OTTAWA CITY COUNCIL

8 OCTober 2008

ANDREW S. HAYDON HALL

10:00 a.m.

MINUTES 44

 

 

The Council of the City of Ottawa met at Andrew S. Haydon Hall, 110 Laurier Avenue West, Ottawa, on 8 October 2008 at 10:00 a.m.

 

 

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

 

 

The National Anthem was performed by Royal Ritchie Drummers.

 

MOMENT OF SILENCE –  Joe Quinn

 

Council observed a Moment of Silence in memory of former City of Ottawa Alderman Joe Quinn, who passed away on Sunday, October 5, 2008.

 

 

Announcements/Ceremonial Activities

 

RECOGNITION - WASTE REDUCTION WEEK

 

Mayor O’Brien declared the week of October 19th to October 25th, 2008 as Waste Reduction Week in the City of Ottawa and presented a framed proclamation to Mr. Chris Wood, Member of the Board of Directors, Association of Municipal Recycling Coordinators.

 

 

Roll Call

 

ALL MEMBERS WERE PRESENT.

 

 

Confirmation of Minutes

 

The Minutes of the regular meeting of 8 October 2008 were confirmed.

 

Declarations of pecuniary interest including those originally arising from prior meetings

 

No Declarations were filed.

 

 

Communications

 

The following communications were received:

 

·                     Association of Municipalities of Ontario (AMO) Alerts :

·                     Seeking Fairness for Ontario and Investment in Communities

·                     National Do Not Call List - Implications for Municipal Candidates in Ontario

 

 

·                    Responses to Inquiries

·                    Inquiry CC-05-07 - Procedural Ruling re Reconsideration of Light Rail on 23 Feb 07

·                    Inquiry CC-04-08 - OC Transpo Cancelled Trips

·                    Inquiry CC–09-08 - City of Ottawa Participation in School Board Accommodation Review Processes

·                     Inquiry CC-31-08 – Lansdowne Military Trade Show

 

Regrets

 

No Regrets were filed.

 

 

Motion to Introduce Reports

 

MOTION NO. 44/1

 

Moved by Councillor R. Chiarelli

Seconded by Councillor M. Wilkinson

 

That Agriculture and Rural Affairs Committee Report 29, Community and Protective Services Committee Reports 31 and 31A (In Camera), Corporate Services and Economic Development Committee Report 30A, Planning and Environment Committee Report 37A, be received and considered.

 

And that the Rules of Procedure be suspended to receive and consider the  report from the Deputy City Manager, Planning, Transit and the Environment entitled “Zoning – 1149 Yorks Corners Road – Supplementary Report to Item 3 of Agriculture and Rural Affairs Committee Report 29.”

 

                                                                                                            CARRIED

 

AGRICULTURE AND RURAL AFFAIRS COMMITTEE REPORT 29

 

 

1.             GOULBOURN WETLANDS

 

 

COMMITTEE RECOMMENDATIONS AS AMENDED

 

That Council direct staff:

 

1.         To prepare a special policy for the Official Plan for the impacted Flewellyn Road area lands that implements Council’s direction in 2006 to not designate these lands, while also addressing the Provincial policy; and,

 

2.         To develop this special policy in consultation with the Province, the Wetland Stakeholder group, and other interested parties for Committee’s consideration at the ARAC meeting of November 27, 2008.

 

                                                                                                            CARRIED

 

 

2.             SOURCE WATER PROTECTION

 

 

WITHDRAWNCOMMITTEE RECOMMENDATIONS AS AMENDED

 

That Council support the South Nation resolution, as follows:

 

1.         If a land owner, as a result of a SWPC plan is prevented from growing the crops of his or her choosing on his land using the guidance of a Nutrient Management Plan developed under the Nutrient Management Act, resulting in a loss of net income, there should be Provincial Financial Assistance for any documented loss of net income; and

 

2.         If a land owner is prevented from using any weed control program that is found in OMAFRA’s Guide to Chemical Weed Control that could be used on that crop grown anywhere else in Ontario, there should be Provincial Financial Assistance for any documented loss of net income resulting from lack of weed control.

 

 


 

3.             ZONING - 1149 YORKS CORNERS ROAD

 

 

COMMITTEE RECOMMENDATIONS AS AMENDED

 

(This application is not subject to Bill 51)

 

That Council

 

1.      Accept an amendment to the former Township of Osgoode Zoning By-law, to change the zoning of Part of 1149 Yorks Corners Road from Rural (RU) to Residential (R), as shown in Document 1.

 

2.      Accept an amendment to the New Comprehensive Zoning By-law to change the zoning of Part of 1149 Yorks Corners Road from Agriculture Zone 3 (AG3) to Rural Residential 8 (RR8), as shown in Document 1.

 

MOTION NO. 44/2

 

Moved by Councillor G. Brooks

Seconded by Councillor E. El-Chantiry

 

That Item 3 of ARAC Report 29 and the report of the Deputy City Manager, Planning, Transit and the Environment entitled “Zoning – 1149 Yorks Corners Road – Supplementary Report to Item 3 of ARAC Report 29” be deferred until a proper well is drilled and the water tested as to Provincial and City standards. 

 

LOST on a division of 8 YEAS to 15 NAYS as follows:

 

YEAS (8):        Councillors E. El-Chantiry, D. Thompson, G. Brooks, B. Monette, M. McRae, S. Desroches, J. Harder and Mayor O’Brien.

 

NAYS (15):     Councillors A. Cullen, D. Holmes, P. Feltmate, R. Chiarelli, C. Leadman, G. Hunter, G. Bédard, C. Doucet, R. Bloess, M. Wilkinson, J. Legendre, M. Bellemare, S. Qadri, D. Deans and R. Jellett.

 

Agriculture and Rural Affairs Committee Report 29, Item 3 was then put to Council and LOST on a division of 8 YEAS to 15 NAYS as follows:

 

YEAS (8):        Councillors E. El-Chantiry, D. Thompson, R. Chiarelli, B. Monette, M. McRae, J. Harder, S. Qadri and Mayor O’Brien.

 

NAYS (15):     Councillors A. Cullen, D. Holmes, P. Feltmate, G. Brooks, C. Leadman, G. Hunter, G. Bédard, S. Desroches, C. Doucet, R. Bloess, M. Wilkinson, J. Legendre, M. Bellemare, D. Deans and R. Jellett.

 

The Recommendations contained in the report of the Deputy City Manager, Planning, Transit and the Environment, as set out below, were then put to Council and CARRIED.

 

DEPUTY CITY MANAGER, PLANNING, TRANSIT AND THE ENVIRONMENT SUPPLEMETNARY REPORT RECOMMENDATIONS

 

That Council:

1.         Refuse an amendment to the former Township of Osgoode Zoning By-law, to change the zoning of Part of 1149 Yorks Corners Road from Rural (RU) to Residential (R), as shown in Document 1.

 

2.         Refuse an amendment to the New Comprehensive Zoning By-law to change the zoning of Part of 1149 Yorks Corners Road from Agriculture Zone 3 (AG3) to Rural Residential 4 (RR4), as shown in Document 1.

 

                                                                                                            CARRIED

 


 

4.             COMMENTS ON THE DRAFT TECHNICAL RULES - ASSESSMENT REPORT UNDER

THE CLEAN WATER ACT, 2006 AND RELATED TOPICS

 

 

AGRICULTURE AND RURAL AFFAIRS COMMITTEE AND PLANNING AND ENVIRONMENT COMMITTEE RECOMMENDATION

 

That Council receive this information report on the draft Technical Rules for the Assessment Report.

 

                                                                                                            RECEIVED

 

Direction to Staff

 

That staff be directed to provide Councillor Cullen with the information that has been provided to the Inter-Provincial Bridge Crossing Environmental Assessment Study consultants, with respect to the application of the Clean Water Act and in particular, regarding the intake protection zone for Britannia.

 


 


 

5.             ZONING - 9158 MCKEOWN FARM ROAD

 

 

COMMITTEE RECOMMENDATIONS

 

(This application is subject to Bill 51)

 

That Council approve:

 

1.         An amendment to Zoning By-law 2008-250 to change the zoning of part of 9158 McKeown Farm Road from Rural Countryside Zone “RU” to Rural Countryside Zone – Exception xxr “RU[xxr]” as shown in Document 1 and as detailed in Document 2, subject to the owner entering into the Standard Garden Suite Agreement with the City as specified by Section 39.1 of the Planning Act , setting out that:

 

i.        The Garden Suite is to be occupied exclusively by the owner's parent;

ii.      The Garden Suite is to be removed at such time as it is no longer required by the occupant, at any time prior to expiry of the 10-year period; and

iii.    The Garden Suite is to be removed at the end of the 10-year period, unless an extension has been requested and approved by City Council, prior to the expiry of the Temporary Use Bylaw.

 

2.         An amendment to the former Township of Osgoode Zoning By-law to change the zoning of part of 9158 McKeown Farm Road from Rural Zone "RU" to Rural Zone - Exception xx "RU[xx]” as shown in Document 1 and as detailed in Document 2, subject to the owner entering into the Standard Garden Suite Agreement with the Ottawa as specified by Section 39.1 of the Planning Act , setting out that:

 

i.        The Garden Suite is to be occupied exclusively by the owner's parent;

ii.      The Garden Suite is to be removed at such time as it is no longer required by the occupant, at any time prior to expiry of the 10-year period; and

iii.    The Garden Suite is to be removed at the end of the 10-year period, unless an extension has been requested and approved by City Council, prior to the expiry of the Temporary Use Bylaw.

 

                                                                                                            CARRIED

 


 


 

6.             COMPREHENSIVE ZONING BY-LAW 2008-250: APPEALS TO THE ONTARIO MUNICIPAL BOARD

 

 

PLANNING AND ENVIRONMENT COMMITTEE RECOMMENDATION

 

            1.         That Council approve the amendments recommended in Column 4 of Document 1, to resolve certain appeals to By-law 2008-250, and to forward them to the Ontario Municipal Board; and

                                                                                                            CARRIED

 

                AGRICULTURE AND RURAL AFFAIRS COMMITTEE RECOMMENDATION

 

            2.         That Council approve the amendments recommended in Column 4 of Document 2, to resolve certain appeals to By-law 2008-250, and to forward them to the Ontario Municipal  Board.

 

                                                                                                            CARRIED

 


 

7.         COMPREHENSIVE ZONING BY-LAW 2008-250: ANOMALIES AND MINOR CORRECTION - SECOND REPORT

 

 

PLANNING AND ENVIRONMENT COMMITTEE RECOMMENDATIONS AS AMENDED

 

That Council approve the amendments recommended in Column 4 of Document 1, to correct anomalies in Zoning By-law 2008-250 as amended by the following:

 

a.         To add an endnote for the R1E, R1F, R1FF and R2M Subzones (subzones for former Nepean), which states that on a corner lot, where the determination of the location of the front lot line has been made under a previous zoning by-law, the definition of font lot line does not apply;

 

b.         To amend the zoning map to remove Exception [950] from the lands zoned R2A[950], and located immediately east of the urban/rural boundary near Stittsville Main Street along both north and south sides of Hartsmere Drive, and extending to Monterossa Street, and thereafter along the south side of Hartsmere Drive past the intersection with Allgrove Way to the boundary with the R1T[721] zone; and

 

c.         To remove in Part 15, Section 239, Exception [950] the reference to R2A[950] in Column II.

                                                                                                            CARRIED

 

AGRICULTURE AND RURAL AFFAIRS COMMITTEE RECOMMENDATION AS AMENDED

 

That Council approve the amendments recommended in Column 4 of Document 2, to correct anomalies in Zoning By-law 2008-250, as amended as follows:

 

1.         To amend the zoning boundary between the V1N 565r Zone and the new V1N exception zone as shown on Document 3, to reflect the agreed upon boundary line confirmed by the City of Ottawa and Mississippi Valley Conservation.

 

                                                                                                            CARRIED

 

 


 

8.             4497 O' KEEFE COURT – CONNECTION TO EXISTING WATER CONNECTIONS

 

 

COMMITTEE RECOMMENDATION

 

That Council approve a connection to City water for Fire Security purposes at 4497 O’Keefe Court.

 

                                                                                                            CARRIED

 

COMMUNITY AND PROTECTIVE SERVICES COMMITTEE REPORT 31

 

 

1.             MINOR VARIANCE TO BY-LAW NUMBER 2005-439 – 1290 RICHMOND ROAD

 

 

Committee RecommendationS

 

That Council approve:

 

1.                  A minor variance to By-law Number 2005-439 to:

a)         vary Sections 124 (2) to permit a mural sign in a District 1 zone at 1290 Richmond Road, and

b)         enable the undertaking of this project this fall subject to compliance with all other provisions of the by-law including that the mural shall not be used for any form of commercial advertising;

 

2.                  The waiver of the public notification requirements under of By-law 2002-522 as required. 

 

                                                                                                            CARRIED

 

 

2.             25-IN-5 NETWORK FOR POVERTY REDUCTION DECLARATION

 

 

Committee Recommendation

 

That Council endorse the 25-in-5 Declaration (attached at Document 1).

 

                                                                                                            CARRIED

 

COMMUNITY AND PROTECTIVE SERVICES COMMITTEE REPORT 31A (IN CAMERA)

 

Council resolved In Camera later in the meeting to discuss this item.  For ease of reference, the disposition of the matter in Open Session is set out below.

 

 

1.             APPOINTMENTS TO THE SENIORS ADVISORY COMMITTEE – IN CAMERA - PERSONAL MATTERS ABOUT IDENTIFIABLE INDIVIDUALS

 

 

                                                                                                            RECEIVED

 

Direction to Staff

 

That as part of the Governance Review, staff be directed to look at the implementation of minimum qualification standards for the selection of members for Advisory Committees.

 

 

CORPORATE SERVICES AND ECONOMIC DEVELOPMENT COMMITTEE REPORT 30A

 

 

1.                   QUARTERLY PERFORMANCE REPORT TO COUNCIL - q2 - APRIL to JUNE 2008

 

 

recommendation of the Corporate Services and Economic Development Committee, the Planning and Environment Committee and the community and Protective Services Committee

 

That Council receive the attached report for information.

 

                                                                                                RECEIVED


 

joint transporation committee and transit committee recommendation as amended

 

That Council approve that the Quarterly Performance Report include some statistical evaluation of bicycle use on the City’s principle commuter routes, e.g., Gladstone, Elgin, Bank, Prince of Wales, and the driveways.

 

                                                                                                            CARRIED

 

PLANNING AND ENVIRONMENT COMMITTEE REPORT 37A

 

 

1.         ADOPTION OF THE STANDARDS AND GUIDELINES FOR THE CONSERVATION OF HISTORIC PLACES IN CANADA

 

 

Committee recommendations

 

That Council adopt:

 

1.         Adopt the Standards and Guidelines for the Conservation of Historic Places in Canada as amended from time to time as a policy document to assist with the planning, stewardship and conservation of designated heritage resources within the City of Ottawa.

2.         Approve that reference to the Standards and Guidelines for the Conservation of Historic Places in Canada be incorporated in the City of Ottawa Official Plan, and other policy documents as appropriate as part of the Official Plan Review.

 

                                                                                                            CARRIED

 

 

 

2.             DESIGNATION OF THE MAYFAIR THEATRE, 1074 BANK STREET UNDER PART IV OF THE ONTARIO HERITAGE ACT

 

 

COMMITTEE RECOMMENDATIONS AS AMENDED

 

That Council:

 

1.          Approve the designation of the Mayfair Theatre, 1074 Bank Street under Part IV of the Ontario Heritage Act in accordance with the Statement of Cultural Heritage Value, attached as Document 4 as amended by LACAC.

 

2.         Approve the inclusion of the Mayfair Theatre, 1074 Bank Street, on the City of Ottawa heritage register.

 

CARRIED on a division of 16 YEAS to 6 NAYS as follows:

 

YEAS (16):      Councillors A. Cullen, D. Holmes, P. Feltmate, G. Brooks, C. Leadman, B. Monette, M. McRae, G. Bédard, S. Desroches, C. Doucet, M. Wilkinson, J. Legendre, M. Bellemare, S. Qadri, D. Deans and R. Jellett.

 

NAYS (6):       Councillors. E. El-Chantiry, D. Thompson, R. Chiarelli, G. Hunter, R. Bloess and Mayor O’Brien.

 

 

 

3.             APPLICATION TO ALTER 68 PARK ROAD, A ROCKCLIFFE PARK HERITAGE CONSERVATION DISTRICT PROPERTY DESIGNATED UNDER PART V OF THE ONTARIO HERITAGE ACT

 

 

COMMITTEE RECOMMENDATIONS

 

That Council:

 

1.          Approve the application to alter 68 Park Road, a property designated under Part V of the Ontario Heritage Act, in accordance with drawings by Dennis Kane, Arc Associates Inc, received on August 15, 2008.

 

2.         Delegate approval of any subsequent design changes of a minor nature to the Director of the Planning Branch.

 

                                                                                                            CARRIED

 

 

 

4.             ZONING - 2900 JOCKVALE ROAD

 

 

COMMITTEE RECOMMENDATIONS AS AMENDED

 

(This application is subject to Bill 51)

 

That Council:

 

1.         Approve an amendment to the Zoning By-law 2008-250 to change the zoning of 2900 Jockvale Road from R2M Residential Second Density Zone to R2M [1562] Residential Second Density Zone, Exception [1562], as detailed in Document 2, subject to the conditions listed below;

 

2.         Approve an amendment to the former City of Nepean Zoning By-law to change the zoning of 2900 Jockvale Road from R4 Residential Fourth Density Zone to R4 Block XXX, Residential Fourth Density Zone Block XXX as detailed in Document 2, subject to the following:

 

a.         The applicant modifies the driveway to accommodate extra parking and the creation of a one-way loop to facilitate the drop off and pick up of children safely, as recommended in the traffic report; and

 

b.         Prior to the enactment of the by-law, securities be provided to the City and a letter of agreement be signed to ensure the work is performed.

 

                                                                                                            CARRIED

 

 

 

5.             ZONING - PART OF 3538 JOCKVALE ROAD

 

 

COMMITTEE RECOMMENDATIONS

 

(This application is subject to Bill 51)

 

That Council:

 

1.         Approve an amendment to the City of Ottawa Zoning By-law 2008-250 to change the zoning of Part of 3538 Jockvale Road from DR - Development Reserve Zone to O1 - Parks and Open Space Zone, R1Z [664] - Residential First Density Sub Zone Z Exception 664, R3Z [XX] - Residential Third Density Sub Zone Z Exception XX, R3Z [XY] - Residential Third Density Sub Zone Z Exception XY, and R4Z [XZ] – Residential Fourth Density Sub Zone Z Exception XZ, as detailed in Document 2 and as shown in Document 1.

 

2.         Approve an amendment to the former City of Nepean Urban Area Zoning By-law to change the zoning of Part of 3538 Jockvale Road from FG - Future Growth Zone to PRP - Parks & Recreation Zone (Public), RMU Blk 4 - Residential Mixed Unit Zone Block 4, R5B Blk XX - Residential Fifth "B" Density Zone Block XX, R5B Blk XY - Residential Fifth "B" Density Zone Block XY, and R6A Blk XZ - Residential Sixth "A" Density Zone Block XZ, as detailed in Document 2 and as shown in Document 1.

 

 

MOTION NO. 44/3

 

Moved by Councillor J. Harder

Seconded by Councillor E. El-Chantiry

 

WHEREAS Report ACS2008-PTE-PLA-0158 in the above-note matter was carried by Planning and Environment Committee on September 23, 2008;

 

AND WHEREAS Item 4 of Document 2 of the said Report ACS2008-PTE-PLA-0158 contains a zoning provision that is incorrect and must be amended to reflect the appropriate requirement;

 

THEREFORE BE IT RESOLVED THAT Council approve the following change:

 

Delete the words “Maximum distance between the permitted projection and a lot line is 1.0 m.” from Item 4 of Document 2 and replace them with the following:

 

            “Minimum distance between a permitted projection and a lot line is 1.0 m.”

 

That pursuant to the Planning Act, subsection 34(17) no further notice be given.

 

                                                                                                            CARRIED

 

Item 5 of Planning and Environment Committee Report 37A was then put to Council and CARRIED as amended by Motion No. 44/3, with Councillor S. Desroches dissenting on Document 1, Area E.

 

 

 

6.             DEMOLITION CONTROL - 1809 RIVERSIDE DRIVE

 

 

Committee recommendations as amended

 

That Council approve the demolition of a single detached house that has taken place at 1809 Riverside Drive subject to the following:

 

a.         That Minto representatives work with staff to provide some fencing and recreation amenities, worth not less than $5000, for residents of the area; and

 

b.         That the City assume liability insurance for use of this amenity space by the public.

                                                                                                            CARRIED

 

 

Motions of Which Notice has Been Given Previously

 

MOTION NO. 44/4

 

Moved by Councillor J. Harder

Seconded by Councillor M. McRae

 

WHEREAS a strategic plan clearly defines the purpose of the organization and establishes realistic goals and objectives consistent with the organization’s mission, in a defined time frame and within the organization’s capacity for implementation; and

 

WHEREAS a strategic plan communicates those goals and objectives to the organization’s constituents; and


WHEREAS a strategic plan ensures the most effective use is made of the organization’s resources by focusing the resources on the key priorities; and

 

WHEREAS a strategic plan provides a base from which progress can be measured and establishes a mechanism for informed change when needed; and

 

WHEREAS a strategic plan provides clearer focus of organization, producing more efficiency and effectiveness; and

 

WHEREAS a strategic plan allows for focus on the important things, so that resources (time, talent, money) are properly allocated to those activities that provide the most benefit; and

 

WHEREAS a strategic plan provides an opportunity to analyze the internal culture and evaluate its impact on the organization's performance; and

 

WHEREAS a strategic plan provides an opportunity to set more realistic objectives that are demanding, yet attainable; and

 

WHEREAS a strategic plan allows for growth to be accelerated and improved, and for poor performing areas to be identified and eliminated; and

 

WHEREAS a strategic plan provides a road map to show where the organization is going and how to get there; and

 

WHEREAS a strategic plan allows for better internal coordination of activities and helps develop a frame of reference for budgets and short-range operating plans;

 

THEREFORE BE IT RESOLVED THAT Ottawa City Council develop a 5-year strategic plan (2010 to 2015), for implementation beginning in January 2010.

 

 

MOTION NO. 44/5

 

Moved by Councillor J. Harder

Seconded by Councillor M. McRae

 

That Motion No. 44/4 be tabled to allow Councillors Harder and McRae and other interested Councillors to meet with staff to discuss the issue of defined priorities.

 

                                                                                                            TABLING CARRIED

 
MOTION NO. 44/6

 

Moved by Councillor J. Harder

Seconded by Councillor S. Qadri

 

WHEREAS City Council’s legislative agenda for the last quarter of 2008 is extremely busy with the Budget Challenge Working Groups, the 2009 Budget process and consultations, the Transportation Master Plan process and consultations and the tabling of the next phase of the Official Plan; and

 

WHEREAS the staff’s work on the Mid-term Governance Review has been delayed due to workload issues; and

 

WHEREAS the Mid-term Governance Review is also an important item that Council and the public will require time to discuss and review;

 

THEREFORE BE IT RESOLVED that the Mid-term Governance Review be delayed until the new year, so that the White Papers are released to Council and the public by the end of November 2008 for consideration by Council in January 2009; and

 

BE IT FURTHER RESOLVED that the terms of the current Standing Committee Chairs and Vice-Chairs be extended until the completion of the Mid-term Governance Review process. 

 

                                                                                                            CARRIED

 


MOTION NO. 44/7

 

Moved by Councillor E. El-Chantiry

Seconded by Councillor M. McRae

 

WHEREAS this year marks the 125th birthday of noted Lebanese author Gibran Khalil Gibran the third-bestselling poet in history including his most famous work The Prophet.

 

WHEREAS Ottawa’s Lebanese Community has recommended that Ottawa join other great cities that have recognized Khalil Gibran’s contribution to society through naming streets or other landmarks in his honour.

 

THEREFORE BE IT RESOLVED that staff be directed to identify an appropriate street to be named similar to the Preston Street concept for Gibran Khalil Gibran and that the recommendation be forwarded to the Commemorative Naming Committee.

 

                                                                                                            CARRIED

 

Direction to Staff

 

That the City Clerk be directed to inform Ottawa’s Lebanese Community of Council’s approval of this motion and advise them that the City is moving forward with this initiative.

 

 

MOTION NO. 44/8

 

Moved by Councillor C. Leadman

Seconded by Councillor M. McRae

 

THEREFORE BE IT RESOLVED THAT City Staff report post budget to each Councillor on capital projects in their ward (work plans, works in progress, current projects and new projects) and wherever possible, that developer construction be included.

 

                                                                                                            CARRIED

 

 

MOTION NO. 44/9

 

Moved by Councillor C. Leadman

Seconded by Councillor M. McRae

 

WHEREAS the City of Ottawa is currently in a mid-term governance review that seeks to improve transparency, accountability and governance;

 

AND WHEREAS significant improvements are proposed to allow Committee and Council to adopt a formal structure whereby department and branch work plans are based off of their priorities;

 

AND WHEREAS work plans for Branches and Departments will include significant work above and beyond priorities established such as on-going tasks, strategic initiatives not assigned by Council, mandated responsibilities and more;

 

AND WHEREAS updates on key capital studies and Environmental Assessments should be provided to keep Council and the Public appraised of progress on these important files;

 

THEREFORE BE IT RESOLVED THAT the Mid-Term Governance Review include an option for the establishment of a reporting structure with quarterly and yearly status updates on Department and Branch work plans, capital studies and environmental assessments.

 

                                                                                                            CARRIED

 

 

Motions  (Requiring Suspension of the Rules)

 

MOTION NO. 44/10

 

Moved by Councillor M. Wilkinson

Seconded by Councillor D. Holmes

 

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

 

CARRIED with Councillor G. Hunter dissenting.

Whereas the City of Ottawa passed a resolution, on February 27 2008, that called upon the Province of Ontario to enact a moratorium on uranium mineral exploration and to petition the Province of Ontario "to undertake an immediate comprehensive public review of the Mining Act";

And whereas the Province of Ontario has recently initiated a very short public consultation process that aims to secure public input prior to Modernizing Ontario's Mining Act;

 

And whereas it is essential that the modernization of that Act will result in the rights and interests and the health of all citizens being protected, and in municipalities being able to regulate mining activities within their jurisdictions;

 

And whereas the consultation process of the Province directs the public to comment on five themes that do not lend themselves to the strengthening of the land use planning powers of municipalities so that they can execute their essential planning mandate in respect of controlling mineral exploration and development activities within their municipal boundaries so as to bring such activities into balance with other land uses and to protect the environment and the rights and interests, the health and the investments of their citizens;

 

And whereas a coalition of knowledgeable persons, municipal officials, conservation authorities, community groups and environmental organizations have come together behind  "Three Modest Proposals" that experts have concluded would resolve the fundamental imbalances that exist between mining activities and other land uses and other essential policies and priorities;

  

THEREFORE BE IT RESOLVED THAT Ottawa City Council:

 

1.         Endorse the following Three Modest Proposals that were developed by the Coalition for BALANCED Mining Act Reform and petition the Provincial Government of Ontario:

 i)         to re-unite all provincially-owned mining rights with land that is privately owned and municipally taxed;

ii)         to give municipal governments: the ability to develop and to enforce official plans including mineral land use designation; and thus the subsequent authority to zone lands so as to restrict the locations in which mining activities can be undertaken, in accordance with municipal needs; and

iii)        to require a comprehensive public review of the impacts of proposed mineral exploration and mining activities before such activities can be undertaken by anyone; and 

 

2.         Appoint a representative(s) of Council to accompany members of the Coalition for Balanced Mining Act Reform to the October 10th meeting with the Ministry of Northern Development and Mines (MNDM).

 

MOTION NO. 44/11

 

Moved by Councillor R. Bloess

Seconded by Councillor D. Holmes

 

That Councillor M. Wilkinson be appointed as Council’s representative to accompany members of the Coalition for Balanced Mining Act Reform to the October 10th meeting with the Ministry of Northern Development and Mines (MNDM).

 

                                                                                                            CARRIED

 

Motion No. 44/10 was then put to Council and CARRIED as amended by Motion No. 44/11, with Councillor G. Hunter dissenting.

 

 
MOTION NO. 44/12

 

Moved by Councillor R. Chiarelli

Seconded by Councillor M. Wilkinson

 

BE IT RESOLVED THAT the Rules of Procedure be waived with respect to the following matters:

i)          to permit the receipt of a briefing from the City Manager with respect to the corporate organization of the City of Ottawa and the consideration of any motions and by-laws resulting therefrom;

ii)         to permit the receipt of a briefing from the City Clerk with respect to Advisory Committee memberships; and

iii)        to permit the receipt of a briefing from the City Solicitor with respect to:

            a)         the Ottawa Rapidz and the Ottawa Lynx;

            b)         the Ministry of the Environment charges resulting from the Keefer Regulator overflow in August, 2006.

 

AND BE IT FURTHER RESOLVED THAT Council resolve In Camera pursuant to the Procedure By-law, Subsections 13. (1)(b) personal matters about an identifiable individual, including staff; (d) labour relations or employee negotiations; (e) litigation or potential litigation, affecting the City, including matters before administrative tribunals; and (f) the receiving of advice that is subject to solicitor-client privilege, including communications necessary for that purpose, of Procedure By-law 2006-462 with respect to items (i), (ii) and (iii) above.

 

                                                                                                            CARRIED


 

IN CAMERA SESSION

 

IN COUNCIL

 

 

1.             OTTAWA RAPIDZ AND THE OTTAWA LYNX

 

 

MOTION NO. 44/13

 

Moved by Councillor J. Legendre

Seconded by Councillor R. Chiarelli

 

WHEREAS the Rapidz Baseball Club have filed a Notice of Intention to make a Proposal pursuant to the Bankruptcy & Insolvency Act, and the City of Ottawa is listed as a creditor in respect of certain debts of the Rapidz.

 

AND WHEREAS, the City has entered into a Partial Assignment Agreement with Ottawa Pro Baseball Inc., for the purpose of playing baseball games at Ottawa Stadium for the 2008-2009 seasons of the CAN-AM Baseball League.

 

AND WHEREAS, the Partial Assignment Agreement requires Ottawa Pro Baseball Inc. to pay the City $108,000 per season for the rental of the Ottawa Stadium and the two-season total of $216,000 has been personally guaranteed by Mr. Miles Wolffe.

 

AND WHEREAS, despite the actions of the Rapidz Club, Ottawa Pro Baseball Inc. and Miles Wolffe have obligations to the City which remain viable.  

 

THEREFORE BE IT RESOLVED THAT

  1. Staff shall take steps to file a claim on behalf of the City in respect of the debts of the Rapidz Baseball Club Inc., with a view to recovering whatever amount is possible under the proposal;

 

  1. Staff shall enter into discussions with Ottawa Pro Baseball Inc. and Miles Wolffe in order to clarify the intention of the parties in respect of the Ottawa Stadium and report back to Council as soon as possible; and

 

3.      Staff be directed to take the necessary steps to protect the City’s asset, being the Ottawa Stadium.

 

                                                                                                            CARRIED

 

 

 

2.             ALIGNING THE ORGANIZATION FOR CHANGE

 

 

MOTION NO. 44/14

 

Moved by Councillor E. El-Chantiry

Seconded by Councillor J. Legendre

 

BE IT RESOLVED THAT Council approve that:

 

1.      There shall be two portfolios:

a.      City Operations; and

b.      Infrastructure Services and Community Sustainability;

2.      The Deputy City Manager of City Operations shall be Steve Kanellakos;

3.      The Deputy City Manager of Infrastructure Services and Community Sustainability shall be Nancy Schepers;

4.      The Deputy City Manager of City Operations shall have:

a.      All of the authority under the Delegation of Authority By-law, or any other by-law of the City, that previously was assigned to the Deputy City Manager, Community and Protective Services;

b.      In respect of the Fleet Services, Surfaces Operations, Traffic and Parking Operations Branches, the authority under the Delegation of Authority By-law, or any other by-law of the City, that previously was assigned to the Deputy City Manager, Public Works and Services; and

c.       All of the authority under the Delegation of Authority By-law, or any other by-law of the City, that previously was assigned to the Executive Director, Business Transformation Services (exclusive of Corporate Planning and Performance Reporting Office);

5.      The Deputy City Manager of Infrastructure Services and Community Sustainability shall have:

a.      All the authority under the Delegation of Authority By-law, or any other by-law of the city, that was previously assigned to the Deputy City Manager, Planning, Transit and the Environment; and

b.      In respect of the Water and Wastewater, Infrastructure Services and Solid Waste Services Branches, the authority under the Delegation of Authority By-law, or any other by-law of the City, that previously was assigned to the Deputy City Manager, Public Works and Services;

6.      The City Manager may exercise any delegated authority under the Delegation of Authority By-law, or any other by-law of the City, that was previously assigned to the Deputy City Manager, Public Works and Services and the Executive Director, Business Transformation Services;

7.      The City’s current organizational structure, consisting of four departments (being: Business Transformation Services; Community and Protective Services; Planning, Transit and the Environment; and Public Works and Services) shall cease to exist;

8.      The City Manager be directed to conclude any necessary employment contracts or contractual amendments necessary to give effect to Council's approved organizational restructuring, keeping in mind the City's compensation principles and its fundamental principle of seeking to attract and retain a quality workforce and to provide competitive and rewarding compensation and employment opportunities, having regard to municipal salary data for the group of comparator municipalities sharing similarities with the City of Ottawa in terms of size, scope, number of employees and number of citizens served.

9.      Effective December 1st, 2008, City Council appoint M. Rick O’Connor to the position of City Clerk; and

10.  The position of Chief Technology Advisor, as recommended in the Mayor’s Task Force on eGovernment (the “chief strategist for service delivery”), being one of the two “most critical changes that [the Task Force] identified”, be approved as a temporary contract position reporting to the Deputy City Manager of City Operations, in order to provide external advice on implementing a governance model as well as outcome – based measures for all activities, services and projects.

11. BE IT RESOLVED THAT the City Manager assume direct responsibility for French Language Services effective December 1st, 2008.

 

                                                                                                            CARRIED

 

MOTION NO. 44/15

 

Moved by Councillor M. McRae

Seconded by Councillor C. Leadman

 

THEREFORE BE IT RESOLVED THAT City Council acknowledge and thank the City Manager for the leadership he has demonstrated in bringing forward these organizational changes.

 

                                                                                                            CARRIED

 

Motion to Adopt Reports

 

MOTION NO. 44/16

 

Moved by Councillor R. Chiarelli

Seconded by Councillor M. Wilkinson 

 

That the Agriculture and Rural Affairs Committee Report 29, Community and Protective Services Committee Reports 31 and 31A (In Camera), Corporate Services and Economic Development Committee Report 30A, Planning and Environment Committee Report 37A and the report from the Deputy City Manager, Planning, Transit and the Environment entitled “Zoning – 1149 Yorks Corners Road – Supplementary Report to Item 3 of Agriculture and Rural Affairs Committee Report 29” be received and adopted as amended.

 

                                                                                                            CARRIED

 

 

Notice of Intent from the City Auditor General to Table at the 22 October 2008 Council meeting, two reports entitled "Audit of the 2006 Sewage Spill" and “Audit of the City of Ottawa Water Rate.”

 

 

By-laws                                                                                         Three Readings

MOTION NO. 44/17

 

Moved by Councillor R. Chiarelli

Seconded by Councillor M. Wilkinson

 

That the following by-laws be enacted and passed:

 

2008-378                 A by-law of the City of Ottawa to designate the lands described as the Plasco Evaluation Facility and known municipally as 4420 Trail Road as a municipal capital facility for the provision of waste management services.

 

2008-379                 A by-law of the City of Ottawa to establish certain lands as common and public highway and assume them for public use (Walker Road).

 

2008-380                 A by-law of the City of Ottawa to designate 217 to 267 Wildcliffe Way, 392 to 426 Goldenbrook Way and 187 to 215 Tapley Place, as being exempt from Part Lot Control.

 

2008-381                 A by-law of the City of Ottawa to designate 1095 North River Road, as being exempt from Part Lot Control.

 

2008-382                 A by-law of the City of Ottawa to designate 181, 182, 185, 186, 189, 190, 193 and 197 Hartsmere Drive, as being exempt from Part Lot Control.

 

2008-383                 A by-law of the City of Ottawa to designate Forestbrook Street, Hunterbrook Street, Galatina Way and Brady Avenue, as being exempt from Part Lot Control.

 

2008-384                 A by-law of the City of Ottawa to designate 296 Celtic Ridge Crescent, 400, 401 Arncliffe Avenue, as being exempt from Part Lot Control.

 

2008-385                 A by-law of the City of Ottawa to amend By-law No. 2008-250 of the City of Ottawa and to amend By-law Number 73-92 of the former City of Nepean to remove the holding symbol from the property known municipally as 4221 Moodie Drive.

 

2008-386                 A by-law of the City of Ottawa to amend By-law No. 2008-250 to correct technical errors within the said by-law affecting various properties within the City of Ottawa.

 

2008-387                 A by-law of the City of Ottawa to amend By-law No. 2008-250 to correct technical errors within the said by-law affecting various properties within the City of Ottawa.

 

2008-388                 A by-law of the City of Ottawa to amend By-law No. 2008-250 of the City of Ottawa and to amend By-law No. 100-2000 of the former City of Nepean to change the zoning for part of the property known municipally as 3538 Jockvale Road.

 

2008-389                 A by-law of the City of Ottawa to amend By-law No. 2008-250 of the City of Ottawa and to amend By-law Number 161-93 of the former City of Kanata to change the zoning for the property known municipally as 1320 Klondike Road.

 

2008-390                 A by-law of the City of Ottawa to amend By-law No. 2001-17 to appoint certain Inspectors, Property Standards Officers and Municipal Law Enforcement Officers in the Building Code Services Branch of the Planning, Transit and the Environment Department.

 

2008-391                 A by-law of the City of Ottawa to appoint a City Clerk.

 

                                                                                                            CARRIED

 

Confirmation By-law

 

MOTION NO. 44/18

 

Moved by Councillor R. Chiarelli

Seconded by Councillor M. Wilkinson

 

THAT By-law 2008-392 to confirm the proceedings of Council be enacted and passed.

 

                                                                                                            CARRIED

 

 


Inquiries

 

The following inquiry was received:

 

From Councillor M. McRae with respect to the number of staff reports required to be classified as a manager.

 

 

Adjournment

 

Council adjourned the meeting at 5:45 p.m.

 

 

 

 

 

 

 

 

CITY CLERK

 

MAYOR