OTTAWA CITY COUNCIL

26 May 2010

ANDREW S. HAYDON HALL

10:00 a.m.

 

AGENDA 90

 

 

1.       Prayer

 

 

2.                 National Anthem (Councillor S. Qadri)

 

 

3.       Announcements/Ceremonial Activities

 

·                     Recognition – CNIB Shades of Fun Day

 

 

4.       Roll Call

 

 

5.       Confirmation of Minutes

 

Confirmation of Minutes of the regular and In-Camera meeting of 12 May 2010.

 

 

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

 

 

7.       Communications

 

·         Association of Municipalities of Ontario (AMO):

 

·         Bill 16, Schedule 25, Public Sector Compensation Restraint to Protect Public Services Act, 2010 - May 18, 2010

·         Ontario Government Promotes the Wise Water User - May 18, 2010

 

8.       Regrets

 

No regrets filed to date.

 

 

9.       Ottawa Community Housing Corporation

 

 

1.             OTTAWA COMMUNITY HOUSING CORPORATION ANNUAL REPORT AND ANNUAL GENERAL MEETING OF THE SHAREHOLDER

 

                RAPPORT ANNUEL ET ASSEMBLÉE GÉNÉRALE ANNUELLE DE LA SOCIÉTÉ DE LOGEMENT COMMUNAUTAIRE D’OTTAWA

 

 

REPORT RECOMMENDATIONS

 

That Council approve:

 

1.         That the 2009-2010 Ottawa Community Housing Corporation (OCHC) Annual Report be received.

 

2.         That the Audited Financial Statements of Ottawa Community Housing Corporation (OCHC) for the year 2009 be received.  (Attachment 1)

 

3.         That the Update re: the 2008-2011 Ottawa Community Housing Corporation (OCHC) Strategic Plan be received.

 

4.                  That Ernst and Young be appointed as the Auditors of Ottawa Community Housing Corporation (OCHC) for the year 2010.

 

5.                  That Council direct City staff to bring forward a report to Community and Protective Services Committee and City Council in June, 2010 regarding the provision of a Municipal Guarantee to support OCHC’s loan application to Infrastructure Ontario. (Attachment 2) 

 

6.                  That report OCHC-013/10 be received appointing Ms. Sarah Kambites to the Board of Directors as a Community member, replacing Mr. Jay Zakaib. (Attachment 3)

 

7.                  That the Mayor and the City Clerk be authorized to sign a written resolution on behalf of the City of Ottawa as Shareholder of OCHC setting out the resolutions approved by City Council.

 

 

10.     Postponements and Deferrals

 

CITY COUNCIL – MAY 12, 2010

 

    

                MUNICIPAL STREET OCCUPATION AGREEMENT - ROGERS

 

 

MOTION NO. 89/10

 

Moved by Councillor P. Hume

Seconded by Councillor J. Harder

 

WHEREAS the City of Ottawa has brought a claim for breach of contract against Rogers for the payment of unpaid access fees;

 

AND WHEREAS Rogers has brought a counter-claim against the City for the over-payment of access fees between 1998 and 2004;

 

AND WHEREAS the parties have negotiated a proposed settlement in the litigation for $1 million in the City’s favour and to enter into a new Municipal Street Occupation Agreement (“Agreement”);

 

AND WHEREAS the City’s external Legal Counsel and the City Clerk and Solicitor have recommended that Council accept the settlement of the litigation for $1 million and enter into a new Agreement in accordance with terms negotiated between the City and Rogers;

 

THEREFORE BE IT RESOLVED THAT City Council direct the City Clerk and Solicitor to accept the offer to settle for $1 million and to execute the proposed Municipal Street Occupation Agreement with Rogers and to implement the settlement accordingly.

 

 

MOTION NO. 89/11

 

Moved by Councillor G. Hunter

Seconded by Councillor D. Deans

 

That Motion No. 89/10 be tabled to the next Council meeting scheduled for 26 May 2010.

 

Motion No. 89/11 CARRIED on a division of 9 YEAS to 7 YEAS as follows:

 

YEAS (9):       Councillors M. Wilkinson, E. El-Chantiry, D. Deans, G. Bédard, B. Monette, J. Harder, S. Qadri, G. Hunter and J. Legendre.

 

NAYS (7):      Councillors S. Desroches, C. Leadman, R. Jellett, M. McRae, A. Cullen, D. Thompson and Mayor L. O’Brien.

 

 

CITY COUNCIL – MAY 12, 2010

 

MOTION NO. 89/13

 

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 would result in the City of Ottawa incurring unnecessary costs; and

 

Whereas the wading pool of this community park space is the most heavily used children’s pool in the city and is essential to the successful operation of the City summer recreation programs; and

 

WHEREAS the residents and 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; and

 

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;

 

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.

 

MOTION NO. 89/14

 

Moved by Councillor J. Harder

Seconded by Councillor C. Leadman

 

WHEREAS all decisions relating to Lansdowne Park should be made at the same time when all pertinent information is available to Council; and

 

WHEREAS Motion No. 89/13 refers to community park space at the corner of Queen Elizabeth Drive and Fifth Avenue which is within the study area for the Lansdowne Partnership Plan;

 

THEREFORE BE IT RESOLVED THAT Motion No. 89/3 be referred to the upcoming Special Council Meeting on the Lansdowne Partnership Plan, scheduled to begin on June 24, 2010, to be addressed in concert with Council deliberations on the related staff report.

 

MOTION NO. 89/15

 

Moved by Councillor G. Hunter

Seconded by Councillor D. Deans

 

THEREFORE BE IT RESOLVED THAT all motions related to Sylvia Holden Park be deferred to the next City Council meeting scheduled for 26 May 2010.

 

Motion No. 89/15 CARRIED on a division of 17 YEAS to 5 NAYS as follows:

 

YEAS (17):     Councillors M. Wilkinson, E. El-Chantiry, D. Deans, S. Desroches, C. Leadman, C. Doucet, R. Bloess, D. Holmes, R. Jellett, M. Bellemare, G. Bédard, M. McRae, A. Cullen, J. Harder, G. Hunter, J. Legendre and P. Hume.

 

NAYS (5):      Councillors R. Chiarelli, B. Monette, S. Qadri, D. Thompson and Mayor L. O'Brien.

 

 

11.     Motion to Introduce Reports

(Councillors G. Hunter and R. Jellett)

 

CITY CLERK AND SOLICITOR

 

    

1.             sTATUS UPDATE - COUNCIL INQUIRIES AND MOTIONS for the period ending 12 may 2010

 

RAPPORT DE SITUATION – DEMANDES DE RENSEIGNEMENTS ET MOTIONS DU CONSEIL POUR LA PÉRIODE SE TERMINANT LE 12 mai 2010

 

 

REPORT RECOMMENDATION

 

That Council receive this report for information.

 

 

COMMITTEE REPORTS

 

COMMUNITY AND PROTECTIVE SERVICES COMMITTEE REPORT 54

 

 

2.             OTTAWA PUBLIC HEALTH 2009 ANNUAL REPORT

SANTÉ PUBLIQUE OTTAWA RAPPORT ANNUEL DE 2009

 

 

Committee Recommendation

 

That Council receive this report for information.

 

 

PLANNING AND ENVIRONMENT COMMITTEE REPORT 69

 

 

1.          ZONING AND SITE PLAN - 187 METCALFE STREET

 

                ZONAGE ET PLAN D'IMPLANTATION - 187, RUE METCALFE

 

 

Committee meeting information

 

Delegations:    Three delegations spoke to this item, one in favour and two opposed

Debate:            Approximately one and a half hours were spent in discussion of this item.

Vote:               Both the site plan and zoning recommendations were carried, as amended, on a vote of 4 – 2.

Position of Ward Councillor:  The Ward Councillor (Councillor Holmes) was opposed to the application.

 

 

Committee recommendation as amended

 

(This matter is Subject to Bill 51)

 

That Council approve an amendment to the City of Ottawa Zoning By-law to change the zoning of 187 Metcalfe Street to amend the exception of the R5B [1600] S242 (Residential Fifth Density Subzone B – Exception 1600 – Schedule 242) zone to permit additional uses and amended provisions as detailed in Document 2, as amended to delete the “outdoor cinema” use from Document 2, subsections 1 and 3.

 

 

 

3.          COMPREHENSIVE ZONING BY-LAW 2008-250:  APPEALS TO THE ONTARIO MUNICIPAL BOARD (URBAN APPEALS – OMB MAY 2010) – 200 KENNEVALE DRIVE AND 155 PREM CIRCLE

 

RÈGLEMENT DE ZONAGE GÉNÉRAL 2008-250 : APPELS INTERJETÉS À LA COMMISSION DES AFFAIRES MUNICIPALES DE L’ONTARIO (APPELS DE LA ZONE URBAINE À LA CAMO – MAI 2010) – 200, PROMENADE KENNEVALE ET 155, CERCLE PREM

 

 

Committee recommendationS AS AMENDED

 

(This matter is Subject to Bill 51)

 

1.      That Council approve the amendments as described in the Details of Recommended Zoning in Document 1, for lands shown in Document 2, to resolve an appeal to By-law 2008-250, and forward a by-law incorporating the required amendments to the Ontario Municipal Board, as amended by making the following revision and addition to Document 1, under Column V - Provisions:

a.      Replace the words “the “h” symbol will not be removed until a site plan control approval agreement has been finalized” with the words “the “h” symbol will expire when a site plan has been approved by the Ontario Municipal Board.”

b.      Add the words “minimum number of parking spaces required: 16”

 

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

 

 

 

4.             ROADWAY MODIFICATIONS APPROVAL PROCESS FOR DEVELOPMENT APPLICATIONS

 

PROCESSUS D’APPROBATION DES MODIFICATIONS DE LA CHAUSSÉE VISANT LES DEMANDES D’AMÉNAGEMENT

 

 

Transportation COMMITTEE AND PLANNING AND ENVIRONMENT COMMITTEE RECOMMENDATIONS

 

That Council approve:

 

1.         That a new Roadway Modifications Approval process be integrated into the development review process, including public notification, for all development applications which require roadway modifications, in keeping with the One Stop Service delivery model endorsed by Council in March 2009; and

 

2.                  That the General Manager, Planning and Growth Management Department be authorized to establish an internal process and timelines such that Roadway Modification Approvals for development applications, are fully integrated into the development review process.

 

 

 

5.          OTTAWA URBAN DESIGN REVIEW PANEL

GROUPE D’EXAMEN DE DESIGN URBAIN D’OTTAWA

 

 

Committee recommendationS

 

That Council:

 

1.         Adopt the following guiding principles to govern the Ottawa Urban Design Review Panel process:

•                     Strive to develop a design culture befitting a Nation’s Capital throughout the City of Ottawa;

•                     Convey and act upon the Panel’s advice in a transparent and public manner;

•                     Ensure timely review of applications within Council-approved timelines.

 

2.         Direct staff to implement the Ottawa Urban Design Review Process for  the Design Priority Areas identified in Section 2.5.1 of Official Plan Amendment No. 76 (Document 1) and require design review by a Design Review Panel for the threshold of development as set out in Document 2 effective September 6, 2010;  

 

3.         Direct staff to bring forward an Official Plan amendment to delete redundant provisions in the primary and secondary Official Plans relating to design review and to repeal Urban Design Review Panel By-law 2005-354 when the Official Plan amendment comes into effect;

 

4.         Direct staff to amend the Site Plan Control By-law to include the requirement to obtain approval of exterior building designs in addition to those plans now required to be approved for development within Design Priority Areas as set out in Document 1 effective September 6, 2010;

 

5.         Direct that City projects in the Design Priority Areas require Design Panel review in accordance with the process set out in this report effective September 6, 2010;

 

6.         Direct that staff recruit Panel membership in accordance with the membership composition and selection process in this report and return to Planning and Environment Committee in July 2010 for Committee's approval of the Panel’s membership.

 

 

 

6.          WATER LOSS CONTROL 2009 SUMMARY REPORT

STRATÉGIE DE CONTRÔLE DES PERTES EN EAU EN 2009

 

 

Committee recommendation

 

That Council receive this report for information.

 

 

 

8.          THERMAL ENERGY (USE OF COLD ENERGY) UPDATE

ÉNERGIE THERMIQUE (UTILISATION DE L’ÉNERGIE FROIDE)

 

 

Committee recommendations AS AMENDED

 

That Council:

 

1.                  Direct staff to expand the Energy Reduction Program to include a strategy that would encourage landowners to pursue thermal energy as an option for future developments when the land is adjacent to an existing or future snow dump facility; and,

 

2.                  Direct staff to include as one of the factors considered as part of their snow dump siting process, the possibility of siting new snow disposal facilities adjacent to or in close proximity to properties that could be used for cooling in the future.

 

 

PLANNING AND ENVIRONMENT COMMITTEE REPORT 70

 

 

2.          LEASE OF LAND – ENERGY OTTAWA SOLAR PARTNERSHIP

 

BAIL FONCIER – PARTENARIAT EN ÉNERGIE SOLAIRE AVEC ÉNERGIE OTTAWA

 

 

Committee recommendationS AS AMENDED

 

That Council:

 

1.                  Approve an agreement between the City of Ottawa and Energy Ottawa for the development of a Solar Energy Park near the Trail Road Waste Facility, as part of an enhanced partnership with Energy Ottawa as the City’s preferred energy partner;

 

2.                  Declare two parcels of land near the Trail Road Waste Facility, described as:

 

a.                  a portion of 4041 Moodie Drive containing an area of approximately 51.7 acres, and legally described as being CON 4 (RF) PT LOT 5 RP;5R3526 PT OF PT 1 LESS;4R10987 PART; and

 

b.                  a portion of 4022 Trail Road, commonly known as the former Nepean Landfill containing 69.1 acres, and legally described as part of Lot 9, Concession 4, Rideau Front, formerly in the Township of Nepean being surplus to the City’s needs; and

 

3.                  Authorize the City Manager to negotiate and finalize the lease agreement for a period of twenty (20) years for the lands referred to in Recommendation 2 to Energy Ottawa Limited based on the terms and conditions described in this report.

 

4.                  That the Environmental Advisory Committee recommendations be provided to staff for discussion in the negotiations with Energy Ottawa

 

 

TRANSIT COMMITTEE REPORT 38-B (IN-CAMERA)

 

          

1.             GENERAL ACCOUNTS – WRITE-OFFS 2009 – IN CAMERA – SETTLEMENT TO RESOLVE LITIGATION MATTER INCLUDING MATTERS before administrative tribunal AFFECTING THE cITY, – reporting out date:  30 days after final settlement is reached

 

COMPTES GÉNÉRAUX – RADIATIONS POUR 2009 - À HUIS CLOS – RÈGLEMENT EN VUE DE RÉSOUDRE DES QUESTIONS DE CONTENTIEUX Y COMPRIS DES QUESTIONS PORTÉES DEVANT UN TRIBUNAL ADMINISTRATIF ET TOUCHANT LA VILLE – DATE DE COMPTE RENDU : 30 JOURS APRÈS Le règlement final

 

 

To be dealt with In Camera.

 

 

TRANSIT COMMITTEE REPORT 39

 

             

1.             TRANSPLAN 2010 RECOMMENDED SERVICE CHANGES

 

CHANGEMENTS Du SERVICE RECOMMANDÉS dans LE TRANSPLAN 2010

 

 

Committee RecommendationS AS AMENDED

 

That Council receive for information the following changes to the OC Transpo network, for implementation in the fall of 2010, in order to improve service for transit customers:

 

1.         Revise Route 122 to introduce all-day service along North Service Road and a portion of Jeanne d’Arc Boulevard east of Champlain Drive and into Taylor Creek Industrial Park, replacing part of the current Route 130 and all of Route 193;

 

2.         Revise Routes 177 and 171 to introduce new all-day service on Route 177 to accommodate residential growth in Barrhaven South; and

 

3.         Revise Route 184 to operate west of Eagleson Road to provide peak-period service to new residential areas of Kanata South.

 

 

             

2.             LIFE-TIME TRANSIT PASS FOR VETERANS

 

LAISSEZ-PASSER DE TRANSPORT EN COMMUN À VIE POUR LES ANCIENS COMBATTANTS

 

 

Committee RecommendationS AS AMENDED

 

That Council direct staff to prepare a budget submission for the 2011 City of Ottawa Budget for approval that would provide for free life-time transit passes for World War II and Korean War veterans aged 65 and older; and

 

That the above-noted recommendation be amended to include:

 

(a)        Service in other war zones in addition to those already mentioned - WW II and the Korean conflict; and

 

(b)       Para Transpo services.

 

 

TRANSPORTATION COMMITTEE REPORT 39

 

    

1.             MINISTRY OF TRANSPORTATION PRESENTATION ON HIGHWAY 417 - BRIDGE REPLACEMENT AT cyrville road

 

PRÉSENTATION DU MINISTÈRE DES TRANSPORTS CONCERNANT L’AUTOROUTE 417 - remplacement du pont au chemin Cyrville

 

 

Committee meeting information

 

Delegations:    One Delegation

Debate:            Committee spent about two hours debating this issue.

Vote:               CARRIED, as amended

Position of Ward Councillor:  Councillor Bellemare is in support but concerns raised during discussion, which lead to amending motion.

 

 

COMMITTEE RECOMMENDATION AS AMENDED

 

That Council approve that the City urges the Province to maintain all-day lane capacity in both directions on the Queensway during the reconstruction of the Cyrville Road Bridge.

 

 

    

2.             NARROW SIDEWALK - METCALFE STREET

 

TROTTOIR ÉTROIT - RUE METCALFE

 

 

Committee Recommendations

 

That Council request City staff to:

 

1.         Consider removing all street signs from the narrow portion of the East side of Metcalfe Street;

 

2.         Consider widening this sidewalk and possibly adding a bike lane, by either narrowing the four vehicular lanes or by removing the underused Eastern Northbound lane of vehicular traffic; and

 

3.         Report back to the PTAC at a minimum every three months on progress, until the issue is resolved.

 

 

    

5.             SNOW GO ASSIST PILOT PROGRAM

 

PROGRAMME PILOTE D’AIDE SNOW-GO

 

 

COMMITTEE RECOMMENDATION

 

That Council approve that the Snow Go Assist Pilot Program be permanently integrated into the Snow Go Program.

 

 

    

6.             BURYING HYDRO LINES ON KANATA AVENUE

 

ENFOUISSEMENT DES LIGNES DE TRANSPORT DE L’ÉLECTRICITÉ LE LONG DE L’AVENUE KANATA

 

 

Committee Recommendation

 

That Council approve burying the hydro lines along Kanata Avenue where overhead lines were planned, roughly from the Goulbourn Forced Road to the Richardson Side Road, at an incremental cost of $2.5 million to be funded from debt and repaid through a special service levy against all properties in the Kanata North Ward.

 

 

12.     Bulk Consent Agenda

 

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

 

 

13.      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.

 

 

14.     Motion to Adopt Reports

(Councillors G. Hunter and R. Jellett)

 

 

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

 

 

16.     Motion to Introduce By-laws                                                     Three Readings

(Councillors G. Hunter and R. Jellett)

 

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

 

b.                  A by-law of the City of Ottawa to close part of Bren Maur Road.

 

c.                   A by-law of the City of Ottawa to impose special annual drainage rates upon land in respect of which money is borrowed under the Tile Drainage Act.

 

d.                  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.

 

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 provisions of lands known municipally as 187 Metcalfe Street.

 

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 of lands known municipally as 80 Florence Street.

 

g.                  A by-law of the City of Ottawa to amend By-law No. 2002-189 respecting the regulating, licensing and governing of rural refreshment vehicles, rural mobile canteens and rural refreshment stands in the City of Ottawa to correct a typographical error.

 

h.                  A by-law of the City of Ottawa to designate certain lands at Fletcher Circle and Torbec Avenue as being exempt from Part Lot Control.

 

i.                    A by-law of the City of Ottawa to designate certain lands at Badgeley Avenue and Remnor Avenue as being exempt from Part Lot Control.

 

j.                    A by-law of the City of Ottawa to designate certain lands at Talltree Crescent as being exempt from Part Lot Control.

 

k.                  A by-law of the City of Ottawa to close the untravelled portion of Leo Lane.

 

l.                    A by-law of the City of Ottawa to amend By-law No. 2008-250 of the City of Ottawa to change the zoning of lands known municipally as 5211 Barnsdale Road.

 

m.                A by-law of the City of Ottawa to amend the Official Plan for the City of Ottawa, as amended by Official Plan Amendment No. 76, to exempt the lands known municipally as 1175 Manotick Station Road from certain policies.

 

17.     Confirmation By-law (Councillors G. Hunter and R. Jellett)

 

 

18.     Inquiries

 

 

19.     Adjournment  (Councillors G. Hunter and R. Jellett)

 

 

 

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.