OTTAWA CITY COUNCIL

28 January 2009

ANDREW S. HAYDON HALL

10:00 a.m.

 

AGENDA 58

 

 

 

1.       Prayer

 

 

2.                 National Anthem (Councillor S. Desroches)

 

 

3.       Announcements/Ceremonial Activities

·                    Recognition - Heart Month

 

 

4.       Roll Call

 

 

5.       Confirmation of Minutes

 

Confirmation of Minutes of the regular and In Camera meetings of 14 and 15 January 2009 and the special and In Camera meetings of 16 January 2009 and 21 January 2009.

 

 

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

 

 

7.       Communications

 

·                    Association of Municipalities of Ontario (AMO) Alerts :

·                    AMO's Pre-Budget Submission calls for Increased Infrastructure Investment

·                    Support of the AMO Position on the Waste Diversion Act (WDA) and the Blue Box Program Plan (BBPP) Review.

 

·                    Responses to Inquiries

·        Inquiry 44-08 – Security of Confidential Items on the City Network

·        Inquiry 45-08 - Route 600 series (school) buses – Service on PD days

·        Inquiry 01-09 – Taxi Service During the Transit Strike

 

 

8.       Regrets

 

Councillors B. Monette and E. El-Chantiry have advised they will be absent from the Council meeting of 28 January 2009

 

 

9.                 Reconsiderations

 

CITY COUNCIL 14 JANUARY 2009

 

TRANSPORTATION COMMITTEE REPORT 24

 

 

1.             INTERPROVINCIAL CROSSINGS STUDY – NCC PRESENTATION – PHASE 1 STUDY               FINDINGS AND RECOMMENDATIONS

 

 

COMMITTEE RECOMMENDATIONS AS AMENDED

 

1.         c.         That the corridor for the Lower Duck option 6 or 7 be protected and included in Phase 2 for evaluation.

 

Resolution 1.c. was put to Council and CARRIED on a division of 12 YEAS to 11 NAYS as follows:

 

YEAS (12):      Councillors M. Wilkinson, C. Leadman, R. Chiarelli, P. Feltmate, D. Holmes, M. McRae, D. Deans, P. Hume, G. Brooks, G. Bédard, J. Legendre and C. Doucet.

 

NAYS (11):     Councillors A. Cullen, S. Qadri, D. Thompson, M. Bellemare, S. Desroches, E. El-Chantiry, R. Bloess, G. Hunter, R. Jellett, B. Monette and Mayor O’Brien.

 
MOTION NO. 54/3

 

Moved by Councillor B. Monette

Seconded by Councillor R. Jellett

 

That Resolution 1. c. of Item 1, Transportation Committee Report 24 be RECONSIDERED at the next regular meeting of Council scheduled for 28 January 2009.

 

Pursuant to Subsection 64 (4) of Procedure By-law 2006-462, notice of reconsideration CARRIED on a division of 11 YEAS to 12 NAYS (8 votes required) as follows:

 

YEAS (11):      Councillors A. Cullen, S. Qadri, D. Thompson, M. Bellemare, S. Desroches, E. El-Chantiry, R. Bloess, G. Hunter, R. Jellett, B. Monette and Mayor O’Brien.

 

NAYS (12):     Councillors M. Wilkinson, C. Leadman, R. Chiarelli, P. Feltmate, D. Holmes, M. McRae, D. Deans, P. Hume, G. Brooks, G. Bédard, J. Legendre and C. Doucet.

 

 

10.     Motion to Introduce Reports

(Councillors D. Deans and M. Bellemare)

 

 

 

CITY CLERK AND SOLICITOR

 

 

1.             STATUS UPDATE – COUNCIL INQUIRIES AND MOTIONS FOR THE PERIOD ENDING 14 JANUARY 2009

 

 

REPORT RECOMMENDATION

 

That Council receive this report for information.

 

 

AGRICULTURE AND RURAL AFFAIRS COMMITTEE REPORT 35A

 

 

1.             HIGHWAY 7 EXPANSION FROM HIGHWAY 417 TO ASHTON STATION ROAD -
NAMING OF SERVICE ROADS

 

 

COMMITTEE RECOMMENDATIONS

 

That Council approve the following names for the two service roads created as part of Phase 2 of the expansion of Highway 7:

 

1.         Golf Club Way for the south service road from Dwyer Hill Road to just east of the Canadian Golf and Country Club.

 

2.         West End Way for the south service road from Ashton Station Road easterly to a cul-de-sac near Overpass Road.

 

 

 

2.             ZONING - 5073 AND 5089 RUSHMORE ROAD

 

 

COMMITTEE RECOMMENDATIONS

 

(This application is subject to Bill 51)

 

That Council approve an amendment to Zoning By-law 2008-250 to:

 

1.         Change the zoning of 5073 Rushmore Road from AG2 (Agricultural - subzone 2) to AG[319r] (Agricultural zone - rural exception 319) as shown in Document 1 and as detailed in Document 2.

 

2.         Change the zoning of 5089 Rushmore Road from AG2 (Agricultural - subzone 2) to AG6 (Agricultural subzone 6) to prohibit dwellings from being constructed on the lands as shown in Document 1 and as detailed in Document 2.

 

 

CORPORATE SERVICES AND ECONOMIC DEVELOPMENT COMMITTEE REPORT 35

 

 

1.         TOWARDS EXCELLENCE IN THE APPLICATION OF THE CITY OF OTTAWA’S BILINGUALISM POLICY

 

 

Committee Recommendation

 

That Council adopt the recommendations contained in this report.

 

 

 

2.         DELEGATION OF AUTHORITY – CONTRACTS AWARDED FOR THE PERIOD JULY 1 TO SEPTEMBER 30, 2008, AND LEGAL OUTSOURCING COSTS

 

 

Committee Recommendation

 

That Council receive this report for information.

 

 

 

3.         TAXES – REMISSIONS – REPORT #3, 2008

 

 

Committee RecommendationS

 

1.  In accordance with Sections 334, 354, 357 and 358 of the Municipal Act, that Council approve taxes totalling $877,426.30 be cancelled, reduced or refunded in accordance with the list, entitled as Document 1.

 

Authority - Sections 334, 354, 357 and 358                                                                      

Amount

 

 

Fire, demolition or otherwise                                                                                   

$ 284,191.34

Mobile Unit Removed

938.95

As a result of a change event                                                                                         

3,759.91

Property became exempt from taxation                                                                     

156,319.73

Substantialy unusable                                                                                                        

38,962.93

Gross or manifest error                                                                                                    

58,854.50

Unused due to renovations/repairs                                                                                

128,640.53

Previous year gross or manifest error                                                                        

160,088.35

Due to previous year 357/358                                                                                         

21,097.37

Bank Street Business Improvement Area

89.55

Rideau Street Business Improvement Area

561.27

Byward Market Business Improvement Area                                                                   

453.68

Sparks Street Business Improvement Area                                                                       

35.76

Heart of Orleans Business Improvement Area

(4.40)

Vanier Business Improvement Area                                                                                       

51.19

Capping/Phase-in Adjustments                                                                                 

$23,385.64

 

 

Tax Adjustments                                                                                                       

$877,426.30  

 

2.      That the “ no recommendation” decisions on the list entitled Document 2 be approved.

 

 

 

4.             DEVELOPMENT CORPORATIONs FOR CITY OWNED LANDS

 

 

 

Committee RecommendationS

 

That Council:

 

1.                  In accordance with the findings of the Best Practices Studies regarding disposal and development of municipal properties as outlined in Documents 1 & 2, the City continue, in accordance with leading edge municipal practices to use internal resources for the disposal of surplus City properties and to use development corporations on a project by project basis for undertaking City property development initiatives;

 

2.                  As part of its governance structure, the City continue to clearly separate the responsibilities of the City’s real estate functions, as currently carried out by the Real Property Asset Management Branch (RPAM), from the City’s planning, regulatory and program functions to allow Council to balance competing interests when making real property decisions;

 

3.                  The City proceed with the incorporation of the Community Lands Development and Manotick Mill Corporations as described in Documents 3 & 4;

 

4.                  Upon incorporation of the Community Lands Development Corporation (CLDC), the City transfer its Longfields Subdivision lands, as described in this report and shown in Document 5 in order for the CLDC to take action to comply with the conditions for registration to enter into a subdivision agreement with the City; and to proceed with the sale of the lands on behalf of the City with all sales revenue accruing to the City;

 

5.                  In advance of the transfer of the Longfields Subdivision lands to the CLDC, the City immediately offer for sale at current market value and with conditions to reflect the draft plan approval conditions and the transfer to the CLDC, the Neighbourhoods #3 & #4 and the Institutional Bocks as shown in Document 5 and as described in this report;

 

6.                  Before transferring any lands in the Centrepointe Town Centre (CTC) to the CLDC to implement the CTC Concept Plan, as shown in Document 6, the City continue to work with Algonquin College on exploring joint development opportunities for the City and the College within the CTC, including securing additional public and private sector funding to the benefit of both parties; and

 

7.                  Upon incorporation of the Manotick Mill Quarter Corporation (MMQC), the City transfer to the MMQC the Mill Quarter properties as described in this report, and shown as Parcels “A”, “B”, “D” & “E” on the Annex “A” plan attached as Document 7, to carry out the mandate of the MMQC as outlined in Document 4.

 

 

 

5.         SALE OF LAND - 1950 MERIVALE ROAD

 

 

Committee RecommendationS

 

That Council:

 

1.      Declare a parcel of vacant land containing an area of 526 m2, described as part of Lot 26, Concession 1, (RF), geographic Township of Nepean now City of Ottawa, shown hatched on the attached Annex “A” as surplus to the City’s needs;

 

2.      Waive the former owners’ right to purchase the parcel described in Recommendation 1, as provided for under Section 42 of the Expropriations Act; and

 

3.      Approve the sale of the land outlined in Recommendation 1, subject to any easements that may be required, to IGW Properties GP 1 INC. for $38,000.00 plus GST, pursuant to an Agreement of Purchase and Sale that has been received.

 

 

 

 

6.         LAND EXCHANGE - 3020 HAWTHORNE ROAD

 

 

Committee RecommendationS

 

That Council:

 

1.      Declare a parcel of vacant land containing an area of 262 m2, described as Part 4 on Reference Plan 4R-19420 (Parcel “A”) , as surplus to the City’s needs; and

 

2.      Approve the sale of the land outlined in Recommendation 1, subject to any easements that may be required, together with the transfer of easement rights in Parts 8 and 10 on Reference Plan 4R-19420 (Parcel “B”) to Enbridge Gas Distribution Inc. in exchange for a parcel of land containing an area of 651.57 m2, described as Part 6 on Reference Plan 5R-231 (Parcel “C”), pursuant to an Agreement of Purchase and Sale that has been received.

 

 

 

7.         Ottawa Paramedic Service – Acquisition of 2475 Don reid drive

 

 

Committee RecommendationS

 

That Council:

 

1.                  Approve the acquisition of an improved industrial site located at 2475 Don Reid Drive (PIN 04741-0043), from 845470 Ontario Inc., described as being located in Part of Lot 1, Concession 4, City of Ottawa, formerly in the geographic Township of Gloucester, as shown on the attached Annex “A”, required for the Ottawa Central Ambulance Communications Centre (CACC), for the total consideration of $1,945,000 plus land transfer tax, and GST, subject to the Province committing to the total funding for this project, (to include all fit-up, operating and carrying costs);

 

2.                  Approve the upset payment of $11,000 to 845470 Ontario Inc., for costs related to extending closing, as set out in this report;

 

3.                  Approve the payment of costs to Forum Equity Partners Inc., to an upset limit of  $40,000 for expenses incurred by Forum relating to the lease negotiations and the assignment of the Purchase and Sale Agreement to the City permitting it to acquire the property set out in Recommendation 1;

 

4.                  Authorize debt in the amount of up to $5.9M to finance the acquisition and necessary fit-up work as outlined in this report; and

 

5.                  Approve the retention of Griffiths Rankin Cook Architects as the architect and AECON Building Ottawa as the general contractor for the project in accordance with Section 22 (1)(c) of the Purchasing By-law for the reasons as outlined in this report.

 

 

 

8.         FRONT-ENDING AGREEMENT FOR SHIRLEY'S BROOK STORMWATER MANAGEMENT FACILITY #1 WEST

 

 

Committee RecommendationS AS AMENDED

 

That Council :

 

1.      Authorize the City to enter into a front-ending agreement with Riotrin Properties (March Road) Inc. for the construction of the Shirley’s Brook Storm Water Management Facility #1 West based upon the principles set forth in Document 2, and the Council approved Front-Ending Policy noted in Document 3 with the final form and content of the front-ending agreement being to the satisfaction of the Deputy City Manager, Infrastructure Services and Community Sustainability Department and the City Solicitor as amended by the following;

 

a)      That repayment under the front-ending agreement for the Stormwater Management Facility #1 West be varied so that Riotrin Properties receive 100% of the funds paid on their property, subject to confirmation being received from the beneficiaries of the two Shirley’s Brook Ponds East by the time this report rises to Council;

 

 2.  Authorize the expenditure of $950,600 for the construction of the Shirley’s Brook SWMF #1 West subject to the execution of the front-ending agreement; and

 

3.      Authorize the City to establish a budget in the amount of $950,600 for the Shirley’s Brook Storm Water Facility #1 west, under Internal Order number:  903328:  Area W-2 Shirley’s Brook W SWM Pond 1.

 

 

 

 

9.         ST. JOSEPH BOULEVARD COMMUNITY IMPROVEMENT PLAN

 

 

Committee RecommendationS

 

That Council:

 

1.                  Enact a by-law to designate the area shown as Schedule “A” on Document 1 as the St. Joseph Boulevard Community Improvement Plan Project Area;

 

2.                  Enact a by-law to adopt the St. Joseph Boulevard Community Improvement Plan as detailed in Document 2 and 3; and

 

3.                  Delegate to the General Manager, Planning and Growth Management the authority to approve Community Improvement Plan grant applications for which the total combined grant amount does not exceed $250,000.00, subject to an annual financial reporting to Council.

 

 

OTTAWA POLICE SERVICES BOARD REPORT 13

 

 

1.                 POLICE SERVICES BOARD ACTIVITY, TRAINING AND PERFORMANCE – 2008 ANNUAL REPORT

 

 

BOARD RECOMMENDATION

 

That Council receive this report for information.

 

 

 

2.             2008 BOARD COMMUNITY ENGAGEMENT STRATEGY – STATUS REPORT

 

 

BOARD RECOMMENDATION

 

That Council receive this report for information.

 

 

PLANNING AND ENVIRONMENT COMMITTEE REPORT 44A

 

 

1.             ZONING - 1601 SIEVERIGHT AVENUE

 

 

Committee recommendation

 

(This application is subject to Bill 51)

 

That Council approve an amendment to the Zoning By-law 2008-250 to change the zoning of 1601 Sieveright Avenue from Light Industrial - IL2 H(14) to Residential First Density - R1W as shown in Document 1.

 

 

 

2.             ZONING - 1080 BANK STREET

 

 

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 1080 Bank Street, as shown in Document 1, from Traditional Mainstreet - TM2 H (15) and Traditional Mainstreet - TM2 [98] H(14) to TM2 [98] H(15) as detailed in Document 2.

 

2.         Approve an amendment to the former City of Ottawa Zoning By-law 93-98 to change the zoning provisions for part of 1080 Bank Street, as shown in Document 1, to reduce the separation for a parking lot from a public street, as detailed in Document 2.

 

 

 

3.             ZONING - 1238 MARENGER STREET

 

 

Committee recommendation

 

(This application is subject to Bill 51)

 

That Council approve an amendment to Zoning By-law 2008-250 to amend the Residential Fourth Density Zone, Subsection Z, Exception 1241 (R4Z[1241]) of 1238 Marenger Street as detailed in Document 2.

 

4.             OFFICIAL PLAN AMENDMENT FOR COMPLETE APPLICATION AND PRE-APPLICATION CONSULTATION AND INFORMATION ON MANDATORY PRE-APPLICATION CONSULTATION

 

 

agriculturE and rural affairs committee and Planning and environment Committee recommendations

 

(This matter is subject to Bill 51)

 

That Council:

 

1.         Approve Official Plan Amendment xx, to implement recent changes to the Planning Act regarding complete applications and pre-application consultation, as detailed in Document 1.

 

2.         Receive the information contained in this report regarding the process for pre-application consultation.

 

 

 

5.             AMENDMENT TO PLANNING APPLICATION FEES BY-LAW AND CONDOMINIUM APPLICATION TIMELINES

 

 

agriculturE and rural affairs committee and Planning and environment Committee recommendations as amended

 

That Council:

 

1.         Approve the establishment of new fees for Common Elements and Vacant Land Plans of Condominium, as detailed in Document 1 as amended to correct legal fees, and amend the Planning Fees By-law accordingly, effective 1 February 2009; and

 

2.         Approve the establishment of a revised timeline for Common Elements and Vacant Land Plans of Condominium applications, as detailed in Document 2.

 

3.                  Replace reference in Document 1 of “1,606.50 Legal Fee + GST” with  “1,530.00 Legal Fee + GST” and correct reference to “687.75 Legal Fee + GST” with “655.00 Legal Fee + GST”.

 

 

 

 

6.             PRESTON STREET REHABILITATION between Spruce and Albert Streets

 

 

Committee recommendation

 

That Council approve that funds in the amount of $1.9 million required for the water portion ($570,000) and sewer portion ($1,330,000) of this project be allocated from the water/sewer reserves.

 

 

11.     Motion to Adopt Reports

(Councillors D. Deans and M. Bellemare)

 

 

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

 

 

13.     Motion to Introduce By-laws                                          Three Readings

(Councillors D. Deans and M. Bellemare)

 

a)                  A by-law of the City of Ottawa to establish fees and charges for services, activities and information provided by the Revenue Division of the Financial Services Branch of the City Manager’s Office.

 

b)                  A by-law of the City of Ottawa to amend By-law No. 2006-300 respecting fees and charges for solid waste services.

 

c)                  A by-law of the City of Ottawa to amend By-law No. 2006-76 respecting fees and charges for Ottawa Fire Services.

 

d)                  A by-law of the City of Ottawa to amend By-law No. 2006-75 respecting fees and charges for inspections and file searches by Ottawa Fire Services.

 

e)                  A by-law of the City of Ottawa to amend By-law No. 2008-483 respecting fees for vacant land and common elements condominiums.

 

f)                    A by-law of the City of Ottawa to amend By-law No. 2004-163 respecting fees for open air fire permits

 

g)                  A by-law of the City of Ottawa to designate 345 Celtic Ridge, as being exempt from Part Lot Control.

 

h)                  A by-law of the City of Ottawa to establish certain lands as common and public highway and assume them for public use.

 

i)                    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 5073 and 5089 Rushmore Road.

 

j)                    A by-law of the City of Ottawa to amend the Official Plan for the City of Ottawa to implement policies concerning pre-application consultation and prescribed information for planning applications.

 

k)                  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 1601 Sieveright Avenue.

 

l)                    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 1080 Bank Street.

 

m)                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 1238 Marenger Street.

 

n)                  A by-law of the City of Ottawa to designate a part of the area covered by the Official Plan for the City of Ottawa as the St. Joseph Boulevard Community Improvement Project Area.

 

o)                  A by-law of the City of Ottawa to adopt the St. Joseph Boulevard Community Improvement Plan.

 

p)                  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.

 

 

14.     Confirmation By-law (Councillors D. Deans and M. Bellemare)

 

 

15.     Inquiries

 

 

16.     Adjournment  (Councillors D. Deans and M. Bellemare)

 

 

 

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

 

 

NOTICE

 

In Camera Items are not subject to public discussion or audience.  Any person has a right to request an independent investigation of the propriety of dealing with matters in a closed session.    A form requesting such a review may be obtained, without charge, from the City’s website or in person from the Chair of this meeting.   Requests are kept confidential pending any report by the Meetings Investigator and are conducted without charge to the Requestor.