OTTAWA CITY COUNCIL

9 September 2009

ANDREW S. HAYDON HALL

10:00 a.m.

MINUTES 72

 

 

The Council of the City of Ottawa met at Andrew S. Haydon Hall, 110 Laurier Avenue West, Ottawa, on 9 September 2009 beginning at 10:00 a.m.

 

 

The Mayor, Larry O’Brien presided and the Deputy City Clerk led Council in prayer.

 

 

The National Anthem was performed by Mackenzie Salhany.

 

 

MOMENT OF SILENCE –  Ruth Dickinson

 

Council observed a Moment of Silence in memory of Ruth Dickinson, the founder of the Nepean Public Library, who passed away on Saturday, September 5, 2009.

 

 

Roll Call

 

ALL MEMBERS WERE PRESENT.

 

 

Confirmation of Minutes

 

The Minutes of the regular meeting of 2 September 2009 were confirmed.

 

 

Declarations of interest including those originally arising from prior meetings

 

See specific Agenda Item for declarations:

 

Community and Protective Services Committee Report 44, Item 1, Property Acquisition – Part of Lot 10, Concession 2, Rideau Front, Geographic Township of Nepean, City of Ottawa – Monarch Corporation;

Community and Protective Services Committee Report 44, Item 2, Rideau Carleton Raceway – Application to the Alcohol and Gaming Commission of  Ontario to Open a New Bingo Hall;  and

 

Corporate Services and Economic Development Committee Report 46A (In Camera), Item 1, Transfer of Pension From Federal Public Service Pension Plan to OMERS Resulting in a Shortfall of One Year Pensionable Service Time – In Camera – Personal Information about an Identifiable Individual, Including Staff  Reporting Out Date: Not to be reported out.

 

 

Communications

 

The following communications were received:

 

·                    Association of Municipalities of Ontario (AMO) Alerts :

·                    Waste Electronics and Electrical Equipment (WEEE)

·                    Funding for Broadband in Rural and Northern Ontario

 

·                    Petition submitted by WE RIDE Student Action for Public Transit, containing the signatures of 2,400 Ottawa residents, asking that City Council reverse its decision and revoke the OC Transpo Student Bus Pass age restriction (Reference Transit Committee Report 30, Item 1, Student Age Limits for Bus Passes).

 

 

Regrets

 

No regrets were filed.

 

 

Postponements and Deferrals

 

CITY COUNCIL – 27 MAY 2009

 

MOTION NO. 67/14

 

Moved by Councillor B. Monette

Seconded by Councillor R. Bloess

 

WHEREAS, as a former Mayor of Cumberland and Former Regional, Chair Peter D. Clark envisioned the current Orléans Town Center;

 

AND WHEREAS, as a respected city father, Peter D. Clark’s extensive and focused contribution to the Township of Cumberland should be appropriately commemorated in relation to the Orléans Town Centre;

 

AND WHEREAS a process similar to the commemorative naming process for buildings was followed to ensure that the community supported the recommended name of Peter D. Clark Place for the road which will encircle the Orléans Town Center;

 

AND WHEREAS there is resounding support for this name in the community;

 

THEREFORE BE IT RESOLVED that the road circling the Orléans Town Center be named Peter D. Clark Place.

 

MOTION NO. 67/15

 

 

Moved by Councillor A. Cullen

Seconded by Councillor R. Bloess

 

WHEREAS, staff has raised operational concerns regarding the renaming of the road circling the Orléans Town Center;

 

THEREFORE BE IT RESOLVED that Motion No. 67/14 be deferred until the June 24, 2009 City Council meeting to allow the ward Councillor to work with staff on mitigating any concerns.

 

                                                                                                            DEFERRAL CARRIED

 

 

CITY COUNCIL – 24 JUNE 2009

 

MOTION NO. 69/1

 

Moved by Councillor B. Monette

Seconded by Councillor R. Bloess

 

WHEREAS at the Council meeting of 13 May 2009, Notice of Motion No. 67/14 (to rename the road circling the Orléans Town Centre as Peter D. Clark Place), was given;

 

AND WHEREAS on 27 May 2009, Council approved a motion to defer consideration of Motion No. 67/14 to its meeting of 24 June 2009 to allow the Ward Councillor to work with staff to resolve operational concerns;

 

AND WHEREAS there are still outstanding issues to be addressed;

 

THEREFORE BE IT RESOLVED that Motion No. 67/14 be further deferred to the 9 September 2009 City Council meeting to allow these discussions to continue.

 

                                                                                                            DEFERRAL CARRIED

 

 

CITY COUNCIL – 9 SEPTEMBER 2009

 

Motion No. 67/14 was WITHDRAWN by Councillor Monette, with the consent of Council.

 

 

 

Motion to Introduce Reports

 

MOTION NO. 72/1

 

Moved by Councillor B. Monette

Seconded by Councillor G. Bédard

 

That Agriculture and Rural Affairs Committee Report 44, Audit, Budget and Finance Committee Report 1, Community and Protective Services Committee Report 44, Corporate Services and Economic Development Committee Reports 46 and 46A (In Camera), Planning and Environment Committee Report 55A, Transit Committee Report 30 and Transportation Committee Report 32A be received and considered.

 

And that the Rules of Procedure be suspended to receive and consider Planning and Environment Committee Report 56, because of the urgency of the matters contained therein (specific reasons for each item set out below).

 

(i.e. Regarding Item 1 - Having explored means to implement Council's direction to seek to retain the façade in situ and having not successfully found one, the project will now be delayed if a heritage approval is not obtained..  Regarding Items 2 and 3 – delays associated with schedule changes for the July Committee meeting and new procedures implemented as a result of the governance report regarding delegated authority for sign variance reports, were experienced.  As a result, the appropriate timelines have been affected and it is urgent that Council consider these items at the September 9 meeting in order for the applicants to proceed with the installation of the subject signs.)

 

                                                                                                            CARRIED

 

COMMITTEE REPORTS

 

AGRICULTURE AND RURAL AFFAIRS COMMITTEE REPORT 44

 

 

1.             PETITION FOR DRAINAGE WORKS - HAZELDEAN ROAD

 

INSTALLATIONS MUNICIPALES DE DRAINAGE RUE HAZELDEAN

 

 

Committee Recommendation

 

That Council consider the Preliminary Engineer's Report for the Hazeldean Road Municipal Drain and instruct the Engineer to prepare a full Engineer’s Report in accordance with Section 10(5) of the Drainage Act of Ontario.

 

                                                                                                            CARRIED

 

 

 

2.             ZONING - 1015 MARCH ROAD

 

ZONAGE - 1015, CHEMIN MARCH

 

 

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 part of 1015 March Road from “RU” (Rural Countryside) to “RC[xxxr]” (Rural Commercial with an Exception), as detailed in Document 2 and as shown in Document 3.

 

                                                                                                            CARRIED

 

            Direction to Staff

 

            Staff are directed to require a traffic impact analysis for 1015 March Road, as a condition of site plan approval.

 

 

 

3.             ZONING - 2823 PIERCE ROAD

 

ZONAGE – 2823, CHEMIN PIERCE

 

 

Committee Recommendation

 

(This application is subject to Bill 51)

 

That Council approve an amendment to Zoning By-law 2008-250 to change the zoning of part of 2823 Pierce Road from Agricultural Zone (AG) to Agricultural Subzone 5 (AG5) as shown in Document 1.

 

                                                                                                            CARRIED

 

 

4.             ZONING - 5962 FOURTH LINE ROAD

 

ZONAGE - 5962, CHEMIN FOURTH LINE

 

 

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 part of 5962 Fourth Line Road from Agricultural Zone (AG) to Agricultural Subzone 4 (AG4) as shown in Document 1.

 

                                                                                                            CARRIED

 

 

5.             ZONING - 5858 THIRD LINE ROAD

 

ZONAGE - 5858, CHEMIN THIRD LINE

 

 

Committee Recommendation

 

(This application is subject to Bill 51)

 

That Council approve an amendment to Zoning By-law 2008-250 to change the zoning of part of 5858 Third Line Road from Agricultural Zone (AG) to Agricultural Subzone 5 (AG5) as shown in Document 1.

 

                                                                                                            CARRIED

 

 

6.             ZONING - 2389 CARSONBY ROAD

 

ZONAGE - 2389, CHEMIN CARSONBY

 

 

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 2389 Carsonby Road from Agricultural Subzone 1 (AG1) to Agricultural Subzone 6 (AG6), as shown in Document 1.

 

                                                                                                            CARRIED

 

 

AUDIT, BUDGET AND FINANCE COMMITTEE REPORT 1

 

 

1.             independent living resource centre of ottawa – Exemption from Municipal building permit fees

 

                CENTRE DE RESSOURCES POUR LA VIE AUTONOME D'OTTAWA – EXEMPTION DES DROITS DE PERMIS MUNICIPAL DE CONSTRUIRE

 

 

COMMITTEE RECOMMENDATIONS

 

That Council approve:

 

1.         That a grant in the amount of $625.00 be remitted to the Independent Living Resource Centre of Ottawa to offset the building permit fees upon the issuance of the final occupancy permit; and

 

2.                   That the grant funding be allocated from the City-Wide Capital Reserve Fund to reimburse the Independent Living Resource Centre of Ottawa.

 

                                                                                                            CARRIED

 

 

COMMUNITY AND PROTECTIVE SERVICES COMMITTEE REPORT 44

 

 

1.       PROPERTY ACQUISITION - PART OF LOT 10, CONCESSION 2, RIDEAU FRONT, GEOGRAPHIC TOWNSHIP OF NEPEAN, CITY OF OTTAWA - MONARCH CORPORATION

 

ACQUISITION DE TERRAIN – PARTIE DU LOT 10, CONCESSION 2, FAÇADE RIVIÈRE RIDEAU, CANTON GÉOGRAPHIQUE DE NEPEAN, VILLE D’OTTAWA – SOCIÉTÉ MONARCH

 

 

Committee RecommendationS

 

That Council approve:

 

1.         The fee simple acquisition of a vacant parcel of land consisting of approximately 9.45 hectares (23.34 acres) owned by Monarch Corporation, described as Part Lot 10, Concession 2, Rideau Front, geographic Township of Nepean, City of Ottawa, shown hatched on the attached Document 1, for the consideration of $4,348,000.00, subject to final survey and adjustments on closing.

 

2.         Providing an option to purchase part of the lands as outlined in Recommendation #1, to the Ottawa Catholic School Board, consisting of approximately 2.4 hectares (6.0 acres), described as Part Lot 10, Concession 2, Rideau Front, geographic Township of Nepean, City of Ottawa, shown on the attached Document 1.

 

DECLARATION OF INTEREST

 

Councillor R. Chiarelli declared a potential, indirect conflict of interest in Community and Protective Services Committee Report 44, Item 1 – Property Acquisition - Part of Lot 10, Concession 2, Rideau Front, Geographic Township of Nepean, City of Ottawa - Monarch Corporation - as his spouse is employed by the Ottawa Catholic School Board.

 

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

 

Item 1 of Community and Protective Services Committee Report 44 was then put to Council and CARRIED.

 

 

 

2.          RIDEAU CARLETON RACEWAY – APPLICATION TO THE ALCOHOL & GAMING COMMISSION OF ONTARIO TO OPEN A NEW BINGO HALL

 

RIDEAU CARLETON RACEWAY – DEMANDE AUPRÈS DE LA COMMISSION DES ALCOOLS ET DES JEUX DE L’ONTARIO (CAJO) POUR OUVRIR UNE NOUVELLE SALLE DE BINGO

 

 

Committee RecommendationS as amended

 

That Council approve:

1.         the June 15, 2009 application of the Rideau Carleton Raceway to the Alcohol and Gaming Commission of Ontario to open a new bingo hall, as outlined, be supported; and,

2.         the Council disposition, minutes and full report be forwarded to the Alcohol and Gaming Commission of Ontario.

3.         the AGCO be requested to, as soon as possible, conduct a review of the bingo industry in Ottawa with a view to making recommendations with respect to the manner in which the industry can be better supported.

4.         it suggest to the AGCO that, in its consideration of the revenue sharing model to be applied to Rideau Carleton Raceway’s bingo hall if approved by the Registrar, the AGCO ensure that the model represent a fair and equitable arrangement in the context of the amenities being offered at the RCR and in comparison to the existing bingo halls in Ottawa.

 

DECLARATIONS OF INTEREST

 

Councillor Peggy Feltmate, declared a potential, indirect conflict of interest on Community and Protective Services Committee Report 44, Item 2, Rideau Carleton Raceway – Application to the Alcohol and Gaming Commission of Ontario to Open a New Bingo Hall – as she is an active member of a community organization that operates a bingo.

 

Councillor Glenn Brooks, declared a potential, indirect conflict of interest on Community and Protective Services Committee Report 44, Item 2, Rideau Carleton Raceway – Application to the Alcohol and Gaming Commission of Ontario to Open a New Bingo Hall – as he is an active member of a community organization that operates a bingo.

 

Councillors Feltmate and Brooks did not take part in the discussion or vote on this Item.

 

Item 2 of Community and Protective Services Committee Report 44 was then put to Council and CARRIED with Councillors R. Jellett, D. Deans, C. Doucet, G. Hunter and C. Leadman dissenting.

 

 

3.          GRAFFITI MANAGEMENT PROGRAM ENHANCEMENTS – MURAL PROGRAM/LEGAL GRAFFITI WALL MONITORING

 

AJOUTS AU PROGRAMME DE GESTION DES GRAFFITIS – PROGRAMME DE MURALES/SURVEILLANCE DES MURS DE GRAFFITIS LÉGAUX

 

 

Transportation Committee RecommendationS

 

That Council approve the following enhancements to the Graffiti Management Program:

 

1.         That the Public Works Department facilitate mural activities to assist with graffiti prevention, as outlined in this report.

2.         That a Youth Engagement Mural Program be established in partnership with Crime Prevention Ottawa to support youth and community groups to implement murals in neighbourhoods experiencing high incidence of graffiti vandalism, at an annual cost of $50,000, subject to approval of funding in the 2010 Operating Budget.

 

3.         That the General Manager of Public Works be delegated the authority to expend funds from the existing graffiti eradication operating budget for murals on City assets provided that:

(a)        a cost benefit analysis has been completed and supports the mural as a graffiti prevention mechanism;

(b)        the mural meets all requirements of applicable By-laws; and

(c)        community stakeholders have been consulted.

 

4.         That the Chief Building Official, Building Code Services Branch, of the Planning and Growth Management Department, be delegated the authority to permit mural signs, under the Permanent Signs on Private Property By-law 2005-439, that are located on surfaces other than buildings, such as retaining walls, provided that:

(a)        the proposed mural sign complies with the size, advertising and location restrictions found in subsections 123(1) and (3) and Section 124 of By-law 2005-439, as amended;

(b)               the surface on which the proposed mural sign is to be placed has been the subject of incidents of graffiti vandalism on a weekly or more frequent basis;  and,

(c)        the owner of the property on which the proposed mural sign is to be   placed and the relevant Ward Councillor concur; and,

 

5.         That the General Manager of the Planning and Growth Management Department be delegated the authority to permit murals on certain structures located on a highway under the Signs on City Roads By-law 2003-520 provided that:

 

(a)        the proposed mural is placed on a utility box, a retaining wall, a bridge underpass or any other structure located within the highway that has been the subject of graffiti vandalism;

(b)        the proposed mural sign complies with the size, advertising and location restrictions found in subsections 123(1) and (3) and Section 124 of By-law 2005-439, as amended;

(c)        the surface on which the proposed mural is to be placed, has been the subject of incidents of graffiti vandalism on a weekly or more frequent basis; and,

(d)               the owner of the structure on which the proposed mural is to be placed, and the relevant Ward Councillor, concur.

 

6.                                          That the legal graffiti walls, located at the George Dunbar Bridge and Ottawa Technical High School, as defined in Section 15 of the Graffiti Management By-law 2008-1, continue to be exempt from the by-law and that:

(a)        the monitoring of the Orleans Graffiti Wall, as defined in Section 15 of the Graffiti Management By-law 2008-1, be extended for an additional one-year period; and,

(b)               no additional legal graffiti walls be implemented.

 

 

Community and Protective Services Committee RecommendationS AS AMENDED

 

That Council approve the following enhancements to the Graffiti Management Program:

 

1.         That the Public Works Department facilitate mural activities to assist with graffiti prevention, as outlined in this report.

 

2.         That a Youth Engagement Mural Program be established in partnership with Crime Prevention Ottawa to support youth and community groups to implement murals in neighbourhoods experiencing high incidence of graffiti vandalism, at an annual cost of $50,000, subject to approval of funding in the 2010 Operating Budget.

 

3.         That the General Manager of Public Works be delegated the authority to expend funds from the existing graffiti eradication operating budget for murals on City assets provided that:

(a)        a cost benefit analysis has been completed and supports the mural as a graffiti prevention mechanism;

(b)        the mural meets all requirements of applicable By-laws; and

(c)        community stakeholders have been consulted.

 

4.         That the Chief Building Official, Building Code Services Branch, of the Planning and Growth Management Department, be delegated the authority to permit mural signs, under the Permanent Signs on Private Property By-law 2005-439, that are located on surfaces other than buildings, such as retaining walls, provided that:

(a)        the proposed mural sign complies with the size, advertising and location restrictions found in subsections 123(1) and (3) and Section 124 of By-law 2005-439, as amended;

(b)        the owner of the property on which the proposed mural sign is to be placed and the relevant Ward Councillor concur;

 

5.         That the General Manager of the Planning and Growth Management Department be delegated the authority to permit murals on certain structures located on a highway under the Signs on City Roads By-law 2003-520 provided that:

(a)        the proposed mural is placed on a utility box, a retaining wall, a bridge underpass or any other structure located within the highway that has been the subject of graffiti vandalism;

(b)        the proposed mural sign complies with the size, advertising and location restrictions found in subsections 123(1) and (3) and Section 124 of By-law 2005-439, as amended;

(c)        the owner of the structure on which the proposed mural is to be placed, and the relevant Ward Councillor, concur;

 

6.         That the legal graffiti walls, located at the George Dunbar Bridge and Ottawa Technical High School, as defined in Section 15 of the Graffiti Management By-law 2008-1, continue to be exempt from the by-law and that:

(a)        the monitoring of the Orleans Graffiti Wall, as defined in Section 15 of the Graffiti Management By-law 2008-1, be extended for an additional one-year period; and,

(b)               no additional legal graffiti walls be implemented.

 

                                                                                                            CARRIED

 

7.         That the following motion be referred to Council without recommendation:

 

Whereas the Keepsix Collective has submitted a proposal for a mural on the buildings located at 326-348 Elgin St.;

 

Whereas this property has been subject to ongoing tagging;

 

Whereas the proposed mural will dramatically reduce the occurrence of tagging at this location;

 

Whereas the proposed mural will improve the overall appearance of this property in a manner that reflects the local character of the neighbourhood;

 

Whereas the subject building faces Jack Purcell Community Centre and Jack Purcell Park;

 

Whereas the proposed mural has the concurrence of both the property owner and the Ward Councillor;

 

Therefore be it resolved that the Community and Protective Services Committee direct staff to:

 

1.         Allow the original mural design that was submitted to staff for 326-348 Elgin St.

2.         Review and update the Permanent Signs on Private Property By-law 2005-439 in order to facilitate the placement of murals in commercial areas that reflect the local character and flavour of area businesses.

 

As the Community and Protective Services Committee Recommendations for Item 3 of Community and Protective Services Committee Report 44 were more prescriptive, they were put to Council first.  Recommendations 1 to 6 CARRIED and Recommendation 7 was RECEIVED.  Accordingly, the Recommendations of the Transportation Committee were ruled REDUNDANT and were not voted upon.

 

 

CORPORATE SERVICES AND ECONOMIC DEVELOPMENT COMMITTEE REPORT 46

 

 

1.             Appointment to The VANIER BUSINESS IMPROVEMENT AREA BOARD OF MANAGEMENT

 

NOMINATION AU CONSEIL DE GESTION DE LA ZONE D’AMÉLIORATION COMMERCIALE DE VANIER

 

 

COMMITTEE RECOMMENDATION

 

That Council approve the appointment of Marc-André Way to the Vanier Business Improvement Area Board of Management for the term expiring November 30, 2010.

 

                                                                                                            CARRIED

 

 

 

2.             Information Technology SUB-COMMITTEE

 

        SOUS-COMITÉ DE LA TECHNOLOGIE DE L’INFORMATION

 

 

COMMITTEE RECOMMENDATIONS

 

That Council:

 

1.                  Approve the appointment of the following Members of Council to the Information Technology Sub-Committee (“IT Sub-Committee”):

 

§         Councillor Wilkinson;

§         Councillor Desroches;

§         Councillor El-Chantiry;

§         Councillor Chiarelli; and

§         Councillor Legendre.

 

2.         Direct the IT Sub-Committee to work with staff and the City’s Chief Technology Advisor to prepare its Terms of Reference for consideration by the Corporate Services and Economic Development Committee and Council.

 

                                                                                                            CARRIED

 

 

 

3.                   DEBENTURE ISSUE

 

ÉMISSION DE DÉBENTURES

 

 

COMMITTEE RECOMMENDATION

 

That Council receive this report for information on the results of the City’s debenture issue.

 

                                                                                                            RECEIVED

 

 

 

 

4.                   general Accounts – Write offs 2008

 

                COMPTES GÉNÉRAUX – RADIATIONS POUR 2008

 

 

COMMITTEE RECOMMENDATION

 

That Council receive this report on 2008 general accounts written off as required by Schedule A, section 21 of the Delegation of Authority By-law 2009-231 for information.

 

                                                                                                            RECEIVED

 

 

 

5.             sale of land – 2245a beaver avenue

 

VENTE DE TERRAIN – 2245A avenue beaver

 

 

COMMITTEE RECOMMENDATIONS

 

That Council:

 

1.                  Declare the property municipally known as 2245A Beaver Avenue and shown hatched on Document 1 attached, containing approximately 131.8 m2  (1418.72 square feet), being all of PIN 04191-0117 and legally described as part of Lot 19, Junction Gore, Geographic Township of Gloucester, in the City of Ottawa, as surplus to the City’s needs; and

 

2.       Approve the sale of the property detailed in Recommendation 1, subject to any easements that may be required, to Carmen Penty and Eric Brunet, for the amount of $14,000 plus GST, if applicable, pursuant to an Agreement of Purchase and Sale that has been received.

 

                                                                                                            CARRIED

 

 

 

 

6.             SALE OF LAND - 5000 HAWTHORNE ROAD

 

                VENTE DE TERRAIN – 5000 CHEMIN HAWTHORNE

 

 

COMMITTEE RECOMMENDATIONS

 

That Council:

 

1.                  Declare two parcels of vacant land containing an area of 6.068 ha, subject to final survey, described as part of Lots 26 and 27, Concession 5 (Rideau Front), geographic Township of Gloucester now City of Ottawa, shown as Parcels 1 and 2 and hatched on the attached Document 1, 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 to R. W. Tomlinson Limited for $274,600 plus GST, subject to adjustment upon completion of a reference plan, pursuant to an Agreement of Purchase and Sale that has been received.

 

                                                                                                            CARRIED

 

 

7.             SALE OF LAND – 173 SHERWOOD DRIVE

 

VENTE DE TERRAIN – 173 PROMENADE SHERWOOD

 

 

COMMITTEE RECOMMENDATIONS

 

That Council:

1.                  Declare a parcel of vacant land shown hatched on Document 1 attached, containing an area of approximately 382.6 m2, described as part of Lots 73, 74 and 75, Plan 114306 and part of Kenilworth Avenue closed by Judges Order, as surplus to the City’s needs; and

 

2.         Waive City policy pertaining to the public marketing of all viable properties and approve the sale of the land outlined in Recommendation 1, subject to any easements that may be required, to Linda Robinson and Gilles de la Salle for $150,000 plus GST, pursuant to an Agreement of Purchase and Sale that has been received.

 

                                                                                                            CARRIED

 

 

8.             QUARTERLY PERFORMANCE REPORT TO COUNCIL, q1: January – March 2009

 

rapport TRIMESTRIEL SUR LE rendement présenté au conseil POUR LE 1Er TRIMESTRE, JANVIER-MARS 2009

 

 

COMMITTEE RECOMMENDATION

 

That Council receive this report for information.

 

                                                                                                            RECEIVED

 

 

 

9.             RE-ALIGNMENT ACCOMMODATION REQUIREMENTS

 

réalignement des besoins en matière de locaux municipaux

 

 

COMMITTEE RECOMMENDATION

 

That Council approve a transfer of $300,000 from the City’s non-departmental operating account to establish a capital work order for fit-up costs associated with the Corporate re-alignment accommodation requirements as described within this report.

 

                                                                                                            CARRIED

 

 

 

10.          Amendment to the procedural by-law

 

                MODIFICATION AU RÈGLEMENT DE PROCÉDURE

 

 

COMMITTEE RECOMMENDATION AS AMENDED

 

That Council approve that the Procedure By-law, Subsection 73(2) be amended to provide that the Mayor will be ex officio Chair of the Audit, Budget and Finance Committee but not ex officio Chair of the Corporate Services and Economic Development Committee.

 

                                                                                                            CARRIED

 

 

CORPORATE SERVICES AND ECONOMIC DEVELOPMENT COMMITTEE

REPORT 46A (IN CAMERA)

 

 

1.             Transfer of pension from Federal PUBLIC SERVICE PENSION PLAN to OMERS resulting in a shortfall of one year pensionable Services TIME - IN CAMERA - PERSONAL INFORMATION ABOUT IDENTIFIABLE INDIVIDUAL, INCLUDING STAFF - REPORTING OUT DATE:  NOT TO BE REPORTED OUT

 

TRANSFERT DE PENSION DU GOUVERNEMENT FÉDÉRAL À OMERS QUI A RésultÉ EN un dÉficit d’UN AN PENSIONABLE - À HUIS CLOS - QUESTIONS PERSONNELLES AU SUJET D'UNE PERSONNE IDENTIFIABLE, Y COMPRIS UN MEMBRE DU PERSONNEL - DATE DE PRÉSENTATION DU RAPPORT :  N’A PAS À ÊTRE PRÉSENTÉ

 

 

DECLARATIONS OF INTEREST

 

Councillor Rainer Bloess, declared a potential, indirect conflict of interest on CSEDC Report 46A – In Camera, Item 1 – “Transfer of Pension from Federal Government to OMERS Resulting in a Shortfall of One Year Pensionable Services Time” because he was previously on leave without pay from the Federal government and is making contributions to an active superannuation account.

 

Councillor Steve Desroches, declared a potential, indirect conflict of interest on CSEDC Report 46A – In Camera, Item 1 – “Transfer of Pension from Federal Government to OMERS Resulting in a Shortfall of One Year Pensionable Services Time” because he is currently on leave without pay from the Federal government and has an active superannuation account.

 

Councillor Marianne Wilkinson, declared a potential, indirect conflict of interest on CSEDC Report 46A – In Camera, Item 1 – “Transfer of Pension from Federal Government to OMERS Resulting in a Shortfall of One Year Pensionable Services Time” because she was previously on leave without pay from the Federal government and is making contributions to an active superannuation account.

 

Councillors Bloess, Desroches and Wilkinson did not take part in the discussion or vote on this Item.

 

The confidential staff direction set out in Item 1 of Corporate Services and Economic Development Committee Report 46A (In Camera) was CARRIED by Council on consent, with Councillors D. Deans, E. El-Chantiry and P. Feltmate dissenting.

 

 

PLANNING AND ENVIRONMENT COMMITTEE REPORT 55A

 

 

1.             ZONING - 475 TERRY FOX DRIVE

 

ZONAGE - 475, PROMENADE TERRY-FOX

 

 

Committee recommendationS as amended

 

(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 475 Terry Fox Drive from DR (Development Reserve) and O1 (Parks and Open Space) to LC [xxxx] H(11.0) (Local Commercial – Exception xxxx – Height 11.0 metres), as shown in Document 1 and detailed in Document 2;

 

2.         That “convenience store” be added to Document 1, Column IV, Land Uses Prohibited;

 

3.         That a provision be added to restrict any building to a maximum of two storeys;

 

4.         And that there be no further notice pursuant to Section 34 (17) of the Planning Act.

 

                                                                                                            CARRIED

 

 

 

2.                   ZONING - 2305 PAGÉ ROAD

 

ZONAGE - 2305, CHEMIN PAGÉ

 

 

(This application is subject to Bill 51)

 

Committee recommendation

 

That Council approve an amendment to the Zoning By law 2008 250 to change the zoning of a part of 2305 Pagé Road from Local Commercial Zone Subzone 6 (LC6) to Local Commercial Zone Subzone 6 - Exception [XXXX] (LC6[XXXX]) and a part of 2305 Page Road from Residential First Density Zone Subzone WW (R1WW) to Residential Fourth Density Zone Subzone V - Exception [XXXX] (R4V[XXXX]), as shown in Document 1 and detailed in Document 2.

 

                                                                                                            CARRIED

 

 

 

3.             SUSTAINABLE CITIES: PLUS NETWORK 2010 BIENNIAL CONFERENCE -  City of ottawa bid

 

Conférence biSannuelle 2010 de Villes durables : Réseau PLUS - soumission de la Ville d’Ottawa

 

 

COMMITTEE RECOMMENDATIONS

 

That Council:

 

1.         Formally support the City of Ottawa’s bid to host the Sustainable Cities: PLUS Network 2010 Biennial Conference;

 

2.         Direct that $70,000 be identified as a 2010 budget pressure; and

 

3.         Direct staff to seek financial contributions from the City of Gatineau and National Capital Commission in order to reduce the City’s financial commitment.

 

CARRIED with Councillors G. Hunter, B. Monette and J. Harder dissenting.

 

 

PLANNING AND ENVIRONMENT COMMITTEE REPORT 56

 

 

1.             APPLICATION TO ALTER 453 BANK STREET LOCATED IN THE CENTRETOWN HERITAGE CONSERVATION DISTRICT - REVISION

 

DEMANDE VISANT À TRANSFORMER LE 453, RUE BANK, QUI SE TROUVE DANS LE DISTRICT DE CONSERVATION DU PATRIMOINE DU CENTRE-VILLE - REVISÉ

 

 

Committee recommendationS

 

That Council:

 

1.         Approve the application by Fo Tenn Consultants Inc. to alter 453 Bank Street so as to modify the design approved by Council on April 9, 2008 for facade retention in accordance with the design provided as Option C by John G. Cooke and Associates Ltd. Engineers dated July 2009 attached as Document 4 and received on August 13, 2009; and

 

2.                  Require the posting of financial security in the amount required to stabilize, brace, relocate, store, reinstate and restore the existing brick facade in accordance with Option C in the John Cooke report prior to the issuance of a building permit for any demolition or construction activity on the site to the satisfaction of the General Manager, Planning and Growth Management. 

 

                                                                                                            CARRIED

 

 

2.             SIGN BY-LAW VARIANCE - 24 YORK STREET

 

DÉROGATION AU RÈGLEMENT SUR LES ENSEIGNES – 24, RUE YORK

 

 

Committee recommendation

 

That Council approve a variance to Sign By-law 2005-439, to permit the installation of message centre display area on an illuminated projecting sign to identify a parking facility at 24 York Street.

 

                                                                                                            CARRIED

 

 

3.             SIGN BY-LAW MINOR VARIANCE - 2559/2565 BANK STREET

 

DÉROGATION MINEURE AU RÈGLEMENT SUR LES ENSEIGNES - 2559/2565, RUE BANK

 

 

Committee recommendationS

 

That Council:

 

1.         Refuse variances to Sign By-law 2005-439, to allow three illuminated identification ground signs at 2559/2565 Bank Street within a distance of 12 metres near the Bank Street frontage, instead of the minimum 30 metres separation distance between ground signs, with one sign of the three within 0.5 metres to a driveway/parking area; and

 

2.         Approve a variance to Sign By-law 2005-439, to allow two illuminated identification ground signs at 2559/2565 Bank Street within a distance of 22 metres near the Bank Street frontage, instead of the minimum 30 metres separation distance between ground signs, provided the existing triangle shaped Mitsubishi sign is removed within 30 days of Committee approval of this report.

 

                                                                                                            CARRIED

 

 

TRANSIT COMMITTEE REPORT 30

 

    

1.             Student Age Limits for Bus Passes
 
Limites sur les âges des étudiants pour les laissez-passers d'autobus

 

 

COMMITTEE RECOMMENDATION AS AMENDED

 

That Council rescind the policy setting an age limit for student bus passes.

 

 

At the outset of consideration of this item, Mayor O’Brien ruled there was no new information with respect to this matter, which had previously been considered by Council on 1 December 2008.  Therefore suspension of the Rules of Procedure would be required for Council to consider it.

 

Councillor Legendre challenged the Mayor’s ruling.  Mayor O’Brien was sustained on a division of 14 YEAS to 10 NAYS as follows:

 

YEAS (14):      Councillors R. Jellett, R. Chiarelli, M. Wilkinson, D. Deans, G. Brooks, P. Feltmate, P. Hume, D. Thompson, G. Hunter, J. Harder, M. McRae, E. El‑Chantiry, S. Desroches and Mayor O’Brien.

 

NAYS (10):     Councillors M. Bellemare, D. Holmes, C. Doucet, J. Legendre, A. Cullen, G. Bédard, R. Bloess, B. Monette, S. Qadri and C. Leadman.

 

MOTION NO. 72/2

 

Moved by Councillor A. Cullen

Seconded by Councillor M. Wilkinson

 

WHEREAS City Council, on 1 December 2008, approved a motion, which put in place an age cap of 28 for the Student Bus Pass;

 

AND WHEREAS, pursuant to Procedure By-law 2006-462, waiver of the Rules of Procedure is required for a Committee and/or Council to revisit a matter on which it has already made a decision;

 

AND WHEREAS Transit Committee, at its meeting of 1 September 2009, approved a motion to waive the Rules of Procedure to consider a report from the Pedestrian and Transit Advisory Committee and approved a motion recommending Council rescind the policy setting an age limit for student bus passes;

 

NOW THEREFORE BE IT RESOLVED THAT Council waive the Rules of Procedure to consider Transit Committee Report 30, Item 1, Student Age Limits for Bus Passes.

 

                                                                                                            CARRIED

 

Item 1 of Transit Committee Report 30 was then put to Council and CARRIED on a division of 24 YEAS to 0 NAYS as follows:

 

YEAS (24):      Councillors R. Jellett, R. Chiarelli, M. Wilkinson, D. Deans, G. Brooks, P. Feltmate, M. Bellemare, D. Holmes, P. Hume, C. Doucet, J. Legendre, A. Cullen, G. Bédard, R. Bloess, B. Monette, D. Thompson, S. Qadri, G. Hunter, C. Leadman, J. Harder, M. McRae, E. El‑Chantiry, S. Desroches and Mayor O’Brien.

 

NAYS (0):      

 

 

 

    

2.         TRANSIT VEHICLE EMISSIONS REDUCTION STRATEGY

 

STRATÉGIE DE RÉDUCTION DES ÉMISSIONS DES VÉHICULES DU TRANSPORT EN COMMUN

 

 

COMMITTEE RECOMMENDATION

 

That Council:

 

1.         Receive the Transit Vehicle Emissions Reduction Strategy as updated from the 2004 Fleet Emissions Reduction Strategy; and

 

2.         Approve the updated strategy as outlined in the report.

 

                                                                                                            CARRIED

 

 

 

               

3.             TRANSIT PLAN IMPLEMENTATION CRITICAL PATH

 

Mise en oeuvre du plan du transport en commun rapide – chemin critique

 

 

COMMITTEE RECOMMENDATION

 

That Council receive this report for information.

 

                                                                                                            RECEIVED

 

 

TRANSPORTATION COMMITTEE REPORT 32A

 

    

1.                   GREEN Municipal FLEET PLAN

 

                Plan VERt DU parc de véhicules MUNICIPAUX

 

 

COMMITTEE RECOMMENDATIONS

 

That Council:  

 

1.         Approve the updated Municipal Fleet Emissions Reductions Strategy outlined in this report, including the 9 high-priority action items of the Green Municipal Fleet Plan attached as Document 1, which will reduce municipal fleet Green House Gas (GHG) emissions by 3,000 tonnes by 2012, which constitutes 33% of the additional emissions reductions required to achieve the City’s overall proposed GHG reduction target.

 

2.         Direct staff to include in future draft budgets for Council consideration and approval, any operating or capital funding requirements associated with the 24 Green Municipal Fleet Recommendations / Action Items identified in the report.

 

3.         Subject to approval of Recommendation 1, direct staff to include in the 2010 draft budget, the additional costs associated with 10% ethanol blended gasoline ($30,000); Bio-Diesel ($350,000); Bio fuel tanks ($50,000) along with the inclusion in the 2010 draft capital budget of a Green Fleet capital program ($500,000) and Paramedic Rescue Units ESPAR heater retrofits ($100,000).

 
MOTION NO. 72/3

 

Moved by Councillor D. Deans

Seconded by Councillor M. Bellemare

 

WHEREAS the Chief of the Ottawa Paramedics Service and the Fleet Manager have reviewed the requested investment of $100,000 in Espar heater retrofits and have concluded that introduction of new ambulances with this equipment will be a more timely and cost-effective approach for reaching the proposed goals;

 

AND WHEREAS this will result in a reduction of the Capital request in the report to $500,000 from $600,000;

 

THEREFORE BE IT RESOLVED that Recommendation 3 of the Green Municipal Fleet Plan report be amended to read:

 

            Subject to approval of Recommendation 1, direct staff to include in the 2010 draft budget, the additional costs associated with 10% ethanol blended gasoline ($30,000); Bio-Diesel ($350,000); Bio fuel tanks ($50,000) along with the inclusion in the 2010 draft capital budget of a Green Fleet capital program ($500,000).

 

                                                                                                            CARRIED

 

 

Item 1 of Transportation Committee Report 32A was then put to Council and CARRIED as amended by Motion No. 72/3.

 

 

Additional Item

 

 

                LRT LITIGATION - MEDIATION UPDATE

 

                LITIGE ENTOURANT LE TLR – MISE À JOUR AU SUJET DE LA MÉDIATION

 

 

MOTION NO. 72/4

 

Moved by Councillor B. Monette

Seconded by Councillor G. Bédard

 

 

BE IT RESOLVED that Council waive the Rules of Procedure to receive a briefing In Camera, from the City Clerk and Solicitor on matters related to LRT Litigation – Mediation Update, as Council at an In Camera meeting held 13 May 2009, directed the City Clerk and Solicitor to report back on this matter as soon as he had information. 

 

And that Council resolve In Camera pursuant to Procedure By-law 2006-462, Subsections 13 (1) (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.

 

                                                                                                            CARRIED

 

Council resolved In Camera at 11:50 a.m.

 

IN CAMERA SESSION

 

IN COUNCIL

 

Council resumed in open session at 5:40 p.m.

 

Upon resuming in open session, Mayor O’Brien indicated Council had met In Camera to receive a briefing from the City Clerk and Solicitor on matters related to LRT Litigation – Mediation Update.  There were no votes taken other than to give direction to staff or to deal with procedural matters.

 

 

Motion to Adopt Reports

 
MOTION NO. 72/5

 

Moved by Councillor B. Monette

Seconded by Councillor G. Bédard

 

That Agriculture and Rural Affairs Committee Report 44, Audit, Budget and Finance Committee Report 1, Community and Protective Services Committee Report 44, Corporate Services and Economic Development Committee Reports 46 and 46A (In Camera), Planning and Environment Committee Report 55A and 56, Transit Committee Report 30 and Transportation Committee Report 32A be received and adopted as amended.

 

                                                                                                            CARRIED

 

 

 

 

Motions (Requiring Suspension of the Rules of Procedure)

 
MOTION NO. 72/6

 

Moved by Councillor P. Hume

Seconded by Councillor R. Bloess

 

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

 

WHEREAS per motion 70/16 staff had indicated that a report on the Burying of Hydro Lines was expected to be before Committee in August 2009;

 

AND WHEREAS further discussions with Hydro Ottawa necessitated the delay of this report;

 

THEREFORE BE IT RESOLVED THAT Council approve the extension of the report timeline such that the report be listed as part of the agenda of the Planning and Environment Committee meeting of September 22, 2009.

 

                                                                                                            CARRIED

 
 
MOTION NO. 72/7

 

Moved by Councillor R. Bloess

Seconded by Councillor B. Monette

 

That the Rules of Procedure be waived, due to the timeliness of the matter, to consider the following:

 

WHEREAS the property owners of 2714 Pagé Road took out a demolition permit in 2008; and

 

WHEREAS the property owners were unaware of the dates to apply for a property value reduction for their 2008 property tax assessment before the February 28, 2009 deadline; and

 

WHEREAS the application deadlines are defined in the Municipal Act; 2001; and

 

WHEREAS the residents of 2714 Pagé Road have applied and will be eligible for an assessment reduction in 2009;

 

THEREFORE BE IT RESOLVED that, once the value of the 2009 assessment reduction has been established, a one-time grant be provided to the owners of 2714 Pagé Road in the amount of the 2008 property tax reduction that would have been applicable had the appeal been filed in time for 2008, to be calculated proportionally based on the amount of the 2009 assessment reduction, to an upset limit of $1730.

 

Pursuant to Subsection 1 (2) of Procedure By-law 2006-462, Suspension of the Rules of Procedure LOST on a division of 7 YEAS to 12 NAYS (15 votes required) as follows:

 

YEAS (7):        Councillors R. Jellett, M. Bellemare, R. Bloess, B. Monette, S. Qadri, E. El‑Chantiry and S. Desroches.

 

NAYS (12):     Councillors R. Chiarelli, D. Deans, P. Feltmate, D. Holmes, P. Hume, J. Legendre, A. Cullen, D. Thompson, G. Hunter, C. Leadman, M. McRae and Mayor O’Brien.

 

Suspension of the Rules of Procedure having failed, Councillor Bloess submitted the motion as a Notice of Motion.

 

 

Notices of Motion (For Consideration at Subsequent Meeting)

 

MOTION

 

Moved by Councillor R. Bloess

Seconded by Councillor B. Monette

 

WHEREAS the property owners of 2714 Pagé Road took out a demolition permit in 2008; and

 

WHEREAS the property owners were unaware of the dates to apply for a property value reduction for their 2008 property tax assessment before the February 28, 2009 deadline; and

 

WHEREAS the application deadlines are defined in the Municipal Act; 2001; and

 

WHEREAS the residents of 2714 Pagé Road have applied and will be eligible for an assessment reduction in 2009;

 

THEREFORE BE IT RESOLVED that, once the value of the 2009 assessment reduction has been established, a one-time grant be provided to the owners of 2714 Pagé Road in the amount of the 2008 property tax reduction that would have been applicable had the appeal been filed in time for 2008, to be calculated proportionally based on the amount of the 2009 assessment reduction, to an upset limit of $1730.

 

 

By-laws                                                                                   Three Readings

 

MOTION NO. 72/8

 

Moved by Councillor R. Bloess

Seconded by Councillor E. El-Chantiry

 

That the following by-laws be enacted and passed:

 

2009- 309               A by-law of the City of Ottawa to amend By-law No. 2005-439 regulating permanent signs on private property.

 

2009- 310               A by-law of the City of Ottawa to establish certain lands as common and public highway and assume them for public use (Cumberland Ridge Drive).

 

2009- 311               A by-law of the City of Ottawa to amend By-law No. 2008-250 of the City of Ottawa to change the zoning of part of the lands known municipally as 5962 Fourth Line Road.

 

2009- 312               A by-law of the City of Ottawa to amend By-law No. 2008-250 of the City of Ottawa to change the zoning of part of the lands known municipally as 2823 Pierce Road.

 

2009- 313               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 1015 March Road.

 

2009- 314               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 2389 Carsonby Road.

 

2009- 315               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 5858 Third Line Road.

 

2009- 316               A by-law of the City of Ottawa to designate certain lands at 1210 Merivale Road as being exempt from Part Lot Control;

 

                                                                                                            CARRIED

 

 

Confirmation By-law

 

MOTION NO. 72/9

 

Moved by Councillor B. Monette

Seconded by Councillor R. Bloess

 

THAT By-law 2009-317 to confirm the proceedings of Council be enacted and passed.

 

                                                                                                            CARRIED

 

 

 

Adjournment

 

Council adjourned the meeting at 5:46 p.m.

 

 

 

 

 

 

 

CITY CLERK

 

MAYOR