OTTAWA CITY COUNCIL

11 march 2009

ANDREW S. HAYDON HALL

10:00 a.m.

 

DRAFT AGENDA 62

 

 

 

1.       Prayer

 

 

2.                 National Anthem (Councillor J. Legendre)

 

 

3.       Announcements/Ceremonial Activities

 

 

 

4.       Roll Call

 

 

5.       Confirmation of Minutes

 

Confirmation of Minutes of the regular and In Camera meetings of 25 February 2009.

 

 

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

 

 


7.       Communications

 

·                    Association of Municipalities of Ontario (AMO) Alerts :

 

·                    Responses to Inquiries

·                    04-09 - Interprovincial Bridge Study

·                    05-09 - Bike Share Program

·                    06-09 – Overnight Parking Ban Improvements

 

 

 

8.       Regrets

 

Councillor D. Deans has advised she will be absent from the Council meeting of 11 March 2009

.

 

 

9.       Motion to Introduce Committee Reports

(Councillors M. Bellemare and D. Thompson)

 

Agriculture and Rural Affairs Committee Report 37

Corporate Services and Economic Development Committee Report 38

Planning and Environment Committee 46 and 47*

Transit Committee Reports 24 and 25

Transportation Committee Report 27

 

*Rising from the Planning and Environment Committee meeting of 10 March 2009

 

10.     Motion to Adopt Reports

(Councillors M. Bellemare and D. Thompson)

 

 

11.     Motions of Which Notice has Been Given Previously

 

MOTION

 

Moved by Councillor A. Cullen

Seconded by Councillor R. Bloess

 

WHEREAS from December 10, 2008 to January 31, 2009 the City of Ottawa experienced a strike by ATU 279, representing OC Transpo bus drivers and mechanics; and,

 

WHEREAS OC Transpo acquired both direct cost savings and revenue losses from this strike, as well as other costs associated with this strike being charged to the OC Transpo budget (including Council-approved mitigation measures and resumption of service fare incentives, among others); and,

 

WHEREAS there have been a number of estimates presented to City Council and published in the media regarding the cost and purported "savings" from this strike;

 

THEREFORE BE IT RESOLVED THAT City Council direct OC Transpo to conduct an independent audit of the costs to OC Transpo and the City of Ottawa as a result of this strike, to be reviewed by the City's Auditor-General and reported to Transit Committee and City Council;

 

AND THAT such an independent audit include the direct costs (including revenue losses) and savings of the strike to OC Transpo for both the 2008 and 2009 budgets (including the Council-approved mitigation measures and resumption of service fare incentives) as well as the other costs to the City of Ottawa associated with the strike for both the 2008 and 2009 budgets.

 

MOTION

 

Moved by Councillor A. Cullen

Seconded by Councillor J. Legendre

 

WHEREAS the Free Thought Association of Canada is running an advertisement campaign on public transit buses that states “There’s Probably No God. Now Stop Worrying And Enjoy Your Life”; and,

 

WHEREAS these ads are running on buses in Toronto, London and Calgary, but have been rejected by OC Transpo based on their interpretation of their policy that this message “might be deemed prejudicial to other religious groups or offensive to users of the transit system”; and,

 

WHEREAS the Canadian Charter of Rights and Freedoms states:
2. Everyone has the following fundamental freedoms:

(a) freedom of conscience and religion;

(b) freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication;” and,

 

WHEREAS these fundamental freedoms can be “subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society” (Section 1 of the Canadian Charter of Rights and Freedoms); and,

 

WHEREAS the Supreme Court of Canada, in interpreting the application of the Canadian Charter of Rights and Freedoms, has ruled that a public transit company, city or municipality cannot impose a blanket ban on religious (or political) advertising (Canadian Federation of Students vs. Greater Vancouver Transportation Authority); and,

 

WHEREAS the Supreme Court of Canada, in interpreting the application of the Canadian Charter of Rights and Freedoms, has ruled that no individual has a right not to be offended, in particular: “The key is that people will disagree about important issues, and such disagreement, where it does not imperil community living, must be capable of being accommodated at the core of a modern pluralism. People are free to disagree with our beliefs as they wish.” (Chamberlain vs. Surrey School District No. 36); and,

 

WHEREAS the Canadian Human Rights Commission has stated: “The essence of the concept of the freedom of religion is: the right to declare religious beliefs openly and without fear of hindrance or reprisal; and the right to manifest religious belief by worship and practice or by teaching and dissemination.”; and,

 

WHEREAS the Canadian Code of Advertising Standards, in Section 14 - Unacceptable Depictions and Portrayals, states: “It is recognized that advertisements may be distasteful without necessarily conflicting with the provisions of this Clause (14); and the fact that a particular product or service may be offensive to some people is not sufficient grounds for objecting to an advertisement for that product or service.” ;

 

THEREFORE BE IT RESOLVED that OC Transpo be directed to accept the ads proposed by the Free Thought Association of Canada (subject to the usual charges).

 

 

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

 

 

13.     Motion to Introduce By-laws                                                                   

(Councillors M. Bellemare and D. Thompson)

 

First and Second Readings

 

A by-law of the City of Ottawa to provide for the relocation, partial abandonment and the future maintenance of drainage works in the City of Ottawa - McEvoy Branch of the Shields Municipal Drain.

 


Three Readings

 

a)                  A by-law of the City of Ottawa to amend By-law No. 2003 - 446 respecting fees for encroachments.

 

b)                  A by-law of the City of Ottawa to amend By-law No. 2003 - 497 respecting permit fees for over-dimensional vehicles.

 

c)                  A by-law of the City of Ottawa to amend By-law No. 2003 - 447 respecting fees for private approaches.

 

d)                  A by-law of the City of Ottawa to amend By-law No. 2003-445 with respect to road cut fees.

 

e)                   A by-law of the City of Ottawa to amend By-law No. 2003-520 respecting the fees for certain signs and advertising devices on City roads.

 

f)                    A by-law of the City of Ottawa to authorize the entering into of an agreement with the Province of Ontario relating to funding provided by the Province of Ontario to the City under the Ontario Bus Replacement Program.

 

g)                  A by-law of the City of Ottawa to provide for a municipal housing project facility on the lands that are municipally known as 372-380 Blake Boulevard.

 

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

 

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 property known municipally as 2880 Barlow Crescent.

 

j)                    A by-law of the City of Ottawa to amend the Official Plan for the City of Ottawa to implement policies dealing with the provision of lands for park or other public recreational purposes and the use of the alternative requirement as set out in the Planning Act.

 

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 part of the property historically known municipally as 2299 Tenth Line Road, now known as 2367 Tenth Line Road; part of the properties historically known municipally as 2413 and 2553 Tenth Line Road, now known as 2599 Tenth Line Road, part of 2605 Tenth Line Road; and part of the former road allowance between Lots 3 and 4, Concession 10, in the former City of Cumberland.

 


l)                    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 8865 North Service Road.

 

m)                A by-law of the City of Ottawa to amend the Official Plan for the City of Ottawa to change the designation set out in the South Nepean Secondary Plan for Areas 4, 5 and 6 for the property known municipally as 40 Barnstone Drive.

 

n)                  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 40 Barnstone Drive.

 

o)                  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 1420 and 1424 Carling Avenue.

 

p)                  A by-law of the City of Ottawa to amend By-law No. 2002-521 to add the names of certain private roadways.

 

q)                  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.

 

r)                   A by-law of the City of Ottawa to designate certain lands on 107 Hornchurch Lane, as being exempt from Part Lot Control;

 

s)                   A by-law of the City of Ottawa to designate certain lands on 549 Dalewood Crescent and 1876 Stittsville Main Street, as being exempt from Part Lot Control;

 

t)                    A by-law of the City of Ottawa to designate certain lands on 1837 Stonehenge Crescent, as being exempt from Part Lot Control;

 

u)                  A by-law of the City of Ottawa to designate certain lands at 184, 202, 226, 230, 238, 242, 246, 248 and 250 Calaveras Avenue and at 169, 171, 175 Hornchurch Lane, as being exempt from Part Lot Control.

 

v)                  A by-law of the City of Ottawa for the conveyance of land or the payment of money in-lieu of land for parks and public recreational purposes.

 

w)                A by-law of the City of Ottawa to amend By-law No. 2008-483 respecting fees for the payment of money in-lieu of conveyance of parkland for rural severances

 

 

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

 

 


15.     Inquiries

 

 

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

 

 

 

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.