor R. Chiarelli

Seconded by Councillor B. Monette

 

WHEREAS Corporate Services and Economic Development Committee 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

 

Item 14 of Corporate Services and Economic Development Committee 56 was then put to Council and CARRIED as amended by Motion No. 67/6 with Councillor Legendre dissenting.

 

 

 

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.

 

DECLARATION OF INTEREST

 

Councillor B. Monette declared a potential, indirect pecuniary interest, on Item 16 of Corporate Services and Economic Development Committee Report 56, as he is a private individual sitting on the Board of Directors of the Central Canada Exhibition Association.

 

Councillor B. Monette did not take part in the discussion or vote on this Item.

 

Item 16 of Corporate Services and Economic Development Committee Report 56 was then put to Council and CARRIED.


CORPORATE SERVICES AND ECONOMIC DEVELOPMENT COMMITTEE REPORT 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

 

 

COMMITTEE RECOMMENDATION

 

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 on a division of 12 YEAS to 9 NAYS as follows:

 

Yeas (12):       Councillors S. Little, J. Stavinga, C. Doucet, P. Feltmate, J. Legendre,

                        G. Bédard, P. Hume, G. Hunter, D. Holmes, A. Cullen, D. Deans and

                        G. Brooks.

 

Nays (9):         Councillors J. Harder, R. Jellett, E. El-Chantiry, B. Monette, M. McRae,

                        D. Thompson, R. Bloess, R. Chiarelli, and Mayor Chiarelli.

 

 

 

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
privilege - REPORTING OUT DATE: 
30 days after the resolution of the final appeal to the comprehensive official plan

 

 

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

 

 

COMMITTEE RECOMMENDATION

 

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)

 

 

COMMITTEE RECOMMENDATION

 

That Council approve the Terms of Reference for the Rockcliffe Redevelopment Community Design Plan, as shown in Document 1.

 

MOTION NO. 67/7

 

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 with Councillor R. Jellett dissenting.

 

Item 2 of Planning and Environment Committee Report 57 was then put to Council and CARRIED as amended by Motion No. 67/7 with Councillor R. Jellett dissenting.

 

 

TRANSPORTATION COMMITTEE REPORT 42

 

    

1.             Status of Major Transportation Environmental Assessments (EAs)

 

 

COMMITTEE RECOMMENDATION

 

That Council receive this report for information.

 

                                                                                                            RECEIVED

 

MOTION NO. 67/8

 

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 with Councillors D. Deans and P. Hume dissenting.

 


 

    

2.          WAIVER TO ENCROACHMENT BY-LAW AND USE OF CARE OF ROADS BY-LAW FOR FENCE ON THE ROAD ALLOWANCE - 35 WALLER STREET

 

 

COMMITTEE RECOMMENDATIONS

 

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

 

 

COMMITTEE RECOMMENDATION

 

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

 

 

Motion to Adopt Reports

 

MOTION NO. 67/9

 

Moved by Councillor R. Chiarelli

Seconded by Councillor R. Bloess

 

That Agriculture and Rural Affairs Committee Report 30, Corporate Services and Economic Development Committee Reports 56 and 56A (In Camera), Planning and Environment Committee Reports 56, 56A (In Camera) and 57, and Transportation Committee Report 42 be received and adopted as amended.

 

                                                                                                            CARRIED

 

 

Motions of Which Notice Has Been Given Previously

 

MOTION NO. 67/10

 

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

 

MOTION NO. 67/11

 

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)

 

MOTION NO. 67/12

 

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

 

MOTION NO. 67/13

 

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

 

MOTION NO. 67/14

 

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.

 

                                                                                                            CARRIED

 

MOTION NO. 67/15

 

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

 

 


MOTION NO. 67/16

 

Moved by Councillor C. Doucet

Seconded by Councillor J. Harder

 

That the Rules of Procedure be suspended to consider the following Motion:

 

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.

 

Pursuant to Subsection 1 (2) of Procedure By-law 2005-431, Suspension of the Rules of Procedure LOST on a division of 10 YEAS to 11 NAYS as follows:

 

Yeas (10):        Councillors J. Harder, R. Jellett, E. El-Chantiry, M. McRae, C. Doucet,

                        D. Thompson, R. Bloess, D. Holmes, D. Deans and Mayor Chiarelli.

 

Nays (11):        Councillors S. Little, J. Stavinga, P. Feltmate, J. Legendre, G. Bédard,

                        M. Bellemare, P. Hume, G. Hunter, R. Chiarelli, A. Cullen and G. Brooks.

 

(See also Notices of Motion, page 35)

 

MOTION NO. 67/17

 

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

 

MOTION NO. 67/18

 

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, Ms. Madeleine Meilleur, all other MPPs 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

 


MOTION NO. 67/19

 

Moved by Councillor D. Deans

Seconded by Councillor S. Little

 

That the Rules of Procedure be suspended to consider the following Motion:

 

AND WHEREAS the Ministry of Transportation of Ontario issues Veteran Licence Plates to eligible veterans, and such licence plates bear a veteran’s graphic on them, namely a poppy;

 

AND WHEREAS the above-noted Veteran’s Licence Plates are available to any person who has honourably;

 

A)        Served in WWI, WWII or in Korea during the Korean War:

- As a member of the Canadian Forces; or

- As a member of an allied force, or

- In the Merchant Navy or Ferry Command.

 

B)        Served for a minimum of three years (paid duty) in the Canadian Forces (may still be serving).

 

C)        Served in NATO operations or as a member of a United Nations peacekeeping force:

- As a member of the Canadian Forces; or

- As a member of the Royal Canadian Mounted Police; or

- As a member of another Canadian police force; or

 - As a member of an allied force.

 

AND WHEREAS the Council of the City of Ottawa wishes to recognize the contributions and sacrifice of Veterans by allowing them to park for free at parking meters, other than tour bus meters, on City streets, and wishes to send a strong message that the citizens of Ottawa are grateful for the individual sacrifices that Veterans have made and remind them that “we will not forget”;

 

BE IT RESOLVED that the Rules of Procedure be suspended to consider and approve the following Motion; and,

 

BE IT RESOLVED that the following policy commence on November 11th, 2006 until December 31, 2007:

 

1.                        Staff be directed to not take any enforcement action for vehicles bearing a Veteran’s Licence Plate, duly issued by the Ministry of Transportation of Ontario, with respect to the following sections of By-Law 2003-530, as amended:

a.                        Section 21 (Use of Meters); for all on-street parking meters, save and except tour bus meters;

b.                        Section 31 (Use of Pay and Display Parking Machines); for on-street pay and display machines;

 

2.         All veterans having vehicles displaying the special Veterans Licence plates must obey all other on-street posted regulations and time limits except for paying for parking for the posted time limits.

 

3.         The suspension of enforcement for the sections of the By-Law 2003-530 noted in paragraphs 1. a and b, above, is not meant to have the effect of a parking permit or pass, but rather is meant to allow free parking for eligible vehicles on a case-by-case basis only. 

 

4.         That Staff be directed to undertake a review in 2007 of the usage of this program and the subsequent financial impact, and report back to Transportation Committee. 

 

Pursuant to Subsection 1 (2) of Procedure By-law 2005-431, Suspension of the Rules of Procedure LOST on a division of 9 YEAS to 12 NAYS as follows:

 

Yeas (9):          Councillors S. Little, J. Harder, E. El-Chantiry, B. Monette, M. McRae,

J. Legendre, R. Bloess, R. Chiarelli and D. Deans.

 

Nays (12):        Councillors R. Jellett, J. Stavinga, C. Doucet, P. Feltmate, D. Thompson,

G. Bédard, M. Bellemare, P. Hume, G. Hunter, D. Holmes, A. Cullen

and G. Brooks.

 

MOTION NO. 67/20

 

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

 

MOTION NO. 67/21

 

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 it’s 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;

 

AND 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.

 

MOTION NO. 67/22

 

Moved by Councillor R. Chiarelli

Seconded by Councillor B. Monette

 

THAT the Rules of Procedure be waived and that Council resolve In Camera on the following matters:

 

a)        pursuant to Procedure By-law 2005-431, Subsection 13. (1) (a) the security of the property of the City; Subsection 13. 1 (e) litigation or potential litigation, affecting the City, including matters before administrative tribunals; and Subsection 13. (1) (f) receiving of advice that is subject to solicitor-client privilege, including communications necessary for that purpose – respecting the lawsuit initiated by the Ottawa Lynx;

 

b)        pursuant to Procedure By-law 2005-431, Subsection 13. (1) (b) personal matters about an identifiable individual, including staff, Subsection 13. (1) (f) receiving of advice that is subject to solicitor-client privilege, including communications necessary for that purpose – respecting a motor vehicle accident;

 


c)         pursuant to Procedure By-law 2005-431, Subsection 13. (1) (b) - personal matters about an identifiable individual, including staff, respecting the Deputy City Manager, Planning, Transit and the Environment.

 

                                                                                                            CARRIED

 

IN CAMERA SESSION

 

IN COUNCIL

 

 

Motion to Introduce By-laws

 

MOTION NO. 67/23

 

Moved by Councillor R. Chiarelli

Seconded by Councillor R. Bloess

 

That the following by-laws be enacted and passed:

 

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

 

Confirmation By-law

 

MOTION NO. 67/24

Moved by Councillor R. Chiarelli

Seconded by Councillor R. Bloess

 

That By-law 2006 - 425 to confirm the proceedings of Council be enacted and passed.

 

CARRIED on a division of 18 YEAS to 0 NAYS as follows:

 

Yeas (18):        Councillors S. Little, J. Harder, R. Jellett, E. El-Chantiry, J. Stavinga, B. Monette, M. McRae, P. Feltmate, J. Legendre, G. Bédard, M. Bellemare, P. Hume,

                        R. Bloess, G. Hunter, D. Holmes, R. Chiarelli, A. Cullen and D. Deans.

 

 

Adjournment

 

Council adjourned the meeting at 5:20 p.m.

 

 

 

 

 

 

 

 

CITY CLERK

 

MAYOR