22
OCTober 2008
10:00 a.m.
MINUTES 45
The Council of the City of Ottawa met at Andrew S.
Haydon Hall, 110 Laurier Avenue West, Ottawa, on 22 October 2008 at 10:00 a.m.
The Mayor,
Larry O’Brien, presided and the Clerk led Council in prayer.
The
National Anthem was performed by a choir from Manor Park Public
School
Announcements/Ceremonial
Activities
CONDOLENCES TO THE FAMILY OF EDINE ILUNGA
On behalf of City
Council, Mayor O’Brien conveyed condolences to the family and friends of Edine
Ilunga, who died on Saturday, 18 October 2008 at the Kanata Leisure Centre.
RECOGNITION - ST. LAURENT COMPLEX MASTERS LIFESAVING
CLUB
Mayor O’Brien recognized
the St. Laurent Complex Masters Lifesaving Club for their first place finish at
the 2008 Masters World Lifesaving Championships in Germany. The Mayor presented a framed certificate of
recognition to Mr. Dan Bérubé, Team Captain.
RECOGNITION - 2008 OLYMPIC AND PARALYMPIC ATHLETES
FROM OTTAWA
Mayor O’Brien presented the Shield of Athletes medallions to James Cartwright, Angua Mortimer, Sara Boudens and Sally Thomas.
Roll Call
ALL
MEMBERS WERE PRESENT.
Confirmation of Minutes
The Minutes of the
regular and In Camera meeting of 8 October 2008 were confirmed.
Declarations of pecuniary
interest including those originally arising from prior meetings
No Declarations were filed.
Communications
The following communications were received:
·
Association of Municipalities of Ontario (AMO) Alerts :
· Minister Launches Review of Blue Box Program and Waste Diversion Act
·
Responses to Inquiries
·
Inquiry 15-08 - Update on Closed
Meetings Investigations
·
Inquiry
34-08 - State of the Electronic System in Council Chambers
Regrets
No Regrets were filed.
Motion
to Introduce Reports
Moved by Councillor
R. Chiarelli
Seconded by
Councillor M. Wilkinson
That the
reports from the Auditor General entitled Audit of the 2006 Sewage Spill and
Audit of the City of Ottawa Water Rate, be received and tabled; and
That Agriculture
and Rural Affairs Committee Report 30, Community and Protective Services
Committee Report 31B, Corporate Services and Economic Development
Committee Report 31, Planning and Environment Committee Report 38, Transit
Committee Report 18 and Transportation Committee Report 22, be received and
considered.
And that the
Rules of Procedure be suspended to receive and consider Corporate Services and
Economic Development Committee Report 32.
CARRIED
Tabling of the following
reports from the City Auditor General:
OFFICE OF THE AUDITOR GENERAL
1) AUDIT OF THE 2006 SEWAGE SPILL
2) AUDIT OF THE CITY OF OTTAWA WATER RATE
REPORT RECOMMENDATION
That Council receive and
table the following reports from the Office of the Auditor General at its
meeting on October 22, 2008, for referral to the appropriate Standing
Committee, and for subsequent consideration and approval of the audit
recommendations by Council at a later meeting:
1) Audit of the 2006 Sewage Spill
2) Audit of the City of Ottawa Water Rate
That, at a later meeting, Council refer all audit recommendations where
management is in disagreement to the Council Audit Working Group for resolution.
Moved by Councillor R. Chiarelli
Seconded by Councillor M.
Wilkinson
That City
Council resolve In Camera pursuant to Subsections 13. (1) (b) personal
matters about an identifiable individual, including staff; (d) labour
relations or employee negotiations; (e) litigation or potential litigation,
affecting the City, including matters before administrative tribunals; and (f)
the receiving of advice that is subject to solicitor-client privilege,
including communications necessary for that purpose, of
Procedure By-law 2006-462 –with respect to the Audit of the 2006 Sewage
Spill.
CARRIED
IN CAMERA SESSION
1) Audit
of the 2006 Sewage Spill
Moved by Councillor P. Hume
Seconded by Councillor J. Harder
WHEREAS the
Auditor General’s Audit Report on the 2006 Sewage Spill, as well as the City
Manager’s Review (Price Report) on the spill of raw sewage into the Ottawa
River in August of 2006, have a total of 21 recommendations;
AND WHEREAS
Senior Management has advised that there are no disagreements with respect to
any of the recommendations, and the City Manager has acted promptly to address
the operational, management and labour relations issues identified in the above
reports;
AND WHEREAS
various labour relations issues, personnel and privacy matters, as well as
pending litigation, would effectively prohibit public delegations or
consultation on most of the findings in these two reports;
AND WHEREAS
staff will be presenting an interim report to the December 9, 2008 meeting of
the Planning and Environment Committee on the progress that has been made on
what the City is doing to protect the water quality in the Ottawa River, and
the proposed spending plan for the Ottawa River Fund;
AND WHEREAS
this report will include a demonstration of the hydraulic model of the Ottawa
River; a high level assessment of the opportunities and cost for sewer system
improvements; a high level assessment of the opportunities and cost for
wastewater treatment facility improvements; and will provide information on the
cost, process, staffing effects, etc. on the ability of the City of Ottawa to
eliminate any overflow to water bodies from the combined sewer areas;
AND WHEREAS
this report will addresses a significant number of the operational
recommendations raised within the audit, and public delegations will be
received at that time;
THEREFORE BE
IT RESOLVED THAT City Council refer the Audit of the 2006 Sewage Spill directly
to the City Council meeting of 12 November 2008; and
BE IT
FURTHER RESOLVED THAT, at the 12 November 2008 City Council meeting, City
Council:
1.
Directs staff to prepare a
companion report for Committee and Council that focuses specifically on the “Go
forward” plan to address the audit recommendations, to be presented at the 9
December 2008 Planning and Environment Committee Meeting; and,
2.
Lifts delegated authority from
the Council Audit Working Group with respect to the Audit of the 2006 Sewage
Spill, and that senior staff be directed to report quarterly on staff
implementation of the various recommendations to the Planning and Environment
Committee and annually to the Planning and Environment Committee and City
Council.
CARRIED
2) Audit of the City of Ottawa Water Rate
Moved by Councillor J. Harder
Seconded by Councillor G. Hunter
BE IT
RESOLVED THAT the Audit of the City of Ottawa Water Rate be referred to the
Special Meeting of the Planning and Environment Committee to be held on October
29, 2008, for the purpose of hearing public delegations and for consideration;
AND BE IT
FURTHER RESOLVED THAT the report of the Special Meeting Planning and
Environment Committee rise to the Council meeting of November 12, 2008 as a
companion report to the Rate Budget.
REFERRAL
CARRIED
The Reports of the Office of the Auditor General 1) Audit of the 2006 Sewage Spill and 2) Audit of the City of Ottawa Water Rate were RECEIVED AND TABLED, as amended by Motion Nos. 45/3 and 45/4.
Committee Reports
AGRICULTURE AND RURAL AFFAIRS
COMMITTEE REPORT 30
1. ZONING - 6633 DALMENY ROAD |
COMMITTEE
RECOMMENDATIONS
(This application is
subject to Bill 51)
That Council:
1. Approve an amendment to
Zoning By-law 2008-250 to change the zoning of part of 6633 Dalmeny Road from
Agricultural Zone “AG” to Agricultural Subzone 4 “AG4”, as shown in Document 1;
and
2. Approve an amendment to
the former Township of Osgoode Zoning By-law to change the zoning of part of
6633 Dalmeny Road from Rural Zone "RU" to Rural Zone - Exception 349
"RU[349]", as shown in Document 1.
CARRIED
2. PADEN ROAD MUNICIPAL DRAIN
COURT OF REVISION |
COMMITTEE RECOMMENDATIONS
That Council:
1.
Approve the assessments as
outlined in the Engineer's Report; and
2.
Give Third Reading to the Paden
Road Municipal Drain By-law.
CARRIED
COMMUNITY AND PROTECTIVE
SERVICES COMMITTEE REPORT 31B
1. OFFICE OF THE AUDITOR GENERAL - 2007 DETAILED AUDIT
REPORTS – PARKS AND RECREATION |
Committee Recommendation as amended
That Council
refers all 20 recommendations of the 2007 Detailed Audit of Parks and
Recreation back to the next meeting of the Council Audit Working Group.
Moved by Councillor J. Legendre
Seconded by Councillor G. Bédard
That the
recommendation of the Community and Protective Services Committee refer to all
recommendations for which disagreement exists between management and the
Auditor General, instead of referring to all 20 recommendations.
CARRIED
Item 1 of Community and Protective Services Committee
Report 31B was then put to Council and CARRIED as amended by Motion No. 45/5.
2. FIRE
STATION LOCATION STUDY - PHASE 1 |
Committee Recommendations
That Council:
1.
Approve the methodology
developed to support the Station Location Study, which was validated by the
Ontario Fire Marshal’s Office.
2.
Approve the identified growth
areas in Ottawa as the next priorities for Fire Services to address based on
the approved service standards.
CARRIED
3. CITY OF OTTAWA’S RESPONSE TO COMMUNITY ACTION PLAN ON
HOMELESSNESS: 2009-2014 |
Committee Recommendations as amended
That Council:
1.
Receive and endorse Ottawa’s
Community Action Plan on Homelessness: 2009-2014, produced by the
community-based Homelessness Community Capacity Building Steering Committee
attached as Document 1.
2.
Approve the actions to be taken by Community and Protective Services
Department in order to implement the recommendations of the Community Action
Plan on Homelessness as described in the report.
3.
Delegate authority to Community
and Protective Services Department, through the Housing Branch, to respond to
emerging needs as they arise over this period, performing its
provincially-designated role of Services System Manager for Homelessness and
its federally-designated role of Community Entity for homelessness funding as described in the amended Document 2 Section 1. a), to
read as follows:
a)
City Council hereby delegates authority to the Director of the Housing
Branch to receive, allocate after
consultation with the stakeholders and monitor the use of provincial
funding related to issues of homelessness, including the Consolidated
Homelessness Prevention Program, Rent Bank Program, Hostels to Homes Program,
and any new provincial funding programs that are to be administered by the
Service System Manager for Homelessness in accordance with policies determined by
City Council from time to time.
CARRIED
4. TENANTS’ CONFERENCE RECOMMENDATIONS |
Committee RecommendationS as amended
That Council:
1.
Receive this report for
information.
2. Approve the inclusion of $150,000 as
a budget pressure for additional funding for Education and Advocacy, Housing
Help, Action Lodgment and the Housing Loss Prevention Network to perform these
activities in the Draft 2009 Operating and Capital Budget Estimates;
Moved by Councillor G. Hunter
Seconded by Councillor E. El-Chantiry
BE IT
RESOLVED THAT, notwithstanding the direction given by the Community and
Protective Services Committee, Council direct staff to do no further
investigation of the practise of licensing landlords.
WITHDRAWN
Moved by Councillor G. Hunter
Seconded by Councillor D. Deans
That the
direction given by Community and Protective Services Committee to staff be
amended to limit the study to finding more effective ways of dealing with
problem rental properties.
CARRIED
Item 4 of Community and Protective Services Committee Report 31B was then put to Council. The Committee Recommendations were divided for voting purposes.
Recommendation 1 was RECEIVED, as amended by Motion No. 45/7.
Recommendation 2 LOST on a division of 8 YEAS to 14 NAYS as follows:
YEAS (8): Councillors M. Bellemare, J. Legendre, C. Leadman, D. Holmes, P. Feltmate, G. Bédard, D. Deans and A. Cullen.
NAYS (14): Councillors G. Hunter, R. Bloess, M. Wilkinson, J. Harder, G. Brooks, S. Qadri, R. Jellett, B. Monette, D. Thompson, R. Chiarelli, E. El-Chantiry, P. Hume, S. Desroches and Mayor O’Brien.
5. JOINT EMERGENCY PREPAREDNESS PROGRAM (JEPP) |
Committee Recommendation
That Council approve the contribution of $75,104.28 from the
Emergency Management Program (EMP) capital project 901037 to leverage
$225,312.84 in funding from the Joint Emergency Preparedness Program (JEPP) to
support the purchase of Urban Search and Rescue equipment.
CARRIED
6. BELLTOWN DOME IMPROVEMENTS FUNDING SHORTFALL |
Committee Recommendation
That Council approve that an additional $365,000 be added to the Belltown Dome
Improvements project as part of the 2009 capital budget to construct a 2100
square foot addition as described in this report.
CARRIED
7. OTTAWA BOARD OF HEALTH - GOVERNANCE |
Committee RecommendationS as amended
That Council:
1.
Approve, in principle, an independent Board of Health
governance model with features similar to Toronto’s current model (authorized
by Section 405 of the City of Toronto Act) as described below:
a)
A Board of Health comprised of eleven members
appointed by the City, six councillors and five citizen representatives;
b)
The Board of Health appoints the Medical Officer of
Health and the Associate Medical Officers of Health who are employees of the
Board of Health;
c)
The Medical Officer of Health reports directly to the
Board of Health;
d)
The City of Ottawa provides to the Board, public
health unit employees, who shall remain City of Ottawa employees;
e)
The Board of Health makes recommendations to City
Council on any issues within City Council’s jurisdiction that involve public
health considerations (e.g., non-smoking by-laws); and;
f)
The Board of Health reports annually to City Council
on its operations.
2.
Refer the recommended model to the mid-term governance
review for consideration as part of that review process;
3.
Direct the City Solicitor to prepare an application to
the province for special legislation amending the City of Ottawa Act to
authorize the City to implement a governance model in keeping with the final
model approved by Council;
4. Approve that after the first term
appointments of the Board of Health are made by Council that subsequent citizen
board members be recruited and be appointed by the Board of Health, similarly
to OCH and that the composition of the Board be reviewed at the time to ensure
that necessary skills and abilities are reflected; and
5. Approve that the majority of the
Board of Health citizen representatives be from the broad health constituency
and knowledge.
Moved by Councillor J. Harder
Seconded by Councillor D. Holmes
That Recommendation 1 a) be amended as
follows:
A Board of
Health comprised of 9 members appointed by the City, four Councillors and five
citizen representatives.
LOST on a division of 10 YEAS to 14 NAYS as follows:
YEAS (10): Councillors G. Hunter, J. Legendre, M. Wilkinson, C. Doucet, J. Harder, D. Holmes, P. Feltmate, P. Hume, G. Bédard and A. Cullen.
NAYS (14): Councillors M. Bellemare, R. Bloess, C. Leadman, G. Brooks, S. Qadri, R. Jellett, B. Monette, D. Thompson, R. Chiarelli, E. El-Chantiry, M. McRae, S. Desroches, D. Deans and Mayor O’Brien.
Moved by Councillor D. Holmes
Seconded by Councillor P. Feltmate
That the wording in Recommendation 3
“prepare an application” be replaced with the following:
“proceed with making an application.”
CARRIED
Moved by Councillor M. Wilkinson
Seconded by Councillor J. Harder
That Recommendation 4
be amended by deleting “that subsequent citizen board members be recruited and
be appointed by the Board of Health, similarly to OCH and”, to read:
Approve that after the first term appointments of the Board of Health are
made by Council, that the composition of the Board be reviewed at the time to
ensure that necessary skills and abilities are reflected; and
CARRIED
Moved by Councillor S. Desroches
Seconded by Councillor M. Wilkinson
BE IT RESOLVED THAT the Chair of the Ottawa
Board of Health shall be a member of Ottawa City Council.
LOST on a division of 9 YEAS to 15 NAYS as follows:
YEAS (9): Councillors M. Bellemare, R. Bloess, M. Wilkinson, G. Brooks, D. Thompson, R. Chiarelli, E. El-Chantiry, S. Desroches and Mayor O’Brien.
NAYS (15): Councillors G. Hunter, J. Legendre, C. Leadman, C. Doucet, J. Harder, S. Qadri, D. Holmes, R. Jellett, B. Monette, P. Feltmate, M. McRae, P. Hume, G. Bédard D. Deans and A. Cullen.
Community and Protective Services Committee Report 31B, Item 7 was then put to Council. The Recommendations were divided for voting purposes.
Recommendation 1 a) CARRIED on a division of 19 YEAS to 5 NAYS as follows:
YEAS (19): Councillors G. Hunter, M. Bellemare, R. Bloess, C. Leadman, M. Wilkinson, G. Brooks, S. Qadri, R. Jellett, B. Monette, P. Feltmate, D. Thompson, R. Chiarelli, E. El-Chantiry, M. McRae, S. Desroches, G. Bédard, D. Deans, A. Cullen and Mayor O’Brien.
NAYS (5): Councillors J. Legendre, C. Doucet, J. Harder, D. Holmes and P. Hume.
Recommendations 1 b), 1 c), 1 d), 1 e) and 1 f) CARRIED with Councillor J. Harder dissenting.
Recommendation 2 CARRIED.
Recommendation 3 CARRIED, as amended by Motion No. 45/9
Recommendation 4 CARRIED, as amended by Motion No. 45/10 with Councillor P. Feltmate dissenting.
Recommendation 5 CARRIED.
The Item as amended by Motion Nos. 45/9 and 45/10 was CARRIED with Councillor J. Harder dissenting.
CORPORATE SERVICES AND
ECONOMIC DEVELOPMENT COMMITTEE REPORT 31
1. qUARTERLY REPORT –
EFFICIENCY SAVINGS PROGRAM, 1 APRIL TO 30 JUNE 2008 |
Committee RecommendationS AS AMENDED
That Council:
1. Approve the revision of the $100 million efficiency target allocations for 2009 and 2010 as outlined in Table 6 of this report; and
2. Approve the revised procurement strategies and contract award mechanisms proposed in this report and including the strategies proposed by the Consulting Engineers of Ontario in their memo dated October 6, 2008, and direct staff to report back on the over-all strategy and any amendments to the Purchasing By-law that are required to enable these to be implemented.
Moved by Councillor C. Doucet
Seconded by Councillor M. McRae
BE IT
RESOLVED that before a property, land or building is brought forward as
surplus, the community be consulted.
CARRIED on a division of 19 YEAS to 2 NAYS as
follows:
YEAS (19): Councillors G. Hunter, M. Bellemare, J. Legendre, R. Bloess, C. Leadman, M. Wilkinson, C. Doucet, G. Brooks, S. Qadri, D. Holmes, R. Jellett, B. Monette, P. Feltmate, R. Chiarelli, M. McRae, S. Desroches, G. Bédard, D. Deans and A. Cullen.
NAYS (2): Councillors D. Thompson and E. El-Chantiry.
Corporate Services and Economic Development
Committee Report 31, Item 1 was then put to Council and CARRIED as amended by
Motion No. 45/12.
2. Delegation of authority –
contracts awarded for the period april 1 to june 30, 2008, and legal
outsourcing costs |
Committee Recommendation
That Council
receive this report for information.
RECEIVED
3. operating status report –
august 31, 2008 |
Committee
Recommendation
That
Council receive this report for information.
RECEIVED
4. ENERGY
MANAGEMENT AND INVESTMENT STRATEGY |
Committee
RecommendationS
That
Council:
1.
Approve the attached “Corporate
Utility Procurement Policy” for both electricity and natural gas. (see Annex
1);
2.
Subject to the approval of
Recommendation 1, amend the Delegation of Authority By-law No. 2005-503, to
authorize the Director of the Real Property Asset Management Branch to purchase
electricity and natural gas and execute utility contracts provided that the
purchases comply with the “Corporate Utility Procurement Policy,” the form and
content of the contracts has received approval from the City Solicitor, and the
purchases are within approved budget projections for the term of the contract;
3.
Add the “Energy Investment
Strategy” contained in this report, requiring a capital investment of $10M in
energy reduction measures to achieve a savings to the City’s annual utility
bill of $2M over the five-year program, to the 2009 budget process and the
long-range financial plan; and
4.
Re-invest all energy reduction
grants and subsidies received from federal or provincial agencies or utility
companies, for energy improvement initiatives in the originating projects to
create further energy cost savings and associated environmental benefits.
CARRIED
5. Amendment
to development charges by-law 2004-298 |
COMMITTEE RECOMMENDATION
That Council approve an amendment to the
definition of "apartment dwelling", in Development Charges By-law
2004-298, to include back-to-back townhouse dwellings under this category.
CARRIED
6. Habitat for humanity home at 1212
carp road – waiver of watermain frontage fee |
COMMITTEE RECOMMENDATION
That Council waive the fee of
$5,700.00 for the unpaid watermain frontage.
CARRIED
CORPORATE SERVICES AND
ECONOMIC DEVELOPMENT COMMITTEE REPORT 32
1. MOTION
- Shenkman (Orléans) Arts Centre - Request for
waiver of Encroachment Permit fees |
Committee RecommendationS AS AMENDED
That Council
approve:
1. A
waiver of Encroachment Fees in the amount of $223,363.20 for construction of
the Shenkman Arts Centre, which amount includes reimbursement to Aecon in the
amount of $18,613.69 for Encroachment Fees already paid; and
2. That no further fees be undertaken and that any additional fees for this specific encroachment be waived in future.
CARRIED
PLANNING AND ENVIRONMENT
COMMITTEE REPORT 38
1. OFFICIAL PLAN
AND ZONING - 30 GOULBOURN FORCED ROAD |
COMMITTEE
RECOMMENDATIONS AS AMENDED
(This
application is not subject to Bill 51)
That
Council:
1. Approve and adopt an amendment to the
Kanata Town Centre Site-Specific Policies in Volume 2-B of the Official Plan to
redesignate 30 Goulbourn Forced Road from "LDE" (Low Density
Employment Area) to "LDE-5" (Low Density Employment Area - Special
Policy Area 5)", as detailed in Document 4.
2. Approve an amendment to Zoning By-law
2008-250 to change the zoning of 30 Goulbourn Forced Road from “IL7[307]-h”
(Light Industrial Subzone 7, Exception 307, Holding) to "IL7[xxxx]-h"
(Light Industrial Subzone 7, Exception xxxx, Holding), as shown in Document 1
and detailed in Document 5.
3. Approve an amendment to the former
City of Kanata Zoning By-law 142-93 to change the zoning of 30 Goulbourn Forced
Road from “M1C-1(H)” (Light Industrial, Mixed, Exception 1, Holding) to
“M1C–x(H)” (Light Industrial, Mixed, Exception x, Holding), as shown in
Document 1 and detailed in Document 5.
4. Approve that the setback on
Goulbourn Forced Road be changed from 0 to 3 metres.
5. That staff be directed to change
the name of the road to Didsbury Road.
Moved by Councillor M. Wilkinson
Seconded by Councillor P. Feltmate
WHEREAS Planning and Environment
Committee on October 14, 2008 approved a motion to change the name of Goulbourn
Forced Road to Didsbury Road at that section of roadway between Terry Fox Drive
and the MTO service yard;
AND WHEREAS
provisions with respect to notification were not identified;
THEREFORE BE IT RESOLVED that:
1. provisions for
public notice be waived with respect to the street name change; and
2. the effective
date of the street name change be May 1, 2009 to provide property owners
sufficient time to make provisions in anticipation of the change of name.
CARRIED
Planning and
Environment Committee Report 38, Item 1 was then put to Council and CARRIED as
amended by Motion No. 45/13.
2. ZONING
- 175 AND 425 MARCH VALLEY ROAD |
COMMITTEE
RECOMMENDATIONS
(This application is subject to Bill
51)
That
Council:
1.
Approve an amendment to Zoning
By-law 2008-250 to change the zoning of 175 and 425 March Valley Road by
amending the Business Park Industrial, Subzone 8 exception 172 (IP8[172]H(15))
to permit a 'golf course' as a temporary use for a period of three years as
shown in Document 1 and detailed in Document 2.
2. Approve
an amendment to the former City of Kanata Zoning By-law to change the zoning of
175 and 425 March Valley Road by amending the Rural Industrial - exception (d)
(RI(d)) to permit a 'golf course' as a temporary use for a period of three
years as shown in Document 1 and as detailed in Document 2.
CARRIED
3. ZONING - 300 EAGLESON ROAD |
COMMITTEE
RECOMMENDATIONS
(This application is
subject to Bill 51)
That Council:
1. Approve an amendment to the Zoning
By-law 2008-250 to amend Urban Exception 224 as it relates to 300 Eagleson Road
and as detailed in Document 2.
2. Approve an amendment to the former City
of Kanata Zoning By-law to amend the CG-1 Zone
as it relates to 300 Eagleson Road and as detailed in Document 2.
CARRIED
4. ZONING
- 340 GLADSTONE AVENUE |
COMMITTEE
RECOMMENDATIONS
(This
application is subject to Bill 51)
That
Council:
1. Approve an amendment to the Zoning By
law 2008-250 to rezone the property at 340 Gladstone Avenue from R4T[479]
Residential Fourth Density Subzone T, Exception[479], with a Heritage Overlay
to R4T[***] Residential Fourth Density Subzone T, Exception[***], with a
Heritage Overlay as detailed in Document in Document 2.
2. Approve an amendment to the former
City of Ottawa Zoning By-law to rezone the property at 340 Gladstone Avenue
from R5D[82] H(10.7) Low Rise Apartment Subzone D, Exception[82], with a
Heritage Overlay to R5D[***] H(10.7) Low Rise Apartment Subzone D,
Exception[***], with a Heritage Overlay as detailed in Document 2.
CARRIED
5. ZONING - 228-242 BESSERER STREET |
COMMITTEE
RECOMMENDATIONS
(This
application is subject to Bill 51)
That
Council:
1. Approve an amendment to the Zoning By
law 2008 250 to change the zoning of 228 242 Besserer Street from R5F Schedule
70 to R5F[***] Schedule 70 revised, as detailed in Document 2.
2. Approve
an amendment to the former City of Ottawa Zoning By-law to change the zoning of
228-242 Besserer Street from R6M - Schedule 198 to R6M[***] Schedule 198
revised, as detailed in Document 2.
CARRIED
6. ZONING
- 340 INDUSTRIAL AVENUE |
COMMITTEE
RECOMMENDATIONS
(This application is subject to Bill 51)
That
Council:
1. Approve an amendment to Zoning By law
2008 250 to change the zoning of 340 Industrial Avenue from General Industrial
(IG3) to Residential Fifth Density Subzone A (R5A H27) as shown in Document 1.
2. Approve
an amendment to the former City of Ottawa Zoning By-law to change the zoning of
340 Industrial Avenue from General Industrial (IG F1.0) to a Residential
High-Rise Apartment Zone (R6A (H27.0)) as shown in Document 2.
Moved by Councillor P. Hume
Seconded by Councillor P. Feltmate
WHEREAS on
October 14, 2008 Planning and Environment Committee carried the Report
Recommendations contained in Report - Reference No. ACS2008-PTE-PLA-0207 ;
AND WHEREAS
Recommendation 2 and the Location Map - Document 1 did not accurately identify
the zone names within the former City of Ottawa Zoning By-law Number 93-98 of a
small portion of the subject lands located at the northwest corner of the
property;
THEREFORE BE IT RESOLVED THAT Council approve the following:
1. Amend Recommendation
2 of the said report to read “Approve an amendment to the former City of Ottawa
Zoning By-law to change the zoning of 340 Industrial Avenue from General
Industrial (IG F(1.0)) and Leisure Linkage Zone (L2) to a Residential High-Rise
Apartment Zone (R6A H(27.0)) as shown in Document 1.”
2. Revise the legend of
the Location Map as shown in Document 1 by inserting the words “and L2”
immediately following the zone name “IG F(1.0)”, as shown on the attached
Location Map.
That pursuant to the Planning Act, subsection 34(17) no
further notice be given.
CARRIED
Planning and Environment Committee Report 38, Item 6 was then put to Council and CARRIED as amended by Motion No. 45/14.
7. ZONING - 1840 WALKLEY ROAD |
COMMITTEE RECOMMENDATIONS
(This application is subject to Bill 51)
That
Council:
1. Approve an amendment to Zoning By-law
2008-250 to change the zoning of 1840 Walkley Road from IL, Light Industrial
Zone, to IL [xxx] exception zones as shown in Document 1 and as detailed in
Document 2.
2. Approve an amendment to former City of
Ottawa Zoning By-law 93-98 to change the zoning of 1840 Walkley Road from IP
F(1.0), Industrial Business Park Zone, to IP[xxx] F(1.0) exception zones, as
shown in Document 1 and as detailed in Document 2.
CARRIED
8. SIGN BY-LAW MINOR VARIANCE - 2420 BANK STREET |
Committee recommendations
That
Council:
1. Refuse
the application to vary Sign By-law 2005-439, to permit two internally
illuminated logo signs on the north, west and south elevations of the building
situated at 2420 Bank Street, as further detailed in this submission.
2. Approve
a variance to Sign By-law 2005-439, to permit a second internally illuminated
logo sign on the south elevation of the building situated at 2420 Bank Street,
as detailed in this submission and as shown on Document 4.
CARRIED
9. Minor variances |
COMMITTEE
RECOMMENDATION AS AMENDED
That Council approve that the City of Ottawa
call on the Government of Ontario to adopt criteria for what constitutes a
minor variance and that this motion be circulated to other municipalities
through the Association of Municipalities of Ontario.
CARRIED
10. 267
(269) Kirchoffer AVENUE and 271 Kirchoffer AVENUe – Committee of Adjustment
Appeal |
COMMITTEE
RECOMMENDATION AS AMENDED
That Council instruct Legal Services to appear
at the Ontario Municipal Board to ensure that the proposed developments be
compatible with the neighbourhood.
CARRIED
TRANSIT COMMITTEE REPORT
18
1. TAXI COUPON PROGRAM |
COMMITTEE RECOMMENDATIONS AS
AMENDED
That Council:
1. Extend
the Taxi Coupon Program pilot project for an additional year; and
2. Direct
staff to report back in November 2009 on the results of the pilot program,
including recommendations on continuation in 2010 and beyond.
CARRIED
TRANSPORTATION COMMITTEE
REPORT 22
1. PEDESTRIAN COUNTDOWN SIGNALS |
COMMITTEE RECOMMENDATIONS AS
AMENDED
That Council approve:
1. The installation of pedestrian countdown signals
at new traffic control signals and pedestrian signals locations or
locations being rehabilitated as part of a capital reconstruction project; and,
2. That
Traffic and Parking Operations include for consideration, as part of the Draft
2009 Capital Budget Estimates, $500,000 for the Pedestrian Signal Countdown
Installation Program as a 2009 Capital Strategic Initiative.
3. The establishment of the principle
that intersections having a high percentage of children, seniors and mobility
challenged pedestrians will have the highest priority for the new countdown
pedestrian crossing signals.
4. That the fourth bullet in the
guidelines to be used to determine the highest priority for installing the
pedestrian countdown signals be reworded to read:
·
are at least four traffic
lanes wide
The Recommendations were divided for voting
purposes.
Recommendations 1, 3 and 4 CARRIED.
Recommendation 2 CARRIED on a division of 14
YEAS to 6 NAYS as follows:
YEAS (14): Councillors M. Bellemare, J. Legendre, R. Bloess, C. Leadman, M. Wilkinson, C. Doucet, G. Brooks, D. Holmes, P. Feltmate, M. McRae, P. Hume, G. Bédard, D. Deans and A. Cullen.
NAYS (6): Councillors S. Qadri, R. Jellett, B. Monette, R. Chiarelli, E. El-Chantiry and S. Desroches.
Motion to Adopt Reports
MOTION NO. 45/15
Moved by Councillor R. Chiarelli
Seconded by Councillor M. Wilkinson
That the
Agriculture and Rural Affairs Committee Report 30, Community and Protective
Services Committee Report 31B, Corporate Services and Economic
Development Committee Report 31 and 32, Planning and Environment Committee
Report 38, Transit Committee Report 18 and Transportation Committee Report 22
be received and
adopted as amended.
CARRIED
Motions (Requiring
Suspension of the Rules)
Moved by Councillor E. El-Chantiry
Seconded by Councillor P. Hume
That the Rules of Procedure be waived to
consider the following:
WHEREAS Councillor Hume was elected as
President of the Association of Municipalities of Ontario (AMO) and due to the
significant time commitment associated with the position, has stepped down from
his position on the Central Canada Exhibition Association (CCEA) Board of
Directors;
AND WHEREAS City Council is responsible
for appointing four Directors to the Board including the Mayor and three
Councillors;
AND WHEREAS the CCEA Board of Directors
meets approximately once a month, at the call of the president;
THEREFORE BE IT RESOLVED that Councillor
Shad Qadri be appointed to fill the vacant CCEA Board of Directors position
immediately, with his term ending 30 November 2010.
CARRIED
Moved by Councillor M. McRae
Seconded by Councillor P. Hume
That the
Rules of Procedure be waived to consider the following:
WHEREAS Councillor Hume was elected as
President of the Association of Municipalities of Ontario (AMO) and due to the
significant time commitment associated with the position, has stepped down from
his position on the City of Ottawa Superannuation Fund (COSF) Board of
Trustees;
AND WHEREAS according to By-law 224-98,
City Council shall appoint another member to the COSF Board of Trustees, being
either another Councillor or an employee of the City;
AND WHEREAS the COSF Board of Trustees is
holding two meetings over the course of the next week to consider important
matters that require the approval of the Board;
THEREFORE BE IT RESOLVED that City
Council appoint Gerry Mahoney, Manager of Treasury, as a representative on the
COSF Board of Trustees immediately, with his term ending 30 November 2010.
CARRIED
Moved by Councillor G. Bédard
Seconded by Councillor D. Holmes
That the Rules of Procedure be suspended to consider and approve the
following motion:
WHEREAS an
establishment located at 221 Rideau Street named
Mavericks submitted an application to the Alcohol and Gaming Commission of Ontario
to amend its liquor licence to increase its serving capacity (the
“Application”);
AND WHEREAS
on May 28, 2008, Council carried Motion 37/19 directing staff to petition the
Alcohol and Gaming Commission of Ontario to indicate its lack of support for the
Application based on objections expressed by the community as well as
enforcement concerns regarding noise at the establishment and the unruly
demeanour of some of its patrons;
AND WHEREAS
on September 17, 2008 the City’s legal counsel and staff from the By-law and
Regulatory Services Branch appeared at a hearing before the Alcohol and Gaming
Commission of Ontario to oppose the Application;
AND WHEREAS
representatives of The St. George Condominium Corporation #375 (“The St.
George”) also appeared on September 17, 2008 before the Alcohol and Gaming
Commission of Ontario to oppose the Application;
AND WHEREAS
at the hearing held on September 17, 2008, representatives of The St. George
entered into an agreement with the owners of Maverick’s pursuant to which
certain conditions will be placed on the establishment’s liquor licence if the
Application is granted;
AND WHEREAS
both the representatives of The St. George and the City’s By-law and Regulatory
Services Branch have advised that they are satisfied that said conditions to
Maverick’s liquor licence will be sufficient to address the concerns they had
expressed to City Council prior to approving Motion 37/19;
THEREFORE
BE IT RESOLVED THAT Council rescind Motion 37/19 and direct the City Solicitor
to advise the Alcohol and Gaming Commission of Ontario that, based on the
agreement reached between The St. George and Mavericks, as well as the
conditions therein, the City of Ottawa no longer opposes the Application.
CARRIED
Moved by Councillor G. Bédard
Seconded by Councillor J. Legendre
That the
Rules of Procedure be waived to consider the following:
WHEREAS
funding for the redevelopment and expansion of the Ottawa Congress Centre has
been approved by all levels of government; and
WHEREAS the
project is moving forward and Brisbin Brook Beynon Architects have been chosen
to complete the design and PCL Construction Ltd. have been chosen as the
builders; and
WHEREAS,
given the status of the project, the Mayor believes the Board of the Ottawa
Congress Centre and the City would benefit from the inclusion of an expert
representative on the Board who is from the development and architectural
community and who has a vast array of experience; and
WHEREAS the
next Ottawa Congress Centre Board meeting will take place on October 23, 2008;
THEREFORE BE
IT BE RESOLVED THAT Mr.
Bernie Ashe, President of Kott Lumber and former CEO of AIT (3M Canada company)
and Chief Operating Officer of the Ottawa Senators, replace Mayor Larry O’Brien
as one of the City of Ottawa’s appointees to the Board of the Ottawa Congress
Centre.
CARRIED
Moved by Councillor R. Chiarelli
Seconded by Councillor M. Wilkinson
BE IT
RESOLVED THAT the Rules of Procedure be waived with respect to the following
matters:
To permit the receipt of
a briefing from the City Solicitor with respect to:
a) Ottawa
Lynx and the Can-Am Baseball League;
b) Bayview Public School.
AND BE IT
RESOLVED that City Council resolve In Camera pursuant to:
1. Subsections 13. (1)
(a) the security of the property of the City; (b) personal matters about an
identifiable individual, including staff; (e) litigation or
potential litigation, affecting the City, including matters before
administrative tribunals; and (f) the receiving of advice that is subject to
solicitor-client privilege, including communications necessary for that
purpose, of Procedure By-law 2006-462 –with
respect to the Ottawa Lynx and the Can-Am Baseball League; and,
2. Subsections 13. (1)
(a) the security of the property of the City; a proposed or pending acquisition
or disposition of land for the purposes of the City; and (f) the
receiving of advice that is subject to solicitor-client privilege, including
communications necessary for that purpose, of Procedure
By-law 2006-462 with respect to the purchase of the Bayview Public School,
CARRIED
IN CAMERA SESSION
1. CITY ACQUISITION OF BAYVIEW PUBLIC SCHOOL (3071 RIVERSIDE DRIVE) FROM
THE OTTAWA-CARLETON DISTRICT SCHOOL BOARD |
MOTION NO.
45/21
Moved by Councillor E. El-Chantiry
Seconded by Councillor A. Cullen
WHEREAS, on
November 28, 2007 Council directed City staff to pursue the acquisition of
Bayview Public School within certain financial and other parameters from the
Ottawa-Carleton District School Board (“the Board”) which had declared the
School surplus to its needs;
AND WHEREAS
at a meeting on October 21, 2008, the Board has recommended to Council a
proposal to conclude the purchase of the School property from the Board in a
timely manner that protects the interests of the City and is within the
financial and other parameters previously established by Council;
AND WHEREAS
the Board has recommended that the only way to provide cost and risk certainty
is to demolish the school as part of the remediation of the site.
AND
WHEREAS through the efforts of the City and the Board an important public asset
will remain in public ownership to ensure an appropriate redevelopment of the
site at a later date with greenspace and public use for the benefit of the City
and its taxpayers, including the residents of River Ward;
THEREFORE BE
IT RESOLVED THAT the City contribute $435,000 towards the Board’s demolition of
Bayview School at 3071 Riverside Drive to the Ottawa-Carleton District School
Board and complete the purchase of the property from the Board on October 31,
2008 in accordance with Council’s existing direction (subject to an
environmental remediation holdback of $1.2 million and other conditions as
provided today to City staff) and that the Property Acquisition Agreement
between the parties dated September 28, 2007 be amended accordingly.
CARRIED with Councillor M. McRae dissenting.
Notices of Motion (For
Consideration at Subsequent Meeting)
Moved by Councillor C. Leadman
Seconded by Councillor C. Doucet
WHEREAS The
City of Ottawa is reviewing its Official Plan (OP) - the central guiding
document that presents a unified vision on how Ottawa will develop. Under this
review, the City is committed to improve its policies by ways of the Mid-Term
Governance Review, Development Charges By-Law and the Development Approval
Processes;
THEREFORE BE
IT RESOLVED THAT City staff be directed to provide an update on the ongoing
review of the Development Charges (DC) By-Law that includes information on
developing policies and instruments for:
a)
Linking DC charges to cover the
level of anticipated growth for the area with the needed level of service from
City infrastructure (both soft and hard);
b)
Improve DC charges allocation
in order to balance City-wide needs versus community needs of the area impacted
by growth;
BE IT FURTHER
RESOLVED THAT City staff be directed to report to Committee and Council on
existing Cash-In-Lieu policies and provisions and updates to those policies in
order to re-establish the correct values.
BE IT FURTHER
RESOLVED THAT City Staff be directed to report to
Committee and Council on progress on this motion at the tabling of the
Draft Official Plan review and be included within the scope of the Official
Plan public consultation.
Moved by Councillor C. Leadman
Seconded by Councillor C. Doucet
WHEREAS The
City of Ottawa is reviewing its Official Plan (OP) - the central guiding
document that presents a unified vision on how Ottawa will develop. Under this
review, the City is committed to improve its policies by ways of the Mid-Term
Governance Review, Development Charges By-Law and the Development Approval
Processes;
THEREFORE BE IT
RESOLVED THAT City staff be directed to report to Committee
and Council on methods and additional provisions in the draft
Official Plan to enhance City Ontario Municipal Board (OMB) cases on zoning
and development matters including but not limited to emphasis on compatibility,
serviceability and community design plans;
BE IT FURTHER
RESOLVED THAT City staff be directed to report to Committee
and Council on methods and additional provisions in the draft Official Plan to
meet development targets in a diffused manner across each area minimizing focus
upon single site development where possible;
BE IT FURTHER
RESOLVED THAT City staff be directed to report to Committee and Council on
methods and provisions in the draft Official Plan to encourage sustainable
development outside the greenbelt with focus upon building vibrant town centers
and main streets with local economic development strategies;
BE IT FURTHER
RESOLVED THAT City staff be directed to report to Committee and Council on
progress on the staff led review underway on the development approval process
with specific mention to:
BE IT FURTHER
RESOLVED THAT City Staff be directed to report to Committee and Council on
progress on this motion at the tabling of the Draft Official Plan review and be
included within the scope of the Official Plan public consultation.
Moved by Councillor C. Leadman
Seconded by Councillor C. Doucet
WHEREAS
The City of Ottawa is reviewing its Official Plan (OP) - the central guiding
document that presents a unified vision on how Ottawa will develop. Under this
review, the City is committed to improve its policies by ways of the Mid-Term
Governance Review, Development Charges By-Law and the Development Approval
Processes;
THEREFORE BE IT RESOLVED THAT the
Mid-Term Governance Review include an option for the establishment of an Urban
Development Review Committee with appropriate tools to plan, enhance and
encourage balanced development inside the urban core;
BE IT FURTHER
RESOLVED THAT City Staff be directed to report to Committee and Council on
progress on this motion at the tabling of the Draft Official Plan review and be
included within the scope of the Official Plan public consultation.
Moved by Councillor C. Leadman
Seconded by Councillor C. Doucet
WHEREAS The
City of Ottawa is reviewing its Official Plan (OP) - the central guiding
document that presents a unified vision on how Ottawa will develop. Under this
review, the City is committed to improve its policies by ways of the Mid-Term
Governance Review, Development Charges By-Law and the Development Approval
Processes;
AND
WHEREAS the current traffic management policies are not working hand in hand
with approved development for a site, thus a reasonable proactive approach is
required;
THEREFORE BE
IT RESOLVED THAT City staff be directed to report to Committee and Council on
how traffic management can be coordinated with planning approvals;
BE IT FURTHER
RESOLVED THAT City Staff be directed to report to Committee and Council on
progress on this motion at the tabling of the Draft Official Plan review and be
included within the scope of the Official Plan public consultation.
Moved by Councillor C. Doucet
Seconded by Councillor G. Bédard
WHEREAS
Council initiated a $300,000 International Design Competition to determine the
future of Lansdowne Park in November of 2007;
WHEREAS on
May 16th, 2008, the competition was unexpectedly put on hold by City
staff coincident with the need to reassess the condition of the stadium and
concurrently review a business consortium proposal associated with a Canadian
Football League (CFL) franchise;
WHEREAS the
consortium has now submitted their sole source unsolicited proposal by way of a
public press release;
WHEREAS the
public has made it clear in public consultations and in surveys that the future
use and development of the park should be determined by an open public process
known as “Design Lansdowne” and not depend on the accommodation of a CFL
franchise.
WHEREAS
further delays will damage the City’s reputation as an honest broker of a due
process voted on by full council.
WHEREAS any
further special consideration of an unsolicited, sole source proposal for the
redevelopment of the park will open the City to legal challenges from other
proponents that were developing proposals prior to the suspension of the Design
Lansdowne process and assumed the redevelopment of the park would be subject to
a transparent competitive, public process.
BE IT
RESOLVED that the Design Lansdowne process be resumed immediately as Council
voted for in November of 2007 and that all proposals be given equal
consideration within the parameters of this process.
By-laws Three
Readings
The following motion (No. 45/22) was dealt
with by Council earlier in the meeting but is set out below for ease of
reference.
MOTION
NO. 45/22
Moved by Councillor R. Chiarelli
Seconded by Councillor M. Wilkinson
WHEREAS the
Agenda of Council contains By-law No. 2008 – 400 regarding the issuance of
debentures in the amount of $33,844, 210.44;
AND WHEREAS
this by-law needs to be enacted today as all documents prepared to permit the
issuance of the debenture contain today’s date
THEREFORE BE
IT RESOLVED that;
The Rules of Procedure be waived to permit enactment of By-law 2008-400 in advance of Agenda Item 13 – Motion to Introduce By-laws
CARRIED
MOTION
NO. 45/23
Moved by
Councillor R. Chiarelli
Seconded by
Councillor M. Wilkinson
That the following by-laws be enacted and passed:
2008-393
A by-law of the
City of Ottawa to establish certain lands as common and public highway and
assume them for public use (Lourdes Way).
2008-394
A by-law of the
City of Ottawa to establish certain lands as common and public highway and
assume them for public use (Entrepreneur Crescent).
2008-395
A by-law of the
City of Ottawa to change the name of a municipal highway in the City of Ottawa
(Old) Strandherd Drive west of Tartan Drive and Gorman Drive to Tartan Drive
and the easterly portion of former (Old) Strandherd Drive (between Tartan Drive
and Opal Lane) to Harthill Way.
2008-396
A by-law of the City of Ottawa to
amend By-law No. 2004-298 respecting development charges.
2008-397
A by-law of the
City of Ottawa to provide for drainage works in the City of Ottawa to be known
as the Paden Road Municipal Drain.
2008-398
A by-law of the City of Ottawa to amend By-law No. 2008-250 of the City of
Ottawa and to amend By-law No. 2003-230
of the City of Ottawa to change the zoning for part of the property
known municipally as 6633 Dalmeny Road.
2008-399
A by-law of the City of Ottawa to
amend the Official Plan for the City
of Ottawa to change the designation of 30 Goulbourn Forced Road.
2008-400
A by-law of the
City of Ottawa to authorize the borrowing upon serial debentures in the
principal amount of $33,844,210.44 towards the cost of certain capital works of
the City of Ottawa.
2008-401
A by-law of the City of Ottawa to amend By-law No.
2008-250 of the City of Ottawa and to amend By-law Number 142-93 of the former City of Kanata to change the zoning
for the property known municipally as 30 Goulbourn Forced Road.
2008-402
A by-law of the City of Ottawa to amend By-law No.
2008-250 of the City of Ottawa and to amend By-law Number 93-98 of the former City of Ottawa to change the
zoning for the property known municipally as 340 Gladstone Avenue.
2008-403
A by-law of the City of Ottawa to amend By-law No.
2008-250 of the City of Ottawa and to amend By-law Number 93-98 of the former City of Ottawa to change the
zoning for the properties known municipally as 228, 230 and 242 Besserer
Street.
2008-404
A by-law of the City of Ottawa to amend
By-law No. 2008-250 of the City of Ottawa and to amend By-law Number 169-93 of the former City of Kanata to change the zoning
for the property known municipally as 300 Eagleson Road.
2008-405
A by-law of the City of Ottawa to amend By-law No. 2008-250 of the City of
Ottawa and to amend By-law No. 333 of 1999 of the former
City of Gloucester to change the zoning for the properties known municipally as
4407 Farmers Way and parts of 5281 Eighth Line Road and 4411 Farmers Way, and
to repeal By-law No. 2008-372.
2008-406
A by-law of the City of Ottawa to amend By-law No. 2008-250 of the City of
Ottawa and to amend By-law Number 74-79 of the former City of
Kanata to change the zoning for part of the properties known municipally as 175
and 425 March Valley Road.
2008-407
A by-law of the City of Ottawa to amend By-law No. 2008-250 of the City of
Ottawa and to amend By-law Number
93-98 of the former City of Ottawa to change the zoning for the property
known municipally as 1840 Walkley Road.
2008-408
A by-law of the City of Ottawa to amend By-law No. 2008-250 of the City of
Ottawa to change the zoning for the property known municipally as 3500 Jockvale
Road.
2008-409
A by-law of the City of Ottawa to amend By-law No. 2008-250 of the City of
Ottawa and to amend By-law Number
93-98 of the former City of Ottawa to change the zoning for the property
known municipally as 340 Industrial Avenue.
2008-410
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.
CARRIED
Confirmation
By-law
Moved by Councillor R. Chiarelli
Seconded by Councillor M. Wilkinson
THAT By-law 2008-411 to confirm the proceedings of Council be enacted
and passed.
CARRIED
Inquiries
No inquiries were filed.
Adjournment
Council adjourned the meeting at 7:00 p.m.
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CITY CLERK |
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MAYOR |