OTTAWA CITY COUNCIL

16 NOVEMBER 2009

ANDREW S. HAYDON HALL

(*Meeting to begin immediately following the Special Meeting of Council)

 

AGENDA 78

 

 

1.       Prayer

 

 

2.                             National Anthem (Councillor G. Hunter)

 

 

3.       Roll Call

 

 

4.       Confirmation of Minutes

 

Confirmation of Minutes of the regular and In Camera meetings of 28 October 2009.

 

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

 

6.       Communications

 

·                    Association of Municipalities of Ontario (AMO) Alerts :

·                    Waste Diversion Act Review

·                    Good Government Bill Proposes Municipal Election Changes

·                    AMO Applauds Government for Moving Forward on the Implementation of Early Learning and Child Care in Ontario

·                    Good Government Bill Contains Minor Changes for Municipalities

·                    Consultation on Blue Box Changes

 

·                    Responses to Inquiries

·                    25-09 – Briefings to Council

·                    23-09 - The formal process when disposing of public lands initially acquired by expropriation

 

7.       Regrets

 

No regrets filed to date.

 

 

8.       Reconsideration

 

CITY COUNCIL – 14 OCTOBER 2009

 

TRANSIT COMMITTEE REPORT 31

 

 

1.             Advancing Smartbus Features

 

Promotion De Caractéristiques Propres Aux Autobus Intelligents

 

 

committee recommendations

 

That Council approve:

 

1.         Advancing the deployment of two SmartBus features being offered as value-added options by the Next Stop Announcement System (NSAS) vendor Clever Devices.

 

2.         A budget of $17M for the 2009 Capital Project - Transit Vehicle Information System, which requires no new funding and includes:

 

a)         $6.72M from previous Council-approved NSAS funding;

b)         $5.65M from a previously identified SmartBus project that will now be incorporated into the Clever Devices’ platform;

c)         $1.6M savings within IO 905146 (Bus Growth); and

d)         $3.03M savings within IO 905205 (Bus Replacement).

 

 

MOTION NO. 75/6

 

Moved by Councillor A. Cullen

Seconded by Councillor M. Wilkinson

 

WHEREAS the City Clerk and Solicitor has been recently apprised of various legal/procurement issues pertaining to the tendering process with respect to the Advancing Smartbus Features;

 

THEREFORE BE IT RESOLVED that the Transit Committee Report 31, Item 1 – Advancing Smartbus Features be deferred for two weeks and that Council direct the City Clerk and Solicitor to bring a report forward prior to the next Council meeting on October 28th, 2009.

 

DEFERRAL CARRIED with Councillor J. Legendre dissenting.

 

CITY COUNCIL – 28 OCTOBER 2009

 

MOTION NO. 76/1

 

Moved by Councillor B. Monette

Seconded by Councillor G. Bédard

 

BE IT RESOLVED that Council resolve In Camera pursuant to Procedure By-law 2006-462, Subsections 13 (1) (a) the security of the property of the City; (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 necessary for that purpose, with respect to Transit Committee Report 31, Item 1, Advancing Smartbus Features , to receive a briefing from the City Clerk and Solicitor.

 

                                                                                    CARRIED

 

Council resolved In Camera at 2:45 p.m.

 

IN CAMERA SESSION

 

IN COUNCIL

 

Council resumed in open session at 4:25 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 Transit Committee Report 31, Item 1, Advancing Smartbus Features.  There were no votes taken other than to give direction to staff or to deal with procedural matters.

 

MOTION NO. 76/2

 

Moved by Councillor A. Cullen

Seconded by Councillor M. McRae

 

WHEREAS, there is a pressing need to implement an automated stop-calling system on the City’s OC Transpo fleet of buses;

 

AND WHEREAS as a result of a competitive City procurement process a qualified proponent has been identified to provide a SmartBus Features Next Stop Announcement System (NSAS) for an automated stop-calling system that will also provide a flexible platform on which future technologies can be quickly and efficiently integrated;

 

AND WHEREAS Council at its meeting of October 28, 2009 received from the General Manager of Transit Services a presentation on Advancing SmartBus Features, including the merits and financial benefits to the City of the automated stop-calling system being proposed by Clever Devices Inc.;

 

AND WHEREAS the General Manager of Transit Services and the City Treasurer are of the opinion that the award of the contract to Clever Devices Inc. as described herein is in the best interest of the City;

 

THEREFORE BE IT RESOLVED THAT pursuant to Sections 9 (1)(c), (e), (f) and 9 (2) of the City’s Purchasing By-law, being BY-LAW NO. 50 OF 2000, as amended, and despite any other sections of the same By-law, that Council deems it to be in the best interest of the City to approve the award of the SmartBus Features Next Stop Announcement System (NSAS) contract to Clever Devices Inc. with an approved budget of $12.1 million based on the existing Council approved budgets as set out in the staff report Transit Committee Report 31, Item 1 (Advancing SmartBus Features).

 

LOST on a division of 10 YEAS to 11 NAYS as follows:

 

YEAS (10):      Councillors D. Holmes, P. Feltmate, J. Legendre, G. Bédard, M. McRae, C. Leadman, P. Hume, A. Cullen, C. Doucet and Mayor O’Brien.

 

NAYS (11):     Councillors R. Chiarelli, R. Bloess, S. Qadri, M. Wilkinson, R. Jellett, D. Deans, B. Monette, S. Desroches, J. Harder, M. Bellemare and G. Hunter.

 

The Recommendations contained in Transit Committee Report 31, Item 1 were then put to Council and LOST on a division of 5 YEAS to 16 NAYS as follows:

 

YEAS (5):        Councillors D. Holmes, P. Feltmate, J. Legendre, G. Bédard and A. Cullen.

 

NAYS (16):     Councillors R. Chiarelli, R. Bloess, S. Qadri, M. McRae, M. Wilkinson, R. Jellett, C. Leadman, D. Deans, B. Monette, S. Desroches, J. Harder, M. Bellemare, P. Hume, G. Hunter, C. Doucet and Mayor O’Brien.

 

 

MOTION NO. 76/3

 

Moved by Councillor R. Bloess

Seconded by Councillor B. Monette

 

BE IT RESOLVED that Council reject the Transit Committee recommendations and tender the rescoped project in a transparent fashion for all interested bidders.

 

BE IT FURTHER RESOLVED that the tender be submitted to Transit Committee and Council before going to market.

 

CARRIED on a division of 11 YEAS to 10 NAYS as follows:

 

YEAS (11):      Councillors R. Chiarelli, R. Bloess, S. Qadri, M. Wilkinson, R. Jellett, D. Deans, B. Monette, S. Desroches, J. Harder, M. Bellemare and G. Hunter.

 

NAYS (10):     Councillors D. Holmes, P. Feltmate, J. Legendre, G. Bédard, M. McRae, C. Leadman, P. Hume, A. Cullen, C. Doucet and Mayor O’Brien.

 

 

MOTION NO. 76/4

 

Moved by Councillor J. Legendre

Seconded by Councillor C. Doucet

 

That Transit Committee Report 31, Item 1, Advancing Smartbus Technology be reconsidered at the Council meeting of 16 November 2009.

 

Pursuant to Subsection 64 (4) of Procedure By-law 2006-462, notice of reconsideration CARRIED on a division of 9 YEAS to 12 NAYS (7 votes required) as follows:

 

YEAS (9):        Councillors D. Holmes, P. Feltmate, J. Legendre, G. Bédard, M. McRae, C. Leadman, A. Cullen, C. Doucet and Mayor O’Brien.

 

NAYS (12):     Councillors R. Chiarelli, R. Bloess, S. Qadri, M. Wilkinson, R. Jellett, D. Deans, B. Monette, S. Desroches, J. Harder, M. Bellemare, P. Hume and G. Hunter.

 

 

9.       Motion to Introduce Reports

(Councillors G. Bédard and S. Desroches)

 

Committee Reports

 

AGRICULTURE AND RURAL AFFAIRS COMMITTEE REPORT 46A

 

 

1.             ZONING - 7725 FLEWELLYN ROAD AND 2021 MUNSTER ROAD

 

ZONAGE - 7725, CHEMIN FLEWELLYN ET 2021, CHEMIN MUNSTER

 

 

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 2021 Munster Road from RU - Rural Countryside Zone to RU[131r] - Rural Countryside [rural exception 337] Zone as detailed in Document 1 and shown in Document 2; and

 

2.         Amend the RU[131r] - Rural Countryside [rural exception 131] Zone as it relates to 7725 Flewellyn Road as detailed in Document 1 and shown in Document 2.

 

 

Corporate Services and Economic Development Committee Report 48

 

 

2.                   DELEGATION OF AUTHORITY – CONTRACTS AWARDED FOR THE PERIOD APRIL 1 TO JUNE 30, 2009, AND LEGAL OUTSOURCING COSTS

 

DÉLÉGATION DE POUVOIR – CONTRATS ACCORDÉS POUR LA PÉRIODE DU 1er AVRIL AU 30 JUIN 2009 ET FRAIS LÉGAUX D’IMPARTITION

 

 

COMMITTEE RECOMMENDATION

 

That Council receive this report for information.

 

 

Corporate Services and Economic Development Committee Report 48A (in camera)

 

 

1.             200 Crichton Street - Litigation Update – in camera - Security of the Property of the City; Litigation or Potential Litigation Affecting the City; the Receiving of Advice That is Subject to Solicitor-Client Privilege - REPORTING OUT DATE – AFTER RESOLUTION OF THE MATTER

 

200, rue Crichton - Mise à jour sur la procédure – à huis clos – la sécurité des biens de la Ville, les litiges actuels ou éventuels ayant une incidence sur la Ville, y compris les questions en litige devant les tribunaux administratifs, et les conseils qui sont protégés par le privilège du secret professionnel de l'avocat, y compris les communications nécessaires à cette fin - Date de compte rendu – après le règlement de la question

 

 

To be dealt with In Camera.

 

 

Planning and Environment Committee Report 59A

 

 

1.             ZONING - 1923 PLAINHILL DRIVE

                                  

ZONAGE - 1923, PROMENADE PLAINHILL

 

 

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 1923 Plainhill Drive  from DR - Development Reserve to R1V[1398] – Residential First Density Zone – Exception 1398, R3Y[1399] – Residential Third Density Zone – Exception 1399, R3WW – Residential Third Density and LC7[XXXX] – Local Commercial Exception, as detailed in Document 2.

 

 

 

2.             ZONING - 8 ROBERT KEMP STREET

 

ZONAGE - 8, RUE ROBERT KEMP

 

 

COMMITTEE meeting information

 

Delegations:      Four Delegations In Support of the report recommendation, and three against

Debate:            1 hour 45 minutes spent on this item

Vote:                Carried, with two members dissenting (Hume, Hunter)

Position of Ward Councillor:     Councillor Deans was present and spoke in favour of the report recommendation.

 

Committee recommendation

 

(This application is subject to Bill 51)

 

That Council refuse an amendment to the Zoning By law 2008 250 to change the zoning of 8 Robert Kemp Street to permit the severance of the lot into three individual lots.

 

 

 

3.             DEMOLITION CONTROL - 967-969 ST. LAURENT BOULEVARD

 

RÉGLEMENTATION DES DÉMOLITIONS - 967-969, BOULEVARD ST LAURENT

 

 

Committee recommendation

 

That Council approve the demolition of a two-storey, two-unit residential building that has already taken place at 969 St. Laurent Boulevard.

 

 

 

4.             FRONT-ENDING AGREEMENT FOR DESIGN AND CONSTRUCTION OF HAZELDEAN PUMP STATION UPGRADES AND DESIGN OF KANATA WEST PUMP STATION

 

entente initiale visant la conception et la réalisation des travaux de modernisation de la station de pompage de HAZELDEAN, et la conception de la station de pompage de KANATA-ouest

 

 

Committee recommendationS AS AMENDED

 

That Council approve entering into:

 

1.                  A front-ending agreement with the Kanata West Owners Group (KWOG) and the Fernbank Landowners, such agreement to be in a form satisfactory to the General Manager, Planning and Growth Management and the City Clerk and Solicitor, for the design and construction of the initial upgrade to the Hazeldean Pump Station.

 

2.                  A front-ending agreement with KWOG, such agreement to be in a form satisfactory to the General Manager, Planning and Growth Management and the City Clerk and Solicitor, for the design of the Kanata West Pump Station and forcemain.

 

3.                  A front-ending agreement with the Fernbank Landowners for the design of the ultimate expansion to the Hazeldean Pump Station, such agreement to be in a form satisfactory to the General Manager, Planning and Growth Management and the City Clerk and Solicitor.

 

4.                  The expenditure to reimburse KWOG and the Fernbank Landowners in 2010, not to exceed $1,111,000, for the design and construction of the upgrade to the Hazeldean Pump Station and the ultimate design of the Hazeldean Pump Station.

 

5.                  The expenditure to reimburse KWOG in 2013, not to exceed $556,000, for the design of the Kanata West Pump Station and forcemain.

 

6.         The funding required to implement infrastructure upgrades for the Glen Cairn community that result from the July 2009 flooding and that are the responsibility of the rate capital program to improve existing conditions be matched with funding timeframes outlined in the respective front ending agreements.

 

 

 

6.             OTTAWA RURAL CLEAN WATER PROGRAM

 

Programme d’assainissement de l’eau en milieu rural d’Ottawa

 

 

Agriculture and Rural Affairs Committee recommendation as amended

 

That Council:

 

1.                  Receive the evaluation of the Ottawa Rural Clean Water Program (ORCWP) dated September, 2009 as detailed in Document 1;

 

2.         Direct staff to work with the Conservation Authorities, the ORCWP Program Committee, rural residents and other stakeholders to modify the program as recommended in the evaluation and report to Agriculture and Rural Affairs Committee, Planning and Environment Committee and City Council in Q3 2010.

 

3.         That any modified well and septic program include equitable treatment of all residential properties on private well and septic systems in Ottawa.

 

 

Planning and environment Committee recommendation

 

That Council:

 

1.                  Receive the evaluation of the Ottawa Rural Clean Water Program (ORCWP) dated September, 2009 as detailed in Document 1;

 

2.         Direct staff to work with the Conservation Authorities, the ORCWP Program Committee, rural residents and other stakeholders to modify the program as recommended in the evaluation and report to Agriculture and Rural Affairs Committee, Planning and Environment Committee and City Council in Q3 2010.

 

 

9.             FRONT YARD PARKING

 

STATIONNEMENT DANS LES COURS AVANT

 

 

Committee recommendation

 

That Council approve the old standard of the Urban Design Guidelines for Low-Medium Density Infill Housing be maintained in order to reduce front yard parking.

 

 

Planning and Environment Committee Report 60

 

 

1.             RESIDENTIAL PROTECTIVE PLUMBING PROGRAM - PROPOSED AMENDMENT - UPSET LIMIT

 

PROGRAMME D’INSTALLATION DE DISPOSITIFS ANTI- REFOULEMENT - MODIFICATION PROPOSÉE - LIMITES MAXIMALE

 

 

Committee recommendation

 

That Council approve an amendment of By-Law 2005-209 as follows:

 

1.      That the grant limit of $7,500 also be applied to properties that are eligible for 100% subsidy and for which the installation of a sealed sump pump system for the foundation drains is one of the protective plumbing devices recommended through the engineering evaluation for the home.

 

2.      That the grant limit be increased from $2,500 to $3,750 for properties that are eligible for 50% funding as they may not have experienced flooding, but are in the area that has previously experienced basement flooding and for which the installation of a sealed sump pump system for the foundation drains is one of the protective plumbing devices recommended through the engineering evaluation for the home.

 

 

 

 

2.             RESIDENTIAL PROTECTIVE PLUMBING PROGRAM - PROPOSED AMENDMENT - PARTIAL PAYMENT

 

PROGRAMME D’INSTALLATION DE DISPOSITIFS ANTI- REFOULEMENT  - PAIEMENT PARTIEL

 

 

Committee recommendation

 

That Council authorize staff to issue partial payments for work completed and paid in exchange for a written acknowledgement by the applicants that remaining works will be completed as recommended and within a one year time frame, failing which the City will recover the partial payment through the tax roll pursuant to the Municipal Act.

 

 

 

10.     Bulk Consent Agenda

 

That Council approve the Bulk Consent Agenda attached as Document 1.

 

 

11.     Motion to Adopt Reports

(Councillors G. Bédard and S. Desroches)

 

 

12.     Motions of Which Notice has Been Given Previously

 

MOTION

 

Moved by Councillor S. Desroches

Seconded by Councillor E. El-Chantiry

 

WHEREAS the Canadian Navy was created in Ottawa by an Act of Parliament in 1910; and

 

WHEREAS 2010 marks the 100th Anniversary of the Canadian Navy; and

 

WHEREAS the City of Ottawa is proud of its longstanding and historical association with the HMCS Ottawa; and

 

WHEREAS events are planned in Ottawa to celebrate the 100th Anniversary including a Canadian Navy monument to be located at Richmond Landing on the Ottawa River;

 

THEREFORE BE IT RESOLVED that the City of Ottawa formally recognize the 100th anniversary of the Canadian Navy through a proclamation, and that the Office of Protocol and appropriate City operations staff be directed to work with the Navy to participate in 100th Anniversary activities within existing budgets.

 

MOTION

 

Moved by Councillor C. Doucet

Seconded by Councillor M. Bellemare

 

WHEREAS City Council wishes to address the long term needs and planning priorities of Ottawa in connection with the redevelopment of Lansdowne Park, and the location of a future multi-use sports stadium easily accessible via rapid transit;

 

RESOLVED THAT, should Council reject the Lansdowne Park partnership proposal, the City:

 

1.      re-initiate a public competitive process to allow for an open, transparent, and competitive procurement to rejuvenate Lansdowne Park;

 

2.      proceed to the next steps in selecting a potential site for a future multi-use sports stadium and arena to be located near a rapid transit station;

 

3.      ensure a reasonable transition period during which Frank Clair Stadium and the Civic Centre are maintained in order to continue existing uses and accommodate possible additional uses such as amateur and/or professional football and/or soccer, on a temporary  and cost-effective basis;

 

4.      develop a plan to fund each of these initiatives in order to maximize any possible sources of funding and partnerships, including federal, provincial, private sector, and other public or not-for-profit involvement.

 

 

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

 

 

14.     Notice of Intent from the City Auditor General

 

            Notice of Intent from the City Auditor General to Table at the 25 November 2009 Council meeting, the following reports:

·                    Office of the Auditor General (OAG) - 2008 Annual Report and 2008 Detailed Audit Reports;

·                    Office of the Auditor General (OAG) 2009 Interim Follow-Up to the 2008 Audit of The Parking Function; and

·                    Office of the Auditor General (OAG) - Audit of the Incremental Costs of the Transit Strike 2008-2009.

 

 

15.     Motion to Introduce By-laws                                                     Three Readings

(Councillors G.  Bédard and S. Desroches)

 

a)                  A by-law of the City of Ottawa to establish certain lands as common and public highway and assume it for public use (Vendevale Avenue)

 

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

 

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

 

d)                  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 7987 Bleeks Road.

 

e)                  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 7725 Flewellyn Road and 2021 Munster Road.

 

f)                    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 part of 972 William Mooney Road.

 

g)                  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 the westerly part of lands known municipally as 1923 Plainhill Drive.

 

h)                  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 the easterly part of lands known municipally as 1923 Plainhill Drive.

 

i)                    A by-law of the City of Ottawa to designate certain lands at 50 Simcoe Street as being exempt from Part Lot Control.

 

j)                    A by-law of the City of Ottawa to designate certain lands at 100 Abetti Ridge as being exempt from Part Lot Control.

 

k)                  A by-law of the City of Ottawa to designate certain lands at 401 and 415 Piccadilly Avenue as being exempt from Part Lot Control.

 

l)                    A by-law of the City of Ottawa to designate certain lands at 1001, 1011, 1019, 1031, 1039 Marconi Avenue as being exempt from Part Lot Control.

 

m)                A by-law of the City of Ottawa to designate certain lands at 1808 to 1814 Maple Grove Road as being exempt from Part Lot Control.

 

n)                  A by-law of the City of Ottawa to designate certain lands at 5159 Kanata Avenue as being exempt from Part Lot Control.

 

o)                  A by-law of the City of Ottawa to designate certain lands at 600 Glastonbury Walk, 700 Whaley Ridge and 100 Silvermoon Crescent as being exempt from Part Lot Control.

 

p)                  A by-law of the City of Ottawa to designate certain lands at Romina Street and Opus Street as being exempt from Part Lot Control and to repeal By-law No. 2009-342.

 

q)                  A by-law of the City of Ottawa to designate certain lands at 221 to 231 Citiplace Drive (odd numbers only) and 200 to 285 Stroget Private as being exempt from Part Lot Control.

 

r)                   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.

 

s)         A by-law of the City of Ottawa to amend By-law No. 2005-209 regarding grants for protective plumbing to reduce the risk of basement or cellar flooding from City sewer backup for residential units.

 

16.     Confirmation By-law (Councillors G. Bédard and S. Desroches)

 

 

17.     Inquiries

 

18.     Adjournment  (Councillors G. Bédard and S. Desroches)

 

 

 

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.