OTTAWA CITY COUNCIL

28 April 2010

ANDREW S. HAYDON HALL

10:00 a.m.

 

MINUTES 88

 

The Council of the City of Ottawa met at Andrew S. Haydon Hall, 110 Laurier Avenue West, Ottawa, on 28 April 2010 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 students from École élémentaire publique Le Prélude.

 

 

MOMENT OF SILENCE – National Day of Mourning

 

As April 28, 2010 was the National Day of Mourning, Council observed a moment of silence in remembrance of the workers who have been injured or who have lost their lives in the workplace.

 

 

Announcements/Ceremonial Activities

 

Recognition – H1N1 Integrated Leadership Group

 

Mayor L. O'Brien presented a Team Achievement Award to the staff involved in the recent H1N1 influenza outbreak.

 

 

Roll Call

 

ALL MEMBERS WERE PRESENT EXCEPT COUNCILLOR J. HARDER.

 

 

Confirmation of Minutes

 

The Minutes of the regular and In-Camera meetings of 14 April 2010 were confirmed.

 

 

Declarations of interest including those originally arising from prior meetings

 

No declarations were received.

 

 

Communications

 

The following communications were received

 

·                     Responses to Inquiries

·         04-10 - Transit Ridership as a Result of the U-Pass

 

·                     Correspondence received from the Honourable Beverley J. Oda, Minister of International Cooperation, with respect to City of Ottawa Assistance for Haiti

 

Regrets

 

Councillor J. Harder (City Business) advised she would be absent from the Council meeting of 28 April 2010.

 

Motion to Introduce Reports

 

MOTION NO. 88/1

 

Moved by Councillor A. Cullen

Seconded by Councillor G. Hunter

 

That the report from the City Manager entitled “Post-Budget City Strategic Plan (Term of Council 2007-2010 – Ending Dec. 31, 2010)”, Audit Budget and Finance Committee Report 8, Community and Protective Services Committee Report 53, Corporate Services and Economic Development Report 52A, Planning and Environment Committee Report 67, Transit Committee Report 38, Transportation Committee Report 38A, be received and considered.

 

And That the Rules of Procedure be suspended to receive and consider Agriculture and Rural Affairs Committee Report 52 and Planning and Environment Committee Report 68, because of the urgency of the items contained in these reports (specific reasons set out below.)

 

(Waiver of the Rules is being requested for the Agriculture and Rural Affairs Committee Report 52 due to an oversight on the part of City Clerk’s staff.

 

Waiver of the Rules is being requested for item 1 of the Planning and Environment Committee Report 68 because it must be considered on April 28th due to an Ontario Municipal Board Hearing on this application.

 

Waiver of the Rules is being requested for item 2 of the Planning and Environment Committee Report 68 because it must be considered on April 28th due to the scheduling of the next Ontario Municipal Board pre-hearing on this matter.)

 

                                                                                                            CARRIED

 

Reports

 

CITY MANAGER

 

 

1.             POST-BUDGET CITY STRATEGIC PLAN (Term of Council 2007-2010 – ENDING DECEMBER 31, 2010)

 

                Plan stratégique de la ville – versioN post-budgétaire (Mandat du Conseil 2007-2010 – SE TERMINANT LE 31 DÉCEMBRE 2010)

 

 

REPORT RECOMMENDATION

 

That Council receive the updated version of the City Strategic Plan (Term of Council 2007-2010) attached as Document 3.

 

                                                                                                                                                RECEIVED

 

 

COMMITTEE REPORTS

 

AGRICULTURE AND RURAL AFFAIRS COMMITTEE REPORT 52

 

 

1.             COMPREHENSIVE ZONING BY-LAW 2008-250:  APPEALS TO THE
ONTARIO MUNICIPAL BOARD FOR SELECTED LANDS WITHIN GREELY VILLAGE

 

RÈGLEMENT DE ZONAGE GÉNÉRAL 2008-250 : APPELS INTERJETÉS À LA
COMMISSION DES AFFAIRES MUNICIPALES DE L’ONTARIO CONCERNANT
DES TERRAINS SÉLECTIONNÉS DANS LE VILLAGE DE GREELY

 

 

Committee Recommendation

That City Council approve the amendments as described in item 2 of the Details of Recommended Zoning in Document 1, for lands shown in Document 2, and forward a by-law incorporating the required amendments to City Council.

 

                                                                                                            CARRIED

 

 

 

2.             OTTAWA FARMERS’ MARKET PILOT
PROJECT EXTENSION - LANSDOWNE PARK

 

prolongation du PROJET PILOTE DE MARCHÉ de
PRODUCTEURS FERMIERS D’OTTAWA - PARC LANSDOWNE

 

 

Committee Recommendations

That Council:

 

1.   Approve the extension of the Ottawa Farmers’ Market Pilot Project at Lansdowne Park for 2010, with an option to extend into 2011 at the discretion of the City Manager; and,

 

2.   Approve that the net direct cost of $111,500 anticipated to be incurred by the Lansdowne Park 2010 Operating Budget from the extension of the pilot for the Ottawa Farmers’ Market be funded from the One-time and Unforeseen account.

 

Agriculture and Rural Affairs Committee Report 52, Item 2 was put to Council and the recommendations were divided for voting purposes.

 

Recommendation 1 CARRIED.

 

Recommendation 2 CARRIED on a division of 15 YEAS to 8 NAYS as follows:

 

YEAS (15):     Councillors M. McRae, R. Jellett, E. El-Chantiry, G. Brooks, A. Cullen, D. Thompson, M. Bellemare, J. Legendre, C. Doucet, C. Leadman, P. Feltmate, P. Hume, D. Deans, D. Holmes and Mayor L. O'Brien.

 

NAYS (8):      Councillors R. Bloess, R. Chiarelli, S. Desroches, B. Monette, S. Qadri, G. Bédard, M. Wilkinson and G. Hunter.

 

 

AUDIT BUDGET AND FINANCE COMMITTEE REPORT 8

 

 

1.             2005 – 2009 AUDIT RECOMMENDATIONS – ACTION STATUS REPORT and process   for reporting ongoing audit status tracking

 

                rECOMMANDATIONS DES VÉRIFICATIONS 2005 – 2009 – RAPPORT  SUR L’ÉTAT         D’AVANCEMENT DES MESURES ET PROCESSUS EN VUE DE FAIRE RAPPORT SUR LE              SUIVI EN COURS DES VÉRIFICATIONS

 

 

COMMITTEE RECOMMENDATIONS

 

That Council:

 

1.                  Receive, for information, the 2009 year-end action status tracking report for the 2005 - 2009 audit recommendations requiring implementation, as outlined in Documents 1 through 5; and

 

2.                  Approve that future action status tracking of audit recommendations be included in the Auditor General’s annual follow-up audits as part of the regular audit reporting process.

 

                                                                                                            CARRIED

 

 

 

2.             CONSERVATION AUTHORITIES - 2010 LEVIES

 

                PRÉLÉVEMENTS 2010 DES OFFICES DE PROTECTION DE LA  NATURE

 

 

COMMITTEE RECOMMENDATIONS

 

That Council approve the 2010 general and special levies, as presented in Document 1, for the following:

 

1.                  Rideau Valley Conservation Authority;

2.                  South Nation Conservation Authority; and

3.                  Mississippi Valley Conservation Authority.

 

                                                                                                            CARRIED

 

 

 

3.             2010 BUDGETS AND SPECIAL LEVIES FOR BUSINESS IMPROVEMENT AREAS AND SPARKS STREET MALL AUTHORITY

 

                BUDGETS DE 2010 POUR LES ZONE D’AMÉLIORATION COMMERCIAL ET       L’ADMINISTRATION DU MAIL DE LA RUE SPARKS

 

 

COMMITTEE RECOMMENDATIONS

 

1.                  That Council approve the 2010 budgets and special levies, as presented in Document 1, for the following:

 

Bank Street BIA;

Barrhaven BIA;

Bells Corners BIA;

ByWard Market BIA;

Carp BIA;

Glebe BIA;

Manotick BIA;

Heart of Orléans BIA;

Preston BIA;

Rideau BIA;

Sparks Street BIA;

Sparks Street Mall Authority;

Somerset Village BIA;

Somerset Chinatown BIA;

Vanier BIA;

Wellington West BIA;

Westboro BIA; and

 

2.         That Council enact the BIA levy by-laws and the Sparks Street Mall Authority by-law for the BIAs and mall authority listed in Recommendation 1, once the 2010 tax ratios are approved by Council.

 

                                                                                                            CARRIED

 

 

 

4.             2010 Tax ratios and other tax policies

 

COEFFICIENTS FISCAUX ET AUTRES POLITIQUES D’IMPOSITION DE 2010

 

 

COMMITTEE RECOMMENDATIONS, AS AMENDED

 

That Council approve:

 

1.         The adoption of the following optional property classes in 2010:

·   Shopping centre commercial property class;

·      Parking lots and vacant lands commercial property class;

·      Office building commercial property class;

·      Large industrial property class;

·      New multi-residential property class; and

·      Professional sports facility class;

 

2.         The adoption of the following tax ratios for 2010:

 

Tax Class

Ratios  **

Residential

1.000000

New Multi-Residential

1.000000

Farm

0.200000

Managed Forest

0.250000

Pipeline

1.540536

Commercial Broad Class

2.042619

 - Commercial *

1.942063

 - Office Building *

2.346232

 - Parking Lots and Vacant Land – Commercial *

1.272478

 - Shopping Centre *

1.615414

 - Professional Sports Facility *

N/A

Industrial Broad Class

2.496569

 - Industrial *

2.651790

 - Large Industrial *

2.277207

* including new construction classes for BET purposes

 ** Subject to final minor revisions upon OPTA close-off

 

3.         The adoption of the following tax ratios and by-laws for the mandatory property subclasses and the tax rate percentage reduction for farmland awaiting development:

·          Commercial excess land (i.e. commercial, office and shopping centre tax classes) - 70% of the applicable commercial property class tax ratio;

·                     Vacant industrial land, industrial and large industrial excess land - 65% of the applicable industrial property class tax ratio; and

·                     Farm lands awaiting development subclass I - 75.0% of the residential property class tax ratio and the corresponding tax rate percentage reduction for the awaiting residential, multi-residential, commercial and industrial property classes; and Farm lands awaiting development subclass II - no tax rate reduction;

 

4.         That the tax rates for 2010 be established based on the ratios adopted herein;

 

5.         a)         That the 2010 capping parameters be approved at the higher of 10% of the previous year’s annualized tax or 5% of the 2009 Current Value Assessment (CVA) taxes;

b)                 That for 2010 capped/clawback properties whose recalculated annualized taxes fall within $250 of their CVA taxation be moved to their CVA tax for the year;

c)                  That for 2010, properties which have reached their CVA during 2009 or crossed over from the clawed back category to the capped category remain at CVA taxes and be excluded from any further and future capping adjustments; and

d)                 That for 2010, properties that cross over from the capped category to the clawed back category remain subject to claw back adjustments;

 

6.                  That the tax level for “new construction” properties be set at a minimum level of 100% of their CVA taxes for 2010 and future taxation years;

 

7.                  That the property tax mitigation programs currently in place and detailed in this report be continued for 2010, including the Farm Grant Program and the Low Income Seniors and Disabled Persons Complete Tax Deferral Program; and

 

8.         That By-Law 2007-476 be amended to reflect the move of the Royal Canadian Legion branch to their new location in Barrhaven.

 

                                                                                                            CARRIED

 

 

 

5.            DISPOSITION OF 2009 TAX SUPPORTED OPERATING DEFICIT

 

                RÈGLEMENT DU DÉFICIT DE 2009 DES OPÉRATIONS FINANCÉES PAR LES     RECETTES FISCALES

 

 

COMMITTEE RECOMMENDATIONS AS AMENDED

 

That Council approve the following transfers from reserve funds:

 

1.      That the deficit of $17.4 million, after adjustments made under delegated authority, in the tax supported operations be funded by:

a)      a transfer from the City Wide Capital Reserve Fund of $5.3 million;

b)     a transfer from the Corporate Fleet Reserve Fund of $11.9 million, to be repaid in future years capital budgets; and

c)      a transfer from the Library Capital Reserve Fund of $0.152 million;

 

2.         That $5 million in 2009 budgeted land sales from the Ottawa Lands Development Corporation be funded from 2010 land sale proceeds; and

 

3.         That the report be forwarded to Council with the REVISED Document 2.

 

                                                                                                            CARRIED

 

 

COMMUNITY AND PROTECTIVE SERVICES COMMITTEE REPORT 53

 

 

1.             OTTAWA FIRE SERVICES - 2010 RECRUITMENT CAMPAIGN UPDATE AND HIRING PROCESS ADJUSTMENT

SERVICE DES INCENDIES D’OTTAWA – MISE À JOUR DE LA CAMPAGNE DE RECRUTEMENT DE 2010 ET MODIFICATION DU PROCESSUS D’EMBAUCHE

 

 

Committee RecommendationS

 

That Council approve:

 

1.         An amendment to the Ottawa Fire Service hiring process to require only the candidates who have successfully passed the interview stage to complete the Candidate Physical Ability Test (CPAT);

 

2.         That effective 3 May2010 the fee to take the CPAT be adjusted from $200 to $450 to maintain cost recoverability; and,

 

3.         That effective 3 May 2010 the application fee be adjusted from $175 to $220 to maintain cost recoverability.

 

                                                                                                            CARRIED

 

 

 

2.             OTTAWA 20/20 ARTS AND HERITAGE PLAN 5-YEAR PROGRESS REPORT AND RENEWAL PROCESS

PLAN POUR LES ARTS ET LE PATRIMOINE OTTAWA 20/20 -  RAPPORT QUINQUENNAL ET PROCESSUS DE RENOUVELLEMENT

 

 

Committee RecommendationS

 

That Council :

 

1.                  Receive the Ottawa 20/20 Arts and Heritage Plan 5-Year Progress Report attached as Annex 1; and

2.                  Approve the establishment of and Terms of Reference for an Ottawa 20/20 Arts and Heritage Plan Renewal Steering Committee attached as Annex 2.

 

                                                                                                            CARRIED

 

 

CORPORATE SERVICES AND ECONOMIC DEVELOPMENT REPORT 52A

 

 

1.             QUARTERLY PERFORMANCE REPORT TO COUNCIL, q4: October 1 – December 31,            2009

 

                rapport TRIMESTRIEL SUR LE rendement présenté au conseil POUR LE       4E TRIMESTRE, du 1ER OCTOBRE AU 31 DÉCEMBRE 2009

 

 

COMMITTEE RECOMMENDATION

 

That Council receive the report for information.

 

                                                                                                            RECEIVED

 

 

PLANNING AND ENVIRONMENT COMMITTEE REPORT 67

 

 

1.             ZONING - 6151 RENAUD ROAD AND 6255 RENAUD ROAD

 

ZONAGE – 6151, CHEMIN RENAUD ET 6255, CHEMIN RENAUD

 

 

Committee recommendationS

 

(This matter is not subject to Bill 51)

 

That Council approve:

 

1.                  An amendment to Zoning By-law 2008-250 to change the zoning of parts of 6151 Renaud Road and 6255 Renaud Road from DR Development Reserve to R3YY[x], Residential Third Density, Subzone YY, Exception [x] and Parks and Open Space [O1] as shown in Document 1 and as detailed in Document 2.

 

2.                  An amendment to Zoning By-law 2008-250 to change the zoning of part of 6151 Renaud Road from DR Development Reserve to Residential Third Density, Subzone Z, Exception [x1], [x2], and [x3] Zones,  R3Z[x1], R3Z[x2] and R3Z[x3]  and Parks and Open Space [O1] as shown in Document 1 and as detailed in Document 2.

 

                                                                                                            CARRIED

 

 

 

2.             ZONING - 1105 NORMANDY CRESCENT

 

ZONAGE - 1105, CROISSANT NORMANDY

 

 

Committee recommendation

 

(This matter is subject to Bill 51)

 

That Council approve an amendment to the Zoning By-law 2008-250 to change the zoning of 1105 Normandy Crescent from R1FF, Residential First Density Zone to R2M [xxx] S xxx, Residential Second Density Exception Zone, as shown on Document 1, and as detailed in Documents 2 and 3.

 

            CARRIED, with Councillor P. Hume dissenting.

 

 

 

3.             2009 ANNUAL REPORT ON BUILDING CODE FEES

 

RAPPORT ANNUEL DE 2009 SUR LES DROITS DE PERMIS DE CONSTRUCTION

 

 

Committee recommendationS

 

That Council approve the 2009 Annual Report on Building Code Fees.

 

                                                                                                            CARRIED

 

 

 

4.             BUILDING PERMIT FEE RATE REDUCTION

 

RÉDUCTION DES DROITS RELATIFS AU PERMIS DE CONSTRUCTION

 

 

Committee recommendationS

 

That Council approve, effective May 1, 2010:

 

1.             A reduction in the building permit fee rate from $12.50 to $12.00 per $1,000 in construction value for all construction except farm buildings;

 

2.             A reduction in the building permit fee rate for farm buildings from $8.75 to $8.40 per $1,000 in construction value; and

 

3.             That the Building By-law 2005-303 be amended accordingly.

 

                                                                                                            CARRIED

 

 

 

5.             RESIDENTS' PETITION FOR THE INSTALLATION OF SANITARY SEWER INFRASTRUCTURE AS A LOCAL IMPROVEMENT IN SWANS WAY SOUTH

 

PÉTITION DES RÉSIDENTS EN VUE DE L’INSTALLATION D’UN RÉSEAU SÉPARATIF À TITRE D’AMÉLIORATION LOCALE DE LA VOIE SWANS SUD

 

 

Committee recommendationS

 

That Council approve a by-law to undertake the construction of a sanitary sewer on Swans Way South as petitioned Local Improvement works in accordance with the cost apportionment as outlined in this report.

 

                                                                                                            CARRIED

 

 

6.             PLAN FOR PROMOTING MUNICIPAL DRINKING WATER

 

PLAN POUR LA PROMOTION DE L’EAU POTABLE MUNICIPALE

 

 

Committee recommendationS as amended

 

That Council approve:

 

1.         The 5-year Plan for Promoting Municipal Drinking Water set out in this report; and

 

2.         That the City of Ottawa launch a competition to name the water trailers.

 

MOTION NO. 88/2

 

Moved by Councillor B. Monette

Seconded by Councillor S. Qadri

 

WHEREAS staff have proposed to promote City water usage with the help of Water Mobiles; and

 

WHEREAS two pickup trucks and two water trailers will need to be purchased to operate the Water Mobiles at an estimated cost of $120,000; and

 

WHEREAS the Water Mobiles, once purchased, will cost City of Ottawa ratepayers an additional $34,000 and $25,000 per year to operate and promote respectively; and

 

WHEREAS staff proposed hiring three summer students this year to help promotion efforts in conjunction with Water Mobiles at a cost of $21,000; and

 

WHEREAS the drinking water program sustained a deficit of $5.579 million in 2009;

 

THEREFORE BE IT RESOLVED the Water Mobile program be cancelled in its entirety; and

 

BE IT FURTHER RESOLVED that approximately $200,000 in savings realized from the cancellation be transferred to the appropriate reserve accounts.

 

Upon receipt of advice from the City Clerk and Solicitor, Acting Deputy Mayor Cullen, ruled that suspension of the Rules of Procedure would be required to consider Motion No. 88/2 as it related to an item adopted in the 2010 Rate Budget.  Councillor D. Deans challenged the Acting Deputy Mayor’s ruling.  Acting Deputy Mayor Cullen was not sustained, on a division of 9 YEAS to 14 NAYS as follows:

 

YEAS (9):       Councillors G. Brooks, A. Cullen, G. Bédard, J. Legendre, C. Doucet, C. Leadman, P. Feltmate, P. Hume and D. Holmes.

 

NAYS (14):    Councillors M. McRae, R. Bloess, R. Chiarelli, R. Jellett, S. Desroches, E. El‑Chantiry, B. Monette, D. Thompson, S. Qadri, M. Bellemare, M. Wilkinson, G. Hunter, D. Deans and Mayor L. O'Brien.

 

MOTION NO. 88/3

 

Moved by Councillor M. Wilkinson

Seconded by Councillor P. Hume

 

That the Motion No. 88/2 be amended as follows:

 

In the 1st Therefore be it Resolved, delete “be cancelled in its entirety” and replace with “be reduced to include one mobile vehicle only”; and

 

In the 2nd Therefore be it Resolved, change $200,000 to $100,000.

 

Motion No. 88/3 LOST on a division of 8 YEAS to 12 NAYS as follows:

 

YEAS (8):       Councillors A. Cullen, G. Bédard, J. Legendre, C. Doucet, P. Feltmate, P. Hume, M. Wilkinson and D. Holmes.

 

NAYS (12):    Councillors R. Bloess, R. Chiarelli, R. Jellett, S. Desroches, E. El-Chantiry, G. Brooks, B. Monette, D. Thompson, S. Qadri, G. Hunter, D. Deans and Mayor L. O'Brien.

 

Motion No. 88/2 was then replaced with the following motion:

 

MOTION NO. 88/4

 

Moved by Councillor S. Qadri

Seconded by Councillor B. Monette

 

WHEREAS staff have proposed to promote City water usage with the help of Water Mobiles; and

 

WHEREAS two pick up trucks and two water trailers will need to be purchased to operate the Water Mobiles at an estimated cost of $120,000; and

 

WHEREAS the Water Mobiles, once purchased, will cost City of Ottawa ratepayers an additional $34,000 and $25,000 per year to operate and promote respectively; and

 

WHEREAS staff proposed hiring three summer students this year to help promotion efforts in conjunction with Water Mobiles at a cost of $21,000; and

 

WHEREAS the drinking water program sustained a deficit of $5.579 million in 2009;

 

THEREFORE BE IT RESOLVED that the City investigate a corporate sponsor for the cost of water on wheels;

 

BE IT FURTHER RESOLVED that the water mobile program only proceed if a sponsor is identified;

 

BE IT FURTHER RESOLVED that that approximately $200,000 in savings realized from the above be transferred to the appropriate reserve accounts.

 

                                                                                                            CARRIED

 

Item 6 of the Planning and Environment Committee Report 67 was then put to Council and CARRIED as amended by Motion No. 88/4.

 

 

 

7.             REVIEW OF THE WATER, SANITARY AND STORMWATER RATE STRUCTURE

 

EXAMEN DE LA STRUCTURE DE REDEVANCES POUR L’EAU, LES EAUX-VANNES ET LES EAUX PLUVIALES

 

 

Committee recommendationS as amended

 

That Council approve:

 

1.                  Implementation of a “base plus volumetric” rate structure commencing in 2011, subject to confirmation of the volumetric rate at the 11 May 2010 meeting of Planning and Environment Committee;

 

2.                  Full cost recovery by service area, specifically:  different rates for the provision of drinking water services, and sanitary and stormwater services;

 

3.                  That staff further examine options for the recovery of stormwater and drainage costs in 2010, for report back to Council in 2011;

 

4.                  That staff further examine options for the recovery of costs from Russell Township and report back in Q4, 2010;

 

5.                  That staff be directed to bring forward a companion report to the phase 2 water efficiency strategy, which outlines options for different volumetric rates based on levels of consumption that would be more supportive and encourage greater conservation efforts, as well as the option of phasing the base charge in over five years; and

 

6.                  That the options for different volumetric charges include a rate structure that would effect no increase in costs (when comparing the existing and proposed rate structures using base year 2010) to those with an average consumption of or less than 18 m3/mo. and shift resulting impact to those with an average consumption higher than 18 m3/mo.

 

MOTION NO. 88/5

 

Moved by Councillor P. Hume

Seconded by Councillor P. Feltmate

 

WHEREAS Planning and Environment Committee, in keeping with municipal best practice, approved in principle a new water and sanitary sewer rate structure that included a fixed fee plus volumetric charge; and

WHEREAS the Planning and Environment Committee did not approve the specific fixed fee and volumetric charge because there were no options for different volumetric rates based on levels of consumption that would be more supportive and encourage greater conservation efforts and no options for phasing in the base charge in over five years; and

WHEREAS Committee directed staff to bring forward options that would be more encourage conservation and allow a phase-in, making sure that any options for different volumetric charges included a rate structure that would effect no increase in costs (when comparing the existing and proposed rate structures using base year 2010) to those with an average consumption of or less than 18 m3/mo. and shift resulting impact to those with an average consumption higher than 18 m3/mo. prior to approving a specific rate; and

WHEREAS, although Planning and Environment Committee was to consider the options on May 11, the staff investigation has revealed that due to the antiquated nature of our billing data collection network it is not possible to bring forward options that would be more supportive and encourage greater conservation efforts; and

WHEREAS over the next 2 years City Council will  modernize our data collection systems which will allow Committee and Council to consider a number of options for a rate structure that will be more supportive and encourage greater conservation efforts; and

WHEREAS the Deputy City Manager and the General Manager of Environmental Services agree that Council would have a greater range of options that could better meet the needs of the Citizens of Ottawa and be more supportive and encourage conservation efforts after the modernization projects are complete;

THEREFORE BE IT RESOLVED that the report titled “REVIEW OF THE WATER, SANITARY AND STORMWATER RATE STRUCTURE” be referred back to staff to be updated and brought forward to Committee and Council when the data collection network (AMI) projects are complete and operational.

                                                                                                            DEFERRAL CARRIED

 

 

 

8.             DISPOSITION OF 2009 RATE SUPPORTED OPERATING DEFICIT

 

SUIVI DU DÉFICIT DE FONCTIONNEMENT 2009 FINANCÉ PAR

LES TARIFS

 

 

Committee recommendationS

 

That Council approve the following:

 

1.                  That the 2009 deficit of $5.579 million in the drinking water program be funded from a transfer from the Water Capital Reserve Fund;

 

2.                  That the 2009 deficit of $11.177 million in the wastewater program be funded from a transfer from the Wastewater Capital Reserve Fund; and

 

3.                  That the capital project authorities and financing adjustments, as detailed in Document 2 to this report, be approved, and that $5.579 million be returned to the Water Capital Reserve Fund and $11.177 million be returned to the Wastewater Capital Reserve Fund.

 

                                                                                                            CARRIED

 

 

 

9.             SEWER CHARGE ADJUSTMENT FOR PROPERTIES WITH NO WATER SERVICES

 

AJUSTEMENT DES REDEVANCES D’ÉGOUTS POUR LES PROPRIÉTÉS SANS SERVICE D’EAU

 

 

Committee recommendationS

 

That Council approve:

 

1.                  A credit program for current owners to offset or adjust the sewer service charges collected by property taxes for the period of ownership between 2001 and 2009 to be applied to the 2010 Final Tax Bills issued in May 2010;

 

2.                  That such credit program include interest and provision in the same manner as authorized by the Municipal Act Section 345 and Education Act Section 257.11 for overpayments; and

 

3.                  That the estimated cost of this program in the amount of $797,000 be funded by the Sewer Reserve.

 

MOTION NO. 88/6

 

Moved by Councillor G. Brooks

Seconded by Councillor E. El-Chantiry

 

WHEREAS the Planning and Environment Committee Report 67, Item 9, “Sewer Charge Adjustment for Properties with No Water Services” offers redress to current property owners only; and

 

WHEREAS the Ward 21 Council has reviewed the Committee report and determined that the staff report is not as fair as it could and should be, as it does not currently allow for those who have been overcharged to be fully reimbursed with interest for those years of being overcharged or for those who have relocated to be reimbursed; and

 

WHEREAS staff has advised that the changes to the program as recommended by the Ward 21 Council would cost approximately $210,000 plus advertising; 

 

THEREFORE BE IT RESOLVED that the Sewer Charge Adjustment for Properties with No Water Services program be amended as follows:

1.      That the value of the overpayment includes the interest that would have been accrued over the period of the overpayment;

2.      That the program be expanded to include previous owners as well as current owners, such that:

a.      Previous owners must make an application to the City for reimbursement;

b.      That Notice of the program be provided through advertising in local papers; and

c.       The application period be sixty (60) days from the Notice period.

 

Motion No. 88/6 CARRIED on a division of 15 YEAS to 7 NAYS as follows:

 

YEAS (15):     Councillors M. McRae, R. Bloess, R. Chiarelli, R. Jellett, E. El-Chantiry, G. Brooks, A. Cullen, B. Monette, S. Qadri, M. Bellemare, C. Leadman, P. Feltmate, M. Wilkinson, G. Hunter and D. Deans.

 

NAYS (7):      Councillors S. Desroches, G. Bédard, J. Legendre, C. Doucet, P. Hume, D. Holmes and Mayor L. O’Brien.

 

Item 9 of the Planning and Environment Committee Report 67 was then put to Council and CARRIED as amended by Motion No. 88/6.

 

 

 

10.          REQUIREMENT FOR INLET CONTROL DEVICES

 

EXIGENCE POUR LES DISPOSITIFS DE CONTRÔLE DU DÉBIT

 

 

Committee recommendationS

 

That Council approve that, until such time as new protocols are finalized and approved by Council, staff be directed to permit connections to the existing storm sewer system provided that a flow limiting orifice plate, designed by an engineer to the satisfaction of the City, be installed at the storm water outlet prior to connecting upstream storm sewers.

 

                                                                                                            CARRIED

 

 

PLANNING AND ENVIRONMENT COMMITTEE REPORT 68

 

 

1.             ZONING - 801 ALBERT STREET

ZONAGE - 801, RUE ALBERT

 

 

Committee recommendationS as amended

 

(This matter is not subject to Bill 51)

 

That Council refuse an amendment to the Zoning By law 2008 250 and former City of Ottawa By-law 93-98 to change the zoning of 801 Albert Street to permit a mixed-use development for the reasons outlined in the report and because, given the significant infrastructure easements required and already located on the site, Committee is of the view that this site is not developable without the following:

a.             completion of a Master Servicing Study as part of the Community Design Plan (CDP) process to confirm the water, sewer and storm sewer service infrastructure requirements, including the potential and options for relocating main trunk lines to better accommodate development and design objectives determined through the CDP process;

b.             completion of a comprehensive Transportation and Traffic Impact Assessment as part of the CDP process that will address the surrounding area transportation and traffic issues and the property’s vehicle access and egress requirements;

c.              completion of the Bayview-Carling CDP to determine a larger direction for how this site would fit within the development program for the CDP; and

d.             approval of an application for Site Plan Control following completion of the CDP which reflects and implements the directions determined through the CDP for the site, and is consistent with the policies of the Official Plan for Mixed-Use Centres.

 

MOTION NO. 88/7

 

Moved by Councillor G. Hunter

Seconded by Councillor R. Bloess

 

WHEREAS the Planning Act provides to the City a period of 120 days to review a zoning application; and

 

WHEREAS, although a rezoning application for 801 Albert was submitted several years ago, the current proposal was only submitted in March, 2010, less than two months ago; and

 

WHEREAS  it is appropriate to allow the Community, Committee and Council additional time to give further consideration to issues such as density and parking; and

 

THEREFORE BE IT RESOLVED THAT the matter of the zoning for 801 Albert Street be referred back to Planning and Environment Committee for further consideration of density, servicing and parking; and

 

BE IT FURTHER RESOLVED THAT the City Clerk and Solicitor be directed to seek a hearing in November or December, 2010 in to permit Council to develop a position on these issues.

 

                                                                                                                                                REFERRAL CARRIED

 

 

 

2.             COMPREHENSIVE ZONING BY-LAW 2008-250: APPEALS TO THE ONTARIO MUNICIPAL BOARD (OMB URBAN AREA APPEALS MAY 2010)

 

RÈGLEMENT GÉNÉRAL DE ZONAGE 2008-250 : APPELS À COMMISSION DES AFFAIRES MUNICIPALES DE L’ONTARIO (APPELS DE LA ZONE URBAINE À LA CAMO – MAI 2010)

 

 

Committee recommendationS as amended

 

(This matter is subject to Bill 51)

 

That Council approve:

 

1.                  The amendments recommended in Column 4 of Document 1, to resolve certain appeals to By‑law 2008-250, and forward a by-law incorporating the required amendments to the Ontario Municipal Board, as amended in the attached Revised Document 1, and as amended by the following:

 

2.                  That the parking requirement of two places per detached, semi-detached or multiple detached in row (a)(iii) in Table 101 be added to the staff report as a temporary zoning provision, with a proviso that it be permitted to be in tandem, and such that it will expire, subject to enactment of further zoning by-laws, on 25 June 2011;

 

3.                  That staff ensure that the question of parking standards in Stittsville is before Planning and Environment Committee, with the requisite consultation and public notice, no later than the first meeting of Committee in May, 2011 such that a new by-law, as Council deems appropriate, can be enacted prior to June 25, 2011

 

4.                  The amendments as described in Details of Recommended Zoning in Document 3, for lands shown in Document 4, and forward a by-law incorporating the required amendments to City Council.

 

5.                  That there be no further notice pursuant to Section 34 (17) of the Planning Act.

 

                                                                                                            CARRIED

 

TRANSIT COMMITTEE REPORT 38

 

 

1.         FLEET ACQUISITION STRATEGY

 

STRATÉGIE D’ACQUISITION DU PARC DE VÉHICULES

 

 

COMMITTEE RECOMMENDATIONS AS AMENDED

 

That Council:

 

1.   Approve the purchase of 226 New Flyer buses (model D60LFR) from New Flyer under the existing agreement, as outlined in this report;

 

2.   Delegate authority to the General Manager, Transit Services, to amend the current warranty support agreement with New Flyer to incorporate the new vendor support agreement;

 

3.   Delegate Finance the authority to seek alternative funding sources and report back to Council with the results; and

 

4.   Direct that an annual report be provided to Transit Committee that will describe the operating costs and savings of the New Flyer articulated bus purchase.

 

 

MOTION NO. 88/8

 

Moved by Councillor A. Cullen

Seconded by Councillor G. Bedard

 

WHEREAS  in the Transit Committee Report 38, Item 1, “Fleet Acquisition Strategy”, staff have indicated that $142 Million in debt financing will be required by the City in regards to this investment but a recommendation authorizing the funding of the purchase was inadvertently omitted from the report; and

 

WHEREAS  the City Treasurer has the delegated authority to finalize terms and conditions of debt issues pursuant to Section 16, Schedule “A” of By-law No. 2009-231, the Delegation of Authority By-law;

 

THEREFORE BE IT RESOLVED that City Council approve debt in the amount of up to $142 million for the purchase of 226 New Flyer buses; and

 

BE IT FURTHER RESOLVED that Council authorize the Treasurer to apply to Ontario Infrastructure Projects Corporation (OIPC) for a loan to finance all or part of the amount of debt required and to do all things necessary to complete the transaction and/or to issue debentures to provide all or part of the financing required in accordance with the Delegation of Authority by-law as above.

 

                                                                                                                                                CARRIED

 

Item 1 of Transit Committee Report 38 was the put to Council and CARRIED, as amended by Motion No. 88/8, on a division of 18 YEAS to 3 NAYS as follows:

 

YEAS (18):     Councillors M. McRae, R. Bloess, R. Jellett, S. Desroches, E. El-Chantiry, A. Cullen, S. Qadri, M. Bellemare, G. Bédard, J. Legendre, C. Doucet, C. Leadman, P. Feltmate, P. Hume, M. Wilkinson, G. Hunter, D. Holmes and Mayor L. O’Brien.

 

NAYS (3):      Councillors R. Chiarelli, B. Monette and D. Deans.

 

 

TRANSPORTATION COMMITTEE REPORT 38A

 

    

1.             COSTS FOR DIFFERENT TRANSPORTATION MODES

 

COÛTS DE DIVERS MOYENS DE TRANSPORT

 

 

Committee Recommendations

 

That Council approve that the 2011 Budget include capital and operating information for single vehicle use, express bus, rural/suburban route, inner greenbelt transit services, pedestrian and cycling; and that this information be used to calculate the differential impact on the tax rate of the provision of these services.

 

Item 1 of the Transportation Committee Report 38A CARRIED on a division of 11 YEAS to 9 NAYS as follows:

 

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

 

NAYS (9):      Councillors R. Bloess, R. Jellett, S. Desroches, E. El-Chantiry, G. Brooks, B. Monette, S. Qadri, M. Wilkinson and Mayor L. O'Brien.

 

MOTION NO. 88/9

 

Moved by Councillor M. Wilkinson

Seconded by Councillor E. El-Chantiry

 

That Transportation Committee Report 38A, Item 1, Costs for Different Transportation Modes be reconsidered at the Council meeting of 12 May 2010.

 

Pursuant to Subsection 64 (4) of Procedure By-law 2006-462, notice of reconsideration CARRIED on a division of 7 YEAS to 11 NAYS (6 votes required) as follows:

 

YEAS (7):       Councillors R. Jellett, E. El-Chantiry, B. Monette, S. Qadri, M. Wilkinson, G. Hunter and Mayor L. O'Brien.

 

NAYS (11):    Councillors G. Brooks, A. Cullen, M. Bellemare, G. Bédard, J. Legendre, C. Doucet, C. Leadman, P. Feltmate, P. Hume, D. Deans and D. Holmes.

 

 

    

2.             PILOT PROJECT FOR ADAPTIVE STREET LIGHTING TECHNOLOGY

 

PROJET PILOTE DE TECHNIQUE D’ÉCLAIRAGE ADAPTATIF DES RUES

 

 

Committee Recommendations

 

That Council:

 

1.                  Approve the authorization that the City Manager participate in Hydro Ottawa’s pilot project for the LumenIQ Adaptive Street Lighting Technology in consultation with the affected ward Councillors who have expressed an interest in supporting the pilot program; and

 

2.         Direct that the City Manager report back to the Transportation Committee after one year on the results of the pilot.

 

                                                                                                            CARRIED

 

 

    

3.             2010 SIDEWALK/PATHWAYS LINKS PROGRAM PROJECT SUBSTITUTIONS

 

programme de trottoirs/sentiers de 2010 – SUBSTITUTION de projets

 

 

Committee Recommendations

 

That Council approve:

 

1.                  The implementation of a sidewalk on the west side of Riverside Drive between Uplands Drive and Hunt Club Road as a substitute project, as described in the report;

 

2.                  The implementation of pedestrian improvements on Blair Road between Laura Private and Innes Road on the west side, and between Meadowbrook Road and Innes Road on the east side as a substitute project, as described in the report; and

 

3.                  The implementation of pedestrian improvements on River Road between Tewsley Drive and the existing pedestrian signal 300 metres south as a substitute project, as described in the report.

 

                                                                                                CARRIED

 

 

    

4.             Pedestrian safety evaluation program

 

Programme d’Évaluation de la sÉcuritÉ des piÉtons

 

 

Committee Recommendations

 

That Council approve:

 

1.         A three year pilot of the Pedestrian Safety Evaluation Program for intersections, as outlined in this report;

 

2.         That countermeasures identified by staff, the ward Councillors and the community, through the Pedestrian Safety Evaluation Program, be implemented in 2010 at Donald Street and the Vanier Parkway; and Carling Avenue and Holland Avenue; and,

 

3.         That staff prepare an evaluation report of the three year pilot for Transportation Committee in 2013.

 

                                                                                                            CARRIED

 

 

    

5.             WAIVER TO ENCROACHMENT BY-LAW 2003-446 FOR A STATUE AT 53 ELGIN STREET

 

DÉROGATION AU RÈGLEMENT 2003-446 SUR LES DROITS D'EMPIÈTEMENT RELATIVEMENT À UNE STATUE AU 53, RUE ELGIN

 

 

Committee Recommendation

 

That Council approve a waiver to Section 3(2) of the of the City of Ottawa Encroachment By-law 2003-446 in order to permit permanent surface encroachments on the City’s right-of-way at the southwest corner of the National Arts Centre at 53 Elgin Street.

 

                                                                                                CARRIED

 

 

 

6.             SEGREGATED CYCLING FACILITY

 

INFRASTRUCTURE CYCLABLE SÉPARÉE

 

 

Committee Recommendations

 

That Council approve the following:

 

1.         That the planned public consultation component of the segregated cycling lane pilot project be broadened with the immediate formation of a Public Advisory Committee to review staff options, and that this PAC include:

·         Community Association representatives

·         Cycling Community representatives

·         BIA representatives

·         residents at large

·         representative(s) of a religious institution;

 

2.         That any go-forward plan for a segregated cycling facility in Somerset Ward allow for 4 (four) public meetings within the geographic areas of:

·         Canal to Elgin

·         Elgin to Bank

·         Bank to Bronson

·         Bronson to Preston;

 

3.         That should a pilot be installed and maintained over 2 (two) years, that funding be identified in the second year for detailed planning, urban design and construction so that if the pilot is planned to continue into a 3rd year, it can be installed permanently;

 

4.         That in addition to the 2008 motion, staff be directed to evaluate other corridors city-wide for consideration of an on-street segregated cycling facility; and

 

5.         That Scott Street, Carling Avenue and Island Park Drive be included in the city-wide evaluation for on-street segregated cycling facilities.

 

CARRIED, with Councillor E. El-Chantiry dissenting.

 

 

Disposition of Items Approved by Standing Committees Under Delegated Authority

 

That Council receive the list of items approved by its Standing Committees under Delegated Authority, attached as Document 2.

 

                                                                                                RECEIVED

 

Motion to Adopt Reports

 

MOTION NO. 88/10

 

Moved by Councillor A. Cullen

Seconded by Councillor G. Hunter

 

That the report from the City Manager entitled “Post-Budget City Strategic Plan (Term of Council 2007-2010 – Ending Dec. 31, 2010)”, Agriculture and Rural Affairs Committee Report 52, Audit Budget and Finance Committee Report 8, Community and Protective Services Committee Report 53, Corporate Services and Economic Development Report 52A, Planning and Environment Committee Report 67 and 68, Transit Committee Report 38, Transportation Committee Report 38A, be received and adopted as amended.

 

                                                                                                            CARRIED

 

Motions Requiring Suspension of the Rules of Procedure

 

MOTION NO. 88/11

 

Moved by Councillor B. Monette

Seconded by Councillor M. McRae

 

That the Rules of Procedure be waived, due to Council directed timelines, to consider the following motion:

 

WHEREAS at is April 14, 2010 meeting, City Council referred Corporate Services and Economic Development Committee Report 53, Item 3, Central Canada Exhibition Association – Forgiveness of 2009 and 2010 License Fee for Lansdowne Park to the meeting of the Corporate Services and Economic Development Committee of May 4, 2010, to be considered within the context of the Report regarding the sale of a vacant parcel of City property and other support to the Central Canada Exhibition Association (CCEA); and

 

WHEREAS both City staff and the Central Canada Exhibition Association agree that additional time is needed to finalize the Report regarding the sale of a vacant parcel of City property and other support to the Central Canada Exhibition Association, and this report will not be ready in time for the May 4, 2010 Corporate Services and Economic Development Committee meeting; and

 

WHEREAS the Council direction referring Corporate Services and Economic Development Committee Report 53, Item 3, Central Canada Exhibition Association – Forgiveness of 2009 and 2010 License Fee for Lansdowne Park refers specifically to the May 4, 2010 meeting and further direction is required to provide staff with the flexibility to deal with both reports at the same time;

 

THEREFORE BE IT RESOLVED THAT Corporate Services and Economic Development Committee Report 53, Item 3, Central Canada Exhibition Association – Forgiveness of 2009 and 2010 License Fee for Lansdowne Park be referred to the meeting of the Corporate Services and Economic Development Committee that addresses the Report regarding the sale of a vacant parcel of City property and other support to the CCEA.

 

                                                                                                            CARRIED

 

Notices of Motion (For Consideration at Subsequent Meeting)

 

MOTION

 

Moved by Councillor M. McRae

Seconded by Councillor B. Monette

 

WHEREAS the property at 9020 Bank Street, south of the village of Vernon, is currently maintained by the City as a passive park; and

 

WHEREAS this parkland has not been previously assigned a designated name or signage; and

 

WHEREAS the Vernon Community Association has suggested the name "South Vernon Park"; and

 

WHEREAS the Parks, Recreation & Cultural Services Department has a budget to install signage at this park;

 

THEREFORE BE IT RESOLVED THAT the park be known henceforth as South Vernon Park and that appropriate park signage be installed.

 

 

MOTION

 

Moved by Councillor C. Doucet

Seconded by Councillor C. Leadman

 

WHEREAS relocating the existing community park amenities, which include a wading pool, maintenance building, play structure, baseball diamonds and dog run could cost in the order of two million dollars;

 

WHEREAS the wading pool of this community park users do not want any changes made to their local park nor do they want the City to incur needless new costs to the taxpayer to relocate park amenities;

 

WHEREAS the inclusion of the community park in the Request for Proposals for the Lansdowne Park Front Lawn Design Competition was done without any consultation with the local community or council and city staff have refused to meet with the community on this matter;

 

THEREFORE BE IT RESOLVED that the community park bounded by Queen Elizabeth Drive, Fifth Avenue and O’Connor be retained in its current configuration and function.

 

 

 

Notice of Intent from the City’s Meeting Investigator to submit an investigation report for consideration at the 12 May 2010 Council meeting.

 

 

By-laws                                                                                                           Three Readings

 

MOTION NO. 88/12

 

Moved by Councillor A. Cullen

Seconded by Councillor G. Hunter

 

That the following by-laws be enacted and passed.

 

 

2010 - 143              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 lands known municipally as 1105 Normandy Crescent.

 

2010 - 144              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.

 

2010 - 145              A by-law of the City of Ottawa to designate certain lands at 182 to 202 Meandering Brook Drive, 287 Stedman Street, 59, 63 to 71 and 91 Emerald Pond Private as being exempt from Part Lot Control.

 

2010 - 146              A by-law of the City of Ottawa to amend By-law No. 2008-250 of the City of Ottawa to remove the holding symbol from the properties known municipally as 2540, 2542, 2544, 2546, 2554, 2556, 2558, 2560, 2568, 2570, 2572, 2574, 2576, 2578, 2580, 2582 Half Moon Bay, 507, 509, 510, 511, 512, 513, 514, 515, 516, 517, 518, 593, 594, 596 and 598, Carina Crescent, 410, 412, 414, 415, 416, 417, 418, 419 and 420 Callisto Way, 701, 703, 705, 706, 707, 708, 709, 710, and 712 Triton Place and part of 2584 Half Moon Bay and parts of 702 and 704 Triton Place.

 

2010 - 147              A by-law of the City of Ottawa to establish dates and hours of operation for the advance vote in the 2010 municipal election.

 

2010 - 148              A by-law of the City of Ottawa to amend By-law No. 2008-250 of the City of Ottawa to remove the holding symbol from the property known municipally as 1357 Baseline Road.

 

                                                                                                            CARRIED

 

Confirmation By-law

 

MOTION NO. 88/13

 

Moved by Councillor A. Cullen

Seconded by Councillor G. Hunter

 

THAT By-law 2010-149 to confirm the proceedings of Council be enacted and passed.

 

                                                                                                            CARRIED

 

Inquiries

 

From Councillor C. Doucet with respect to a comprehensive list of reports and motions related to Lansdowne Partnership Plan.

 

From Councillor C. Doucet with respect to media access to staff resources.

 

From Councillor E. El-Chantiry with respect to the anticipated resources required and the estimated costs for the visit of Her Majesty the Queen.

 

 

 

Adjournment

 

Council adjourned the meeting at 5:00 p.m.

 

 

 

 

 

 

 

 

CITY CLERK

 

MAYOR