OTTAWA CITY COUNCIL

12 November 2008

ANDREW S. HAYDON HALL

10:00 a.m.

 

MINUTES 47

 

 

The Council of the City of Ottawa met at Andrew S. Haydon Hall, 110 Laurier Avenue West, Ottawa, on 12 November 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 Doug and Pam Champagne.

 

 

Announcements/Ceremonial Activities

 

RECOGNITION – WOMAN ABUSE PREVENTION MONTH

 

Mayor O’Brien declared November 2008 as Woman Abuse Prevention Month in the City of Ottawa.  The Mayor then presented a framed proclamation to Karen MacInnis, Executive Director, Interval House of Ottawa.

 

 

Roll Call

 

ALL MEMBERS WERE PRESENT.

 

 

Confirmation of Minutes

 

The Minutes of the regular and In Camera meeting of 22 October 2008 and the Special Meeting of 4 November 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 :

·         Report of the Provincial-Municipal Fiscal and Service Delivery Review Released

 

·                    Responses to Inquiries

·        Inquiry CC 30-08 – Capital Asset Data Base

·        Inquiry CC 35-08 - Requirements to be Classified as a Manager

 

 

Regrets

 

No Regrets were filed.

 

 

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.

 

CITY COUNCIL 22 OCTOBER 2008

 

1)         Audit of the 2006 Sewage Spill

 

MOTION NO. 45/3

 

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

 

MOTION NO. 45/4

 

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

 

(See also Planning and Environment Committee Report 40, Item 1 – Page 13)

 

CITY COUNCIL 12   NOVEMBER 2008

 

MOTION NO. 47/1

 

Moved by Councillor M. McRae

Seconded by Councillor C. Leadman

 

WHEREAS on 22 October 2008, the City’s Auditor General tabled the following two audit reports with Council: 1) Audit of the 2006 Sewage Spill; and 2) Audit of the City of Ottawa Water Rate; 

 

AND WHEREAS the Audit of the 2006 Sewage Spill was referred directly to the City Council meeting of 12 November 2008, while the Audit of the City of Ottawa Water Rate was referred to the special meeting of the Planning and Environment Committee of 29 October 2008 to receive public delegations and would rise to the 12 November 2008 Council meeting;

 

AND WHEREAS the Auditor General has advised Members of Council he will be unable to attend the Council meeting of 12 November 2008;

 

AND WHEREAS staff has advised that the Agenda for the Council meeting of 26 November is expected to be quite heavy;

 

BE IT THEREFORE RESOLVED THAT 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, together with Planning and Environment Committee Report 40, Item 1 entitled "Public Delegations – Office of the Auditor General – Audit of the city of Ottawa Water Rate” be deferred to the 10 December 2008 Council meeting.

 

                                                                                                            DEFERRAL CARRIED

 

 

Motion to Introduce Reports

 

MOTION NO. 47/2

 

Moved by Councillor M. Wilkinson

Seconded by Councillor D. Deans

 

That Community and Protective Services Committee Report 32, Corporate Services and Economic Development Committee Reports 32A and 33, Planning and Environment Committee Reports 39 and 40, Transit Committee Report 19 and Transportation Committee Reports 22A and 23, be received and considered.

 

                                                                                                            CARRIED

 

 

COMMUNITY AND PROTECTIVE SERVICES COMMITTEE REPORT 32

 

 

1.             CHILDREN AND YOUTH AGENDA - UPDATE

 

 

Committee RecommendationS

 

That Council:

1.                  Endorse the Children and Youth Agenda Framework for promoting healthy child and youth development; and

 

2.                  Endorse the creation of a Children and Youth Community Leadership Table in the City of Ottawa to champion the Children and Youth Agenda.

 

                                                                                                            CARRIED

 

 

 

2.             OTTAWA PARAMEDIC SERVICE –– 2008 TRENDS REPORT

 

 

Committee Recommendation

 

That Council receive this report for information.

 

                                                                                                            RECEIVED

 

 

 

3.             OTTAWA PARAMEDIC SERVICE – 2008 HOSPITAL WAIT TIME REPORT

 

 

 

Committee Recommendation

 

That Council receive this report for information.

 

                                                                                                            RECEIVED

 

 

 

4.             RESPONSES TO REQUESTS FOR SIGN LANGUAGE INTERPRETATION AT COMMUNITY MEETINGS

 

 

Committee RecommendationS AS AMENDED

 

That Council approve:

 

1.         That a budget of $25,000 be established by the Clerk through the duration of the term of Council to supply American Sign Language interpretation at advertised Mayor or Councillors’ community meetings where persons with hearing impairment request such interpretation.

 

2.         That this be a pilot project monitored by staff to determine if it would result in an added budget pressure.

 

3.         That staff report to Community and Protective Services Committee in June 2009 with a progress report.

 

                                                                                                            CARRIED

 

 

 

5.             WAIVER OF RENTAL FEES FOR PARKS AND SPORTS FIELDS FOR RESCHEDULING DUE TO INCLEMENT WEATHER

 

 

Committee Recommendation

 

That Council approve that local sports leagues are not charged additional fees to reschedule bookings which result from inclement weather.

 

                                                                                                            CARRIED

 

 

CORPORATE SERVICES AND ECONOMIC DEVELOPMENT COMMITTEE REPORT 32A

 

 

1.             bILLBOARD ADVERTISING PROGRAM

 

 

Committee Recommendations as amended

 

That Council:

 

1.         Direct the Deputy City Manager of City Operations to work with the Deputy City Manager of Infrastructure Services and Community Sustainability and staff from Building Code Services to identify additional City-owned properties suitable for signage opportunities;

 

a)   that any costs incurred to identify suitable locations will be offset by revenues generated from the Billboard Advertising Program;

 

2.         Direct the Deputy City Manager of City Operations to return to Council by the 2nd quarter of 2009 with a list of proposed sites for Council’s consideration;

 

a)   that once Council has approved the proposed site locations, that a Request for Proposal process be utilized in order to solicit bids from the outdoor sign industry;

 

3.         Direct staff to explore opportunities for corporate sponsorship within City of Ottawa buildings.

 

                                                                                                            CARRIED

 

CORPORATE SERVICES AND ECONOMIC DEVELOPMENT COMMITTEE REPORT 33

 

 

1.             AppointmentS to The Bank street BUSINESS IMPROVEMENT AREA BOARD OF MANAGEMENT

 

 

Committee Recommendation

 

That Council approve the appointments of Larry Hartman, Derrick Thompson and Michel Parent to the Bank Street Business Improvement Area Board of Management for the term expiring November 30, 2010. 

 

                                                                                                            CARRIED

 

 

 

2.             MOTION - Review of the City’s Economic Development Delivery Model and Refresh of the 2003 Economic Strategy

 

 

Committee RecommendationS

 

That Council direct the City’s Economic Development Division to report back in Q1 of 2009 with a process to update the City’s Economic Strategy, including reviewing the City’s current economic development delivery model.

 

                                                                                                            CARRIED

 

 

 

3.             MOTION - strategy for the period at which we emerge from economic slowdown/recession

 

 

Committee Recommendation as amended

 

That Council approve that the City seek to partner with its Business Advisory Committee, the Ottawa Centre for Research and Innovation (OCRI), The Ottawa Partnership (TOP), the Regroupement des gens d’affaires (RGA) and labour to conduct a Strengths, Weaknesses, Opportunities and Threats (S.W.O.T.) analysis to determine who we need to bring to the table (what parts of the private sector, business and labour) to develop a strategy to focus on and amplify on the skills and assets that constitute our comparative advantage for the period at which we emerge from economic slowdown/recession.

 

                                                                                                            CARRIED

 

PLANNING AND ENVIRONMENT COMMITTEE REPORT 39

 

 

1.             BEECHWOOD CEMETERY VIEW PROTECTION - OFFICIAL PLAN AND ZONING AMENDMENT

 

 

Committee recommendations as amended

 

(This matter is subject to Bill 51)

 

That Council:

 

1.                  Approve the proposed changes to the Zoning By-law 2008-250 as detailed in Document 2-10 with the exception of 222 Beechwood Avenue, which will be considered on November 14, 2008.

 

2.                  Approve the proposed changes to the former City of Ottawa Zoning By-law as detailed in Document 2-10.

 

3.                  Approve the proposed changes to the former Village of Rockcliffe Park Zoning By-law as detailed in Document 2-10.

 

4.         Approve the Official Plan Amendment as contained in Document 11.

 

                                                                                                            CARRIED

 

 

 

2.             ZONING - 450 TERMINAL AVENUE

 

 

Committee recommendations

 

(This application is subject to Bill 51)

 

That Council:

 

1.                  Approve an amendment to the City of Ottawa Zoning By-law 2008-250 to change the zoning of 450, 500, 535, 550, and 585 Terminal Aveue and 100 and 150 Trainyards Drive and 515 Industrial Avenue to modify the provisions of the Mixed-Use Centre Zone (MC7) to permit an increase in gross leasable area and a reduction in parking requirements, as detailed in Document 2 and as shown in Document 1; and

 

2.         Approve an amendment to the former City of Ottawa Zoning By-law to change the zoning of 450, 500, 535, 550, and 585 Terminal Aveue and 100 and 150 Trainyards Drive and 515 Industrial Avenue to modify the provisions of the General Industrial (IG3) Zone to permit an increase in gross leasable area and a reduction in parking requirements, as detailed in Document 2 and as shown in Document 1.

 

CARRIED with Councillor C. Doucet dissenting.

 

 

 

3.             HOSPITAL LANDS AREA PLAN AND PROPOSED ZONING BY-LAW AMENDMENT

 

 

Committee recommendations as amended

 

(This matter is subject to Bill 51)

 

That Council:

 

1.         Approve the Hospital Lands Area Plan, (distributed separately and on file with the City Clerk and shown as Document 2), as Council’s direction on the future development of the lands, generally located to the north of Smyth Road and to the east of Alta Vista Drive.

 

2.         Approve an amendment to the Zoning By-law 2008-250 for 255 Smyth Road, 1800 and 1870, 1785 and 1815 Alta Vista Drive, 130 and the south half of 100 Roger Guindon Avenue, and 600, 625, 630, 750, 800 and 850 Peter Morand Crescent as shown in Document 1 and as detailed in Document 3 as amended as follows:

(a)        Row 3 regarding 1800 and 1870 Alta Vista Drive of the table be amended to insert “1867 Alta Vista Drive”;

(b)        Row 4 regarding the north half of 100 Roger Guindon Avenue of the table be amended to insert the height restriction of “H(37.0)” in columns 3 and 5;

(c)        All occurrences of “IP10” in the report be amended to read “IP11”.

(d)        All occurrences of “IP11” in the report be amended to read “IP12”.

(e)        Detail 2 be amended by:

i)          deleting “H(34.0)” and replacing it with “H(37.0)”;

ii)         adding “the minimum required parking aisle for a residential building is 6.0 metres”;

iii)        adding “the minimum front yard setback for a residential building is 4.5 metres”;

iv)        adding “the provisions of clause 206(11)(h) do not apply”

v)         despite clause 206(11)(e) and Table 206G, row (7) “the minimum width of a landscape area abutting the westerly property line is 2.8 metres”.

(f)        Detail 6 be amended by deleting the words “Sections 201(1) and (2)” and replacing them with “Subsections 205(1) and (2)”.

 

3.         Approve an amendment to the Zoning By-law 2008-250 for the north half of 100 Roger Guindon Avenue as shown in Document 1 and detailed in Document 3.

 

MOTION NO. 47/3

 

Moved by Councillor C. Doucet

Seconded by Councillor R. Bloess

 

That Item 3 of Planning and Environment Committee Report 39, Hospital Lands Area Plan and Proposed Zoning By-law Amendment, be referred back to Planning and Environment Committee.

 

LOST on a division of 2 YEAS to 22 NAYS as follows:

 

YEAS (2):        Councillors C. Doucet and G. Hunter.

 

NAYS (22):     Councillors D. Holmes, S. Qadri, J. Harder, G. Bédard, R. Chiarelli, R. Jellett, M. Wilkinson, B. Monette, D. Deans, R. Bloess, G. Brooks, M. Bellemare, P. Feltmate, E. El-Chantiry, J. Legendre, D. Thompson, P. Hume, A. Cullen, S. Desroches, C. Leadman, M. McRae and Mayor O’Brien.

 

Item 3 of Planning and Environment Committee Report 39 was then put to Council and CARRIED.

 

 

 

4.             REVIEW OF THE CORPORATE PESTICIDE USE POLICY

 

 

Committee recommendation

 

That Council adopt the revised Corporate Pesticide Use Policy as presented in Document 1.

 

CARRIED with Councillors R. Jellett and D. Thompson dissenting.

 

 

 

5.             USE OF COLD ENERGY

 

 

Committee recommendation as amended

 

That Council direct staff to, in conjunction with Hydro Ottawa / Energy Ottawa, explore the concept of thermal energy storage using “cold energy” from snow and/or ice to determine if thermal energy storage in combination with, or instead of, traditional energy could be used in some buildings, resulting in reduced operating costs for the municipality.

 

                                                                                                            CARRIED

 

 

 

6.             Cash-in-lieu OF PARKING – 750 bank street

 

 

COMMITTEE RECOMMENDATIONS

 

That Council:

 

1.         Support the objectives of the Traditional Mainstreet objectives by waiving the requirement for parking spaces at 750 Bank Street in keeping with the provisions of the Comprehensive Zoning By-law designation for this site; and

 

2.         Waive the notice requirement for this cash-in-lieu of parking application.

 

 

MOTION NO. 47/4

 

Moved by Councillor C. Doucet

Seconded by Councillor P. Hume

 

BE IT RESOLVED that the Committee Recommendations in Planning and Environment Committee Report 39, Item 6 (Cash-in-lieu of Parking – 750 Bank Street) be deleted and replaced with the following:

 

1.                  City Council supports the objectives of the Traditional Mainstreet designation in the Official Plan and waives the requirement for parking spaces for a proposed restaurant at 750 Bank Street by approving the Cash-in-lieu of Parking Application submitted by the owner (File D07-03-08-0017) for one dollar per space (total nine dollars) reflecting the provisions of the Comprehensive Zoning By-law designation for this site which does not require parking for the proposed restaurant use;

2.                  Recommendation 1 is subject to the applicant entering into an agreement that provides for the same limitations as in By-law 2008-250, Table 101, clause (a)(ii); and

3.                  Waive the notice requirement for this cash-in-lieu of parking application.

 

                                                                                                            CARRIED

 

Item 6 of Planning and Environment Committee Report 39 was then put to Council and CARRIED as amended by Motion No. 47/4.

 

 

PLANNING AND ENVIRONMENT COMMITTEE REPORT 40

 

 

1.             PUBLIC DELEGATIONS - OFFICE OF THE AUDITOR GENERAL - Audit of the CITY OF OTTAWA WATER RATE

 

 

Committee recommendation

 

That Council receive this report for information.

 

                                        DEFERRED BY MOTION NO. 47/2 TO 10 DECEMBER 2008

                                                                        (See City Auditor General item, Pages 2 to 5)

 

 

 

2.             2009 WATER AND WASTEWATER RATE – SUPPORTED DRAFT OPERATING AND CAPITAL BUDGETS, HIGH-LEVEL 2010 AND 2011 BUDGET FORECASTS

 

 

Committee recommendations as amended

 

That Council approve:

 

1.         The 2009 Operating and Capital Budget Estimates, including $6.6M of funding in the Water and Wasterwater rate-supported budget for Phase II construction of Wellington Street (Parkdale to Bayview).

 

2.         The Rate-supported 2010 and 2011 budget forecasts, which incorporate the high-level budget directions provided by Council.

 
MOTION NO. 47/5

 

Moved by Councillor A. Cullen

Seconded by Councillor C. Leadman

 

That the consideration of the Lead Pipe program be referred to the Planning and Environment Committee meeting of December 9, 2008 and to rise to Council on December 10, 2008.

 

LOST on a division of 8 YEAS to 15 NAYS as follows:

 

YEAS (8):        Councillors D. Holmes, R. Chiarelli, D. Deans, M. Bellemare, J. Legendre, A. Cullen, C. Leadman and M. McRae.

 

NAYS (15):     Councillors S. Qadri, J. Harder, G. Bédard, R. Jellett, M. Wilkinson, B. Monette, R. Bloess, G. Brooks, P. Feltmate, E. El-Chantiry, D. Thompson, P. Hume, S. Desroches, G. Hunter and Mayor O’Brien.

 

MOTION NO. 47/6

 

Moved by Councillor R. Chiarelli

Seconded by Councillor G. Hunter

 

WHEREAS the 2009 Water and Wastewater rate-supported draft operating and capital budget was tabled at the Planning and Environment Committee on October 14, 2008, and;

 

AND WHEREAS Account 904683, Southwest Transitway from Baseline to Norice, is included in the first phase of the Transportation Master Plan and is an integral part of the redevelopment of the Centrepointe Town Centre Concept Plan;

 

AND WHEREAS the 2009 Water and Wastewater rate-supported draft operating and capital budget as tabled does not include the rate component to begin the proposed works of the Southwest Transitway Baseline to Norice, and;

 

AND WHEREAS the Centrepointe Town Centre Concept Plan is one of the City's Community Lands Development projects;

 

THEREFORE BE RESOLVED subject to City Council's approval of the project on November 26, 2008 and the remaining funding as part of the 2009 Budget, that Council include $5.4M of funding in the Water and Wastewater rate-supported budget for the Southwest Transitway from Baseline – Norice, to be detailed as part of the staff report being considered by the Joint Transportation Committee and Transit Committee on November 19, 2008.

                                                                                                            CARRIED

 
MOTION NO. 47/7

Moved by Councillor A. Cullen

Seconded by Councillor S. Desroches

 

That the 2009 Water and Wastewater Budgets be deferred until the December 10, 2008 meeting of City Council.

 

LOST on a division of 4 YEAS to 19 NAYS as follows:

 

YEAS (4):        Councillors R. Jellett, A. Cullen, S. Desroches and M. McRae.

 

NAYS (19):     Councillors D. Holmes, S. Qadri, J. Harder, G. Bédard, M. Wilkinson, B. Monette, D. Deans, R. Bloess, G. Brooks, M. Bellemare, P. Feltmate, E. El‑Chantiry, J. Legendre, D. Thompson, P. Hume, C. Leadman, C. Doucet, G. Hunter and Mayor O’Brien.

 

Item 2 of Planning and Environment Committee Report 40 was then put to Council and CARRIED as amended by Motion No. 47/6, with Councillor R. Jellett dissenting and Councillors A. Cullen, S. Desroches and M. McRae dissenting on the 2009 Capital Budget Estimates.

 

TRANSIT COMMITTEE REPORT 19

 

    

1.         FUNDING RE-ALLOCATION FOR THE ARTICULATED BUS GARAGE FACILITY PROJECT

 

 

COMMITTEE RECOMMENDATION

 

That Council approve the transfer of funds as detailed in this report.

 

Council resolved In Camera later in the meeting to consider confidential matters related to this item.  For ease of reference, the Motion to move In Camera and the Minute for this item is shown immediately below.

 

MOTION NO. 47/8

 

Moved by Councillor M. Wilkinson

Seconded by Councillor D. Deans

 

BE IT RESOLVED THAT the Rules of Procedure be waived to permit the receipt of a briefing from the City Solicitor with respect to the Articulated Bus Garage Tender Process;

 

AND BE IT FURTHER RESOLVED THAT Council resolve In Camera pursuant to the Procedure By-law, Subsections 13.(1) (a) security of the property of the City and (e) litigation or potential litigation affecting the City and (f) the receiving of advice that is subject to solicitor-client privilege, including communications necessary for that purpose.

 

                                                                                                            CARRIED

 

IN CAMERA SESSION

 

IN COUNCIL

 

Upon rising in Open Session, Item 1 of Transit Committee Report 19 was then put to Council and CARRIED.

 

 

    

2.             UNIVERSAL STUDENT TRANSIT PASS.

 

 

COMMITTEE RECOMMENDATION AS AMENDED

 

That Council implement in September 2009 a pilot U-pass project for full-time, undergraduate University of Ottawa students at $125 per semester based on full University of Ottawa participation;

 

And that the $2.1M budget pressure be identified in the 2009 budget.

 

MOTION NO. 47/9

 

Moved by Councillor G. Hunter

Seconded by Councillor R. Chiarelli

 

That the Transit Committee Recommendation be amended to delete the portion after “Ottawa Students” and replace with “priced at a revenue neutral point”.

 

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

 

YEAS (12):      Councillors S. Qadri, J. Harder, R. Chiarelli, R. Jellett, B. Monette, G. Brooks, P. Feltmate, E. El-Chantiry, D. Thompson, S. Desroches, G. Hunter and Mayor O’Brien.

 

NAYS (12):     Councillors D. Holmes, G. Bédard, M. Wilkinson, D. Deans, R. Bloess, M. Bellemare, J. Legendre, P. Hume, A. Cullen, C. Leadman, C. Doucet and M. McRae.

Item 2 of Transit Committee Report 19 was then put to Council and LOST on a division of 12 YEAS to 12 NAYS as follows:

 

YEAS (12):      Councillors D. Holmes, G. Bédard, M. Wilkinson, D. Deans, R. Bloess, M. Bellemare, J. Legendre, P. Hume, A. Cullen, C. Leadman, C. Doucet and M. McRae.

 

NAYS (12):     Councillors S. Qadri, J. Harder, R. Chiarelli, R. Jellett, B. Monette, G. Brooks, P. Feltmate, E. El-Chantiry, D. Thompson, S. Desroches, G. Hunter and Mayor O’Brien.

 

MOTION NO. 47/10

 

Moved by Councillor M. Wilkinson

Seconded by Councillor R. Bloess

 

That Item 2 of Transit Committee Report 19 be RECONSIDERED at the next regular meeting of Council scheduled for 26 November 2008.

 

Pursuant to Subsection 64 (4) of Procedure By-law 2006-462, notice of reconsideration CARRIED on a division of 11 YEAS to 13 NAYS (8 votes required) as follows:

 

YEAS (11):      Councillors D. Holmes, G. Bédard, M. Wilkinson, D. Deans, R. Bloess, M. Bellemare, J. Legendre, A. Cullen, C. Leadman, C. Doucet and M. McRae.

 

NAYS (13):     Councillors S. Qadri, J. Harder, R. Chiarelli, R. Jellett, B. Monette, G. Brooks, P. Feltmate, E. El-Chantiry, D. Thompson, P. Hume, S. Desroches, G. Hunter and Mayor O’Brien.

 

 

TRANSPORTATION COMMITTEE REPORT 22A

 

    

1.             A HEALTHY BYWARD MARKET

 

 

committee recommendations as amended

 

That Council approve:

 

a)         Direct staff to explore the feasibility of changing the direction of traffic exiting the ByWard Parking Garage from south to north on William street towards Clarence street, thereby creating a large public space at the corner of York and William streets, which would serve as a gathering place for citizens and market patrons while improving the pedestrian circulation and reducing vehicle congestion, idling, and air pollutants;

 

i)          That, should the above-noted redirection prove feasible, the sidewalk space on the east side of William Street, between York and Clarence streets, be maximized to improve pedestrian circulation;

 

b)         Direct staff to enforce all relevant by-laws to ensure the sidewalks of the Market area are kept as unobstructed as possible by A-frame signs, newspaper boxes, display racks, etc. to improve and encourage pedestrian access and circulation;

 

i)          That should the above prove successful for pedestrians, business operators, and patrons, further traffic reduction and pedestrian enhancing features be considered in the By-Ward Market area; and

 

c)         Direct staff to report back to Committee and Council in one year’s time on progress achieved, and make recommendations for the future, in sufficient time for any required Capital expenditures in the 2010 Budget year.

 

                                                                                                            CARRIED

 

 

    

2.             IMPACTS OF RISING CONSTRUCTION COSTS ON DELIVERY OF 2008 resurfacing program

 

 

committee recommendation

 

That Council receive this report for information.

 

                                                                                                            RECEIVED

 

    

3.             BRIDGE STREET - TRUCK ROUTE MOTION

 

 

committee recommendation

 

That Council approve that Bridge Street in Manotick remain in the Truck Route System as currently designated under schedule ‘XL’ of the Traffic and Parking By-law No. 2003-530. 

 

CARRIED with Councillors G. Brooks and D. Thompson dissenting.

 

 

    

4.             FUEL EFFICIENCY - RESPONSE TO MOTION 39/17

 

 

committee recommendations as amended

 

That Council approve:

 

1.         Receive for information the Eco-Driving Policy and direct staff to incorporate it into the Corporate Policies, by referring to the idling bylaw;

 

2.         Direct staff to continue with options to reduce the amount of CO2 gases being emitted by City-owned vehicles as part of the Fleet Emission Reduction Strategy in Q1 2009.

 

                                                                                                            CARRIED

 

    

5.             Vehicles maintained by Fleet Services

 

 

committee recommendations

 

That Council approve:

 

1.         That City staff be directed to provide a complete list of vehicle classes managed by fleet services that includes:

·              Description of the class,

·              Branch & division that utilizes the vehicles,

·              Current age & estimated lifetime,

·              An average annual operating cost.

 

2.         That City staff identify initiatives to improve operational performance and reduce lifecycle costs.

 

                                                                                                            CARRIED

 

 

TRANSPORTATION COMMITTEE REPORT 23

 

    

1.         JOCKVALE ROAD ENVIRONMENTAL ASSESSMENT STUDY (JOCK RIVER TO PRINCE OF WALES DRIVE

 

 

committee recommendations

 

That Council:

 

1.                  Receive the results of the Jockvale Road Environmental Assessment as shown in Document 1;

 

2.                  Direct staff to prepare the Environmental Study Report for the Jockvale Road Environment Assessment for the 30-day public review, in accordance with the Ontario Environmental Assessment Act; and

 

3.                  Direct staff to undertake necessary property acquisition for the construction of Jockvale Road, in line with the timing identified in the Transportation Master Plan and through the annual Capital Budget Process.

 

MOTION NO. 47/11

 

Moved by Councillor C. Doucet

Seconded by Councillor G. Bédard

 

WHEREAS the costs of fuel, asphalt prices and other construction costs are expected to increase the pressure on the Capital Renewal program by 15% in 2009.

 

WHEREAS 20% of the City’s roads are in need of rehabilitation or reconstruction and there is not funding to complete all there needed repairs.

 

WHEREAS the funding shortfall is expected to increase in the future.

 

BE IT RESOLVED that the Environmental Assessment for the project and property acquisition for Jockvale Road be deferred for five years.

 

LOST on a division of 5 YEAS to 18 NAYS as follows:

 

YEAS (5):        Councillors D. Holmes, G. Bédard, J. Legendre, C. Leadman and C. Doucet. 

 

NAYS (18):     Councillors S. Qadri, J. Harder, R. Chiarelli, R. Jellett, M. Wilkinson, B. Monette, D. Deans, R. Bloess, G. Brooks, M. Bellemare, E. El‑Chantiry, D. Thompson, P. Hume, A. Cullen, S. Desroches, M. McRae, G. Hunter and Mayor O’Brien.

 

Item 1 of Transportation Committee Report 23 was then put to Council and CARRIED with Councillors C. Doucet, J. Legendre, D. Holmes and G. Bédard dissenting.

 

 

Additional Items

 
MOTION NO. 47/12

 

Moved by Councillor M. Wilkinson

Seconded by Councillor D. Deans

 

BE IT RESOLVED THAT the Rules of Procedure be waived with respect to the following matters:

i)          to permit the receipt of a briefing from the City Manager with respect to the corporate organization of the City of Ottawa; and

ii)         to permit the receipt of a briefing from the City Solicitor with respect to the City’s Contract for its Biosolids Beneficial Use Program

 

AND BE IT FURTHER RESOLVED THAT Council resolve In Camera pursuant to the Procedure By-law, 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 item (i) above; and Subsections 13.(1) (a) security of the property of the City and (e) litigation or potential litigation affecting the City and (f) the receiving of advice that is subject to solicitor-client privilege, including communications necessary for that purpose, with respect to item (ii) above.

 

                                                                                                            CARRIED

 

IN CAMERA SESSION

 

IN COUNCIL

 

Motion to Adopt Reports

 

MOTION NO. 47/13

 

That the Community and Protective Services Committee Report 32, Corporate Services and Economic Development Committee Reports 32A and 33, Planning and Environment Committee Reports 39 and 40, Transit Committee Report 19 and Transportation Committee Reports 22A and 23be received and adopted as amended.

 

                                                                                                            CARRIED

 

 

Motions of Which Notice has Been Given Previously

 

MOTION NO. 47/14

 

Moved by Councillor C. Leadman

Seconded by Councillor C. Doucet

 

BE IT RESOLVED that the following motion be referred to the consideration by Corporate Services and Economic Development Committee in January, 2009 of the Development Charge Calculation and Framework Report:

 

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.

 

                                                                                                            REFERRAL CARRIED

 

 

MOTION NO. 47/15

 

Moved by Councillor C. Leadman

Seconded by Councillor C. Doucet

 

BE IT RESOLVED that the following motion be referred to the consideration by Council of the Official Plan Review on 10 December 2008:

 

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.

 

                                                                                                            REFERRAL CARRIED

 

 

MOTION NO. 47/16

 

Moved by Councillor C. Leadman

Seconded by Councillor C. Doucet

 

BE IT RESOLVED that the following motion be referred to the consideration by Corporate Services and Economic Development Committee in January, 2009 of the Mid-Term Governance Review:

 

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.

 

                                                                                                            REFERRAL CARRIED

 

 

MOTION NO. 47/17

 

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;

 

AND WHEREAS the current review of One Stop Service will achieve through organizational redesign more seamless integration of planning approvals and traffic management;

 

AND WHEREAS there is a perception that traffic impact studies have underestimated the magnitude of traffic impact that intensification along Richmond/Wellington Ave has brought.

 

THEREFORE BE IT RESOLVED THAT

 

1)                  In collaboration with the Ward Councillor’s office and interested community members, two properties along the Wellington/Richmond corridor be selected to determine whether the actual traffic generated by the sites is in accordance with what was forecasted in the traffic studies; as well as a third site in the Urban Area being selected by the Chair, Planning and Environment Committee and a fourth site, being within the rural area, being selected by the Chair, Agriculture and Rural Affairs Committee.

 

2)         That a report on the outcome of this review be submitted to Planning and Environment Committee, Agriculture and Rural Affairs Committee and Council.

 

                                                                                                            CARRIED

 

MOTION NO. 47/18

 

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.

 

 

MOTION NO. 47/19

 

Moved by Councillor C. Doucet

Seconded by Councillor G. Bédard

 

WHEREAS the City Manager is undertaking a review of the Lansdowne Live proposal;

 

THEREFORE BE IT RESOLVED that Motion No. 47/18 be tabled and rise for consideration when the City Manager’s evaluation has been completed and is before Council for consideration.

                                                                                                            TABLING CARRIED

 

Motions Requiring Suspension of the Rules of Procedure

 

MOTION NO. 47/20

 

Moved by Councillor D. Holmes

Seconded by Councillor G. Bédard

 

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

 

WHEREAS the citizens of Ottawa and City Council wish to commemorate the life, service and achievements of Marion Dewar;

 

AND WHEREAS Mayor O’Brien, Councillor Holmes and Councillor Bédard considered options to commemorate Marion Dewar;

 

AND WHEREAS Marion Dewar served her country and community as a public health nurse, the Mayor of Ottawa, a Member of Parliament, a volunteer and a peace activist;

 

AND WHEREAS Marion Dewar’s achievements include organizing “Project 4000,” which was Ottawa's response to the Southeast Asian refugee crisis of 1979;

 

AND WHEREAS Marion Dewar was a strong supporter of community arts and festivals;

 

THEREFORE BE IT RESOLVED that “Festival Plaza” located at 110 Laurier Avenue W. be renamed “Marion Dewar Plaza”;

 

AND BE IT FURTHER RESOLVED that a plaque be erected in the plaza at 110 Laurier Avenue W. to commemorate Marion Dewar.

 

                                                                                                            CARRIED

 

MOTION NO. 47/21

 

Moved by Councillor A. Cullen

Seconded by Councillor C. Doucet

 

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

 

WHEREAS the City of Ottawa’s property taxes are based on a rate set by the municipality (for local purposes) and the provincial government (for education purposes) applied against the assessed value of a property, as determined by rules set by the provincial government;

 

WHEREAS the provincial government’s property assessment system is based on current market value of a property, as assessed by the Municipal Property Assessment Corporation, based on market sales;

 

WHEREAS Ottawa’s housing market has led to significantly higher housing prices, leading to higher assessments of residential properties, leading in turn to higher property taxes for many homeowners, despite no increase in City services and unrelated to any change to the homeowner’s income;

 

WHEREAS the current provincial re-assessment of residential properties will lead to over 90,000 homes in Ottawa (over one-third) facing property tax increases as a result of higher assessments, causing distress particularly to young families with children and seniors with retirement incomes, who now face tax increases through no action of the City of Ottawa and no change in their financial circumstances;

 

WHEREAS this creates a taxation system that lacks accountability, creates financial hardship without relation to either the value of municipal services being provided or the taxpayer’s ability to pay;

 

THEREFORE be it resolved that the City of Ottawa urge the Provincial Government, through the Premier of Ontario, the Minister of Finance, and the Minister of Municipal Affairs & Housing, to begin a public review of its system of property assessment, including review of possible alternatives;

 

AND that the Association of Municipalities in Ontario be requested to endorse this request by the City of Ottawa for such a public review of Ontario’s system of property assessment;

 

AND that this motion be copied to Ottawa-area M.P.P.s and the Municipal Affairs critics of the two opposition parties, and other municipalities in Ontario.

 

                                                                                                            CARRIED

 

 

Notices of Motion (For Consideration at Subsequent Meeting)

 

MOTION

 

Moved by Councillor C. Doucet

Seconded by Councillor C. Leadman

 

WHEREAS it is the policy of the Province of Ontario to promote transit;

 

AND WHEREAS a portion of the capital cost of transit is to be recovered from growth;

 

AND WHEREAS the Development Charges Act presently requires that growth only pay for 90% of the capital costs of transit related to growth;

 

AND WHEREAS the Development Charges Act requires the average level of service in the 10 years prior to the background study rather than on the planned level of service following the background study.

 

AND WHEREAS it is the goal of the City and of the Province to increase levels of transit; 

 

BE IT RESOLVED THAT the Provincial Government be called upon to eliminate the 10% reduction required for transit capital costs presently required by the Development Charges Act, paragraph 8 of subsection 5(1); and,

 

THAT the Provincial Government be called upon to eliminate the method used to determine the increase for the need for transit service presently required by the Development Charges Act, paragraph 4 of subsection 5(1).

 

MOTION

 

Moved by Councillor S. Qadri

Seconded by Councillor E. El-Chantiry

 

WHEREAS the City of Ottawa has been a past supporter of Mother’s Against Drunk Driving (MADD)’s Project Red Ribbon campaign to raise awareness of drinking and driving;

 

AND WHEREAS every year from the beginning of November to the first Monday after January 1st, MADD distributes red ribbons signifying a personal commitment of the individual to drive sober.

 

AND WHEREAS Mayor O'Brien attended the Project Red Ribbon campaign launch last year and supported the red ribbons being displayed on all city vehicles;

 

AND WHEREAS City policy requires Council approval for special ribbons to be displayed on City vehicles;

 

THEREFORE BE IT RESOLVED City Council approve all City of Ottawa vehicles be permitted to support the Project Red Ribbon campaign by displaying a ribbon on their vehicle.

 

MOTION

 

Moved by Councillor El-Chantiry

Seconded by Councillor M. McRae

 

WHEREAS in May 2007, Bill 221, being the Workplace Safety and Insurance Amendment Act (Presumptions for Firefighers), 2007, has passed into legislation and recognizes workplace safety and insurance entitlement for full-time (career) firefighters who have incurred certain work-related occupational diseases; and

 

WHEREAS in April 2007 the Community and Protective Services Committee and Council approved Councillor McRae’s motion of support for this legislation prior to its adoption in the Ontario Legislature; and

 

WHEREAS it was presumed at that time that such legislation would also apply to volunteer firefighters who face the same exposures as their full-time (career) peers; and

 

WHEREAS it appears that the extension of this legislation to cover volunteer firefighters is now uncertain; and

 

WHEREAS the vital service that Ottawa’s volunteer firefighters provide in protecting the lives and properties of rural citizens must be recognized by treating them and their families fairly and with the same respect and rights as their full-time (career) peers;

 

THEREFORE BE IT RESOLVED THAT Ottawa City Council call on the Ontario Provincial Government to move as quickly as possible to ensure that Bill 221 protection be extended to include the same level of coverage for volunteer firefighters in the Nation's Capital and throughout the Province of Ontario.

 

 

 

Motion to Introduce By-laws                                                    Three Readings

 
MOTION NO. 47/22

 

Moved by Councillor M. Wilkinson

Seconded by Councillor D. Deans

 

That the following by-laws be enacted and passed:

 

2008-413                 A by-law of the City of Ottawa to establish certain lands as common and public highway and assume them for public use (Casabella Drive).

 

2008-414                 A by-law of the City of Ottawa to repeal By-law No. 2008-395 and 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).

 

2008-415                 A by-law of the City of Ottawa to designate 394, 404, 412, 424, 426, 428 and 430 Statewood Drive, as being exempt from Part Lot Control.

 

2008-416                 A by-law of the City of Ottawa to designate 1644, 1648, 1652, 1656 and 1664 Curly Lane, as being exempt from Part Lot Control.

 

2008-417                 A by-law of the City of Ottawa to designate 274 - 356 Applecross Crescent, 928, 930, 932, 934, 936, 938, 940, 942, 944, 946, 948, 950, 952, 954, 956, 958, 960, 962, 964, 966, 968, 970, 972, 974, 976, 978, 980, 982, 984, 986, 988, 990, 992, 994, 996, 998, 1000, 1002, 1004, 1006, 1008, 1010, 1012, 1014 and 1016 Klondike Road, 1055, 1057, 1059, 1061, 1063, 1065, 1067, 1069, 1071, 1073, 1075, 1075, 1077, 1079, 1081, 1083 and 1085 Marconi Avenue, 1086 -1127 Marconi Avenue, 79 and 81 Shirley’s Brook Drive, as being exempt from Part Lot Control.

 

2008-418                 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 properties known municipally as 450, 500, 535, and 585 Terminal Avenue, part of 100 Trainyards Drive, 150 Trainyards Drive and 515 Industrial Avenue.

 

2008-419                 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 part of the property known municipally as 100 Roger Guindon Avenue.

 

2008-420                 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 255 Smyth Road, 1800 and 1870, 1785, 1815 and 1867 Alta Vista Drive, 130 and the south half of 100 Roger Guindon Avenue, and 600, 625, 630, 750, 800 and 850 Peter Morand Crescent.

 

2008-421                 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. 100-2000 of the former City of Nepean to change the zoning for the properties known municipally as 24 Chesapeake Crescent and 164 Maravista Drive.

 

2008-422                 A by-law of the City of Ottawa to amend By-law No. 2008-250 of the City of Ottawa and By-law No. 64-82 of the former City of Cumberland to remove the holding symbol from the property known municipally as 3145 Wilhaven Drive.

 

2008-423                 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

 

MOTION NO. 47/23

 

Moved by Councillor R. Chiarelli

Seconded by Councillor M. Wilkinson

 

THAT By-law 2008-424 to confirm the proceedings of Council be enacted and passed.

 

                                                                                                            CARRIED

 

 

Inquiries

 

No inquiries were filed.

 

 

Adjournment

 

Council adjourned the meeting at 4:10 p.m.

 

 

 

 

 

 

 

 

CITY CLERK

 

MAYOR