OTTAWA CITY COUNCIL

28 January 2009

ANDREW S. HAYDON HALL

10:00 a.m.

 

MINUTES 58

 

 

The Council of the City of Ottawa met at Andrew S. Haydon Hall, 110 Laurier Avenue West, Ottawa, on 28 January 2009 beginning at 10:00 a.m.

 

 

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

 

 

The National Anthem was performed by Monique Guerrero, a grade 6 student attending St. Emily School.

 

MOMENT OF SILENCE –  Kathryn NIhei

 

Council observed a Moment of Silence in memory of Kathryn Nihei, founder of the Wild Bird Care Centre, who passed away on Thursday, January 15, 2009.

 

 

Announcements/Ceremonial Activities

 

RECOGNITION - HEART MONTH

 

Mayor O’Brien declared February 2009 as Heart Month in the City of Ottawa.  The Mayor presented Ms. Melanie Fulop, Event Coordinator, Heart and Stroke Foundation of Ontario, with a framed proclamation.

 

 

Roll Call

 

ALL MEMBERS WERE PRESENT EXCEPT COUNCILLORS B. MONETTE AND E. EL-CHANTIRY.

 


 

Confirmation of Minutes

 

The Minutes of the regular and In Camera meetings of 14 and 15 January 2009 and the special and In Camera meetings of 16 January 2009 and 21 January 2009 were confirmed.

 

 

Declarations of pecuniary interest including those originally arising from prior meetings

 

See specific Agenda Item for declarations: Corporate Services and Economic Development Committee Report 35, Item 2, Delegation of Authority – Contracts Awarded for the Period July 1 to September 30, 2008.

 

Communications

 

The following communications were received:

 

·                    Association of Municipalities of Ontario (AMO) Alerts :

·                    AMO's Pre-Budget Submission calls for Increased Infrastructure Investment

·                    Support of the AMO Position on the Waste Diversion Act (WDA) and the Blue Box Program Plan (BBPP) Review.

 

·                    Responses to Inquiries

·                    Inquiry 44-08 – Security of Confidential Items on the City Network

·                    Inquiry 45-08 - Route 600 series (school) buses – Service on PD days

·                    Inquiry 01-09 – Taxi Service During the Transit Strike

 

·                    Copies of correspondence to the National Capital Commission from the Ontario Ministry of Transportation (MTO) dated 27 January 2009 and from the Quebec Ministry of Transportation (MTQ) dated 27 January 2009 with respect to the Interprovincial River Crossing Environmental Assessment Study.

 

·                    Petition submitted by Ecology Ottawa containing the signatures of 4,609 Ottawa residents, asking that all parties sit down at the negotiating table and produce a fair deal that will end the transit strike.

 

Regrets

 

Councillors B. Monette and E. El-Chantiry advised they would be absent from the Council meeting of 28 January 2009.

 

 

Reconsiderations

 

CITY COUNCIL 14 JANUARY 2009

 

TRANSPORTATION COMMITTEE REPORT 24

 

 

1.             INTERPROVINCIAL CROSSINGS STUDY – NCC PRESENTATION – PHASE 1 STUDY               FINDINGS AND RECOMMENDATIONS

 

 

COMMITTEE RECOMMENDATIONS AS AMENDED

 

1.         c.         That the corridor for the Lower Duck option 6 or 7 be protected and included in Phase 2 for evaluation.

 

Resolution 1.c. was put to Council and CARRIED on a division of 12 YEAS to 11 NAYS as follows:

 

YEAS (12):      Councillors M. Wilkinson, C. Leadman, R. Chiarelli, P. Feltmate, D. Holmes, M. McRae, D. Deans, P. Hume, G. Brooks, G. Bédard, J. Legendre and C. Doucet.

 

NAYS (11):     Councillors A. Cullen, S. Qadri, D. Thompson, M. Bellemare, S. Desroches, E. El-Chantiry, R. Bloess, G. Hunter, R. Jellett, B. Monette and Mayor O’Brien.

 
MOTION NO. 54/3

 

Moved by Councillor B. Monette

Seconded by Councillor R. Jellett

 

That Resolution 1. c. of Item 1, Transportation Committee Report 24 be RECONSIDERED at the next regular meeting of Council scheduled for 28 January 2009.

 

Pursuant to Subsection 64 (4) of Procedure By-law 2006-462, notice of reconsideration CARRIED on a division of 11 YEAS to 12 NAYS (8 votes required) as follows:

 

YEAS (11):      Councillors A. Cullen, S. Qadri, D. Thompson, M. Bellemare, S. Desroches, E. El-Chantiry, R. Bloess, G. Hunter, R. Jellett, B. Monette and Mayor O’Brien.

 

NAYS (12):     Councillors M. Wilkinson, C. Leadman, R. Chiarelli, P. Feltmate, D. Holmes, M. McRae, D. Deans, P. Hume, G. Brooks, G. Bédard, J. Legendre and C. Doucet.

 

CITY COUNCIL 28 JANUARY 2009

 

Mayor O’Brien ruled that correspondence from the Ministry of Transportation of Ontario and the Ministère des Transports Québec to the NCC, requesting further analysis on the three highest ranked corridors (Corridors 5, 6 and 7), constituted new information and therefore the procedure for reconsideration was rendered moot.  The City Council decision of January 14 and 15, 2009 with respect to Resolution 1. c) of Transportation Committee Report 24, Item 1, therefore stands. (Note: see also Notices of Motion below).

 

 

Motion to Introduce Reports

 

MOTION NO. 58/1

 

Moved by Councillor D. Deans

Seconded by Councillor M. Bellemare

 

That Agriculture and Rural Affairs Committee Report 35A, Corporate Services and Economic Development Committee Report 35, Ottawa Police Services Board Report 13 and Planning and Environment Committee Report 44A be received and considered.

 

And that the Rules of Procedure be suspended to receive and consider the Report from the City Clerk and Solicitor entitled “Status Update – Council Inquiries and Motions for the Period Ending 14 January 2009”.

 

                                                                                                            CARRIED

 

CITY CLERK AND SOLICITOR

 

 

1.             STATUS UPDATE – COUNCIL INQUIRIES AND MOTIONS FOR THE PERIOD ENDING 14 JANUARY 2009

 

 

REPORT RECOMMENDATION

 

That Council receive this report for information.

 

                                                                                                            RECEIVED

 

 


AGRICULTURE AND RURAL AFFAIRS COMMITTEE REPORT 35A

 



 

1.             HIGHWAY 7 EXPANSION FROM HIGHWAY 417 TO ASHTON STATION ROAD -
NAMING OF SERVICE ROADS

 

 

COMMITTEE RECOMMENDATIONS

 

That Council approve the following names for the two service roads created as part of Phase 2 of the expansion of Highway 7:

 

1.         Golf Club Way for the south service road from Dwyer Hill Road to just east of the Canadian Golf and Country Club.

 

2.         West End Way for the south service road from Ashton Station Road easterly to a cul-de-sac near Overpass Road.

 

                                                                                                            CARRIED

 

 



 

2.             ZONING - 5073 AND 5089 RUSHMORE ROAD

 

 

COMMITTEE RECOMMENDATIONS

 

(This application is subject to Bill 51)

 

That Council approve an amendment to Zoning By-law 2008-250 to:

 

1.         Change the zoning of 5073 Rushmore Road from AG2 (Agricultural - subzone 2) to AG[319r] (Agricultural zone - rural exception 319) as shown in Document 1 and as detailed in Document 2.

 

2.         Change the zoning of 5089 Rushmore Road from AG2 (Agricultural - subzone 2) to AG6 (Agricultural subzone 6) to prohibit dwellings from being constructed on the lands as shown in Document 1 and as detailed in Document 2.

 

                                                                                                            CARRIED

 

 


CORPORATE SERVICES AND ECONOMIC DEVELOPMENT COMMITTEE REPORT 35

 

 

1.         TOWARDS EXCELLENCE IN THE APPLICATION OF THE CITY OF OTTAWA’S BILINGUALISM POLICY

 

 

Committee Recommendation

 

That Council adopt the recommendations contained in this report.

 

CARRIED with Councillor J. Harder dissenting.

 

 

 

2.         DELEGATION OF AUTHORITY – CONTRACTS AWARDED FOR THE PERIOD JULY 1 TO SEPTEMBER 30, 2008, AND LEGAL OUTSOURCING COSTS

 

 

Committee Recommendation

 

That Council receive this report for information.

 

DECLARATIONS OF INTEREST

 

Mayor Larry O’Brien declared a potential, indirect pecuniary interest on Council Agenda 58, 28 January 2009, Item 2, Corporate Services and Economic Development Committee Report 35, Delegation of Authority – Contracts Awarded for the Period July 1 to September 30, 2008, as a company on which he serves on the Board of Directors, Calian Technologies Ltd, was awarded contracts during the period of this report.

 

Mayor O’Brien did not take part in the discussion or vote on this Item.

 

Item 2, Corporate Services and Economic Development Committee Report 35 was then put to Council and RECEIVED.

 

 

 

3.         TAXES – REMISSIONS – REPORT #3, 2008

 

 

Committee RecommendationS

 

1.  In accordance with Sections 334, 354, 357 and 358 of the Municipal Act, that Council approve taxes totalling $877,426.30 be cancelled, reduced or refunded in accordance with the list, entitled as Document 1.

 

Authority - Sections 334, 354, 357 and 358                                                                     

Amount

 

 

Fire, demolition or otherwise                                                                                    

$ 284,191.34

Mobile Unit Removed

938.95

As a result of a change event                                                                                        

3,759.91

Property became exempt from taxation                                                                      

156,319.73

Substantialy unusable                                                                                                       

38,962.93

Gross or manifest error                                                                                                     

58,854.50

Unused due to renovations/repairs                                                                               

128,640.53

Previous year gross or manifest error                                                                         

160,088.35

Due to previous year 357/358                                                                                        

21,097.37

Bank Street Business Improvement Area

89.55

Rideau Street Business Improvement Area

561.27

Byward Market Business Improvement Area                                                                   

453.68

Sparks Street Business Improvement Area                                                                        

35.76

Heart of Orleans Business Improvement Area

(4.40)

Vanier Business Improvement Area                                                                                      

51.19

Capping/Phase-in Adjustments                                                                                  

$23,385.64

 

 

Tax Adjustments                                                                                                      

$877,426.30  

 

2.      That the “ no recommendation” decisions on the list entitled Document 2 be approved.

 

                                                                                                            CARRIED

 

 

 

4.             DEVELOPMENT CORPORATIONs FOR CITY OWNED LANDS

 

 

 

Committee RecommendationS

 

That Council:

 

1.                  In accordance with the findings of the Best Practices Studies regarding disposal and development of municipal properties as outlined in Documents 1 & 2, the City continue, in accordance with leading edge municipal practices to use internal resources for the disposal of surplus City properties and to use development corporations on a project by project basis for undertaking City property development initiatives;

 

2.                  As part of its governance structure, the City continue to clearly separate the responsibilities of the City’s real estate functions, as currently carried out by the Real Property Asset Management Branch (RPAM), from the City’s planning, regulatory and program functions to allow Council to balance competing interests when making real property decisions;

 

3.                  The City proceed with the incorporation of the Community Lands Development and Manotick Mill Corporations as described in Documents 3 & 4;

 

4.                  Upon incorporation of the Community Lands Development Corporation (CLDC), the City transfer its Longfields Subdivision lands, as described in this report and shown in Document 5 in order for the CLDC to take action to comply with the conditions for registration to enter into a subdivision agreement with the City; and to proceed with the sale of the lands on behalf of the City with all sales revenue accruing to the City;

 

5.                  In advance of the transfer of the Longfields Subdivision lands to the CLDC, the City immediately offer for sale at current market value and with conditions to reflect the draft plan approval conditions and the transfer to the CLDC, the Neighbourhoods #3 & #4 and the Institutional Bocks as shown in Document 5 and as described in this report;

 

6.                  Before transferring any lands in the Centrepointe Town Centre (CTC) to the CLDC to implement the CTC Concept Plan, as shown in Document 6, the City continue to work with Algonquin College on exploring joint development opportunities for the City and the College within the CTC, including securing additional public and private sector funding to the benefit of both parties; and

 

7.                  Upon incorporation of the Manotick Mill Quarter Corporation (MMQC), the City transfer to the MMQC the Mill Quarter properties as described in this report, and shown as Parcels “A”, “B”, “D” & “E” on the Annex “A” plan attached as Document 7, to carry out the mandate of the MMQC as outlined in Document 4.

 

MOTION NO. 58/2

 

Moved by Councillor J. Legendre

Seconded by Councillor D. Holmes

 

That all 5 interested Councillors (Desroches, Legendre, Monette, Thompson and Wilkinson) be named to the Board in addition to the two local Councillors and the Mayor.

 

CARRIED on a division of 13 YEAS to 7 NAYS as follows:

 

YEAS (13):      Councillors P. Feltmate, P. Hume, S. Desroches, C. Doucet, D. Thompson, C. Leadman, M. McRae, G. Bédard, G. Brooks, J. Legendre, R. Jellett, M. Bellemare and D. Holmes.

 

NAYS (7):       Councillors S. Qadri, M. Wilkinson, J. Harder, D. Deans, G. Hunter, R. Chiarelli and Mayor O’Brien.

 

Item 4 of Corporate Services and Economic Development Committee Report 35, was then put to Council and CARRIED as amended by Motion 58/2, with Councillor G. Hunter dissenting.

 

 

5.         SALE OF LAND - 1950 MERIVALE ROAD

 

 

Committee RecommendationS

 

That Council:

 

1.      Declare a parcel of vacant land containing an area of 526 m2, described as part of Lot 26, Concession 1, (RF), geographic Township of Nepean now City of Ottawa, shown hatched on the attached Annex “A” as surplus to the City’s needs;

 

2.      Waive the former owners’ right to purchase the parcel described in Recommendation 1, as provided for under Section 42 of the Expropriations Act; and

 

3.      Approve the sale of the land outlined in Recommendation 1, subject to any easements that may be required, to IGW Properties GP 1 INC. for $38,000.00 plus GST, pursuant to an Agreement of Purchase and Sale that has been received.

 

CARRIED with Councillor J. Legendre dissenting.

 

 

 

6.         LAND EXCHANGE - 3020 HAWTHORNE ROAD

 

 

Committee RecommendationS

 

That Council:

 

1.      Declare a parcel of vacant land containing an area of 262 m2, described as Part 4 on Reference Plan 4R-19420 (Parcel “A”) , as surplus to the City’s needs; and

 

2.      Approve the sale of the land outlined in Recommendation 1, subject to any easements that may be required, together with the transfer of easement rights in Parts 8 and 10 on Reference Plan 4R-19420 (Parcel “B”) to Enbridge Gas Distribution Inc. in exchange for a parcel of land containing an area of 651.57 m2, described as Part 6 on Reference Plan 5R-231 (Parcel “C”), pursuant to an Agreement of Purchase and Sale that has been received.

 

                                                                                                            CARRIED

 

 

7.         Ottawa Paramedic Service – Acquisition of 2475 Don reid drive

 

 

Committee RecommendationS

 

That Council:

 

1.      Approve the acquisition of an improved industrial site located at 2475 Don Reid Drive (PIN 04741-0043), from 845470 Ontario Inc., described as being located in Part of Lot 1, Concession 4, City of Ottawa, formerly in the geographic Township of Gloucester, as shown on the attached Annex “A”, required for the Ottawa Central Ambulance Communications Centre (CACC), for the total consideration of $1,945,000 plus land transfer tax, and GST, subject to the Province committing to the total funding for this project, (to include all fit-up, operating and carrying costs);

 

2.      Approve the upset payment of $11,000 to 845470 Ontario Inc., for costs related to extending closing, as set out in this report;

 

3.      Approve the payment of costs to Forum Equity Partners Inc., to an upset limit of  $40,000 for expenses incurred by Forum relating to the lease negotiations and the assignment of the Purchase and Sale Agreement to the City permitting it to acquire the property set out in Recommendation 1;

 

4.      Authorize debt in the amount of up to $5.9M to finance the acquisition and necessary fit-up work as outlined in this report; and

 

5.      Approve the retention of Griffiths Rankin Cook Architects as the architect and AECON Building Ottawa as the general contractor for the project in accordance with Section 22 (1)(c) of the Purchasing By-law for the reasons as outlined in this report.

 

                                                                                                            CARRIED

 

 


 

8.         FRONT-ENDING AGREEMENT FOR SHIRLEY'S BROOK STORMWATER MANAGEMENT FACILITY #1 WEST

 

 

Committee RecommendationS AS AMENDED

 

That Council :

 

1.      Authorize the City to enter into a front-ending agreement with Riotrin Properties (March Road) Inc. for the construction of the Shirley’s Brook Storm Water Management Facility #1 West based upon the principles set forth in Document 2, and the Council approved Front-Ending Policy noted in Document 3 with the final form and content of the front-ending agreement being to the satisfaction of the Deputy City Manager, Infrastructure Services and Community Sustainability Department and the City Solicitor as amended by the following;

 

a)      That repayment under the front-ending agreement for the Stormwater Management Facility #1 West be varied so that Riotrin Properties receive 100% of the funds paid on their property, subject to confirmation being received from the beneficiaries of the two Shirley’s Brook Ponds East by the time this report rises to Council;

 

 2.  Authorize the expenditure of $950,600 for the construction of the Shirley’s Brook SWMF #1 West subject to the execution of the front-ending agreement; and

 

3.      Authorize the City to establish a budget in the amount of $950,600 for the Shirley’s Brook Storm Water Facility #1 west, under Internal Order number:  903328:  Area W-2 Shirley’s Brook W SWM Pond 1.

 

MOTION NO. 58/3

 

Moved by Councillor M. Wilkinson

Seconded by Councillor S. Qadri

 

WHEREAS Corporate Services and Economic Development Committee recommended approval of the front-ending agreement with Riotrin Properties (March Road) Inc. subject to Riotrin Properties receiving 100% of the stormwater development charges payable in respect of their property;

 

AND WHEREAS this recommendation was subject to agreement from Klondike Developments Inc., another front-ending party for two stormwater facilities within the same stormwater development charge area;

 

AND WHEREAS Riotrin Properties and Klondike have concurred in this approach with Klondike also receiving 100% of the stormwater development charges for the lands it developed;

 

AND WHEREAS this revised approach does not have a financial impact on the City;

 

THEREFORE BE IT RESOLVED that Recommendation 1 be amended to read in accordance with the following:

 

1.      Authorize the City to enter into a front-ending agreement with Riotrin Properties (March Road) Inc. for the construction of the Shirley’s Brook Storm Water Management Facility #1 West based upon the principles set forth in Document 2, and the Council approved Front-Ending Policy noted in Document 3 with the final form and content of the front-ending agreement being to the satisfaction of the Deputy City Manager, Infrastructure Services and Community Sustainability Department and the City Solicitor as amended by the following;

 

a)   That repayment under the front-ending agreement for the Stormwater Management Facility #1 West be varied so that Riotrin Properties receive 100% of the area specific stormwater development charges paid on their property (and the property to be acquired from the City) and that Klondike Developments Inc. receive 100% of the area specific stormwater development charges paid for Plans 4M-1326 and 4M-1375;

 

                                                                                                            CARRIED

 

Item 8 of Corporate Services and Economic Development Committee Report 35 was then put to Council and CARRIED as amended by Motion No. 58/3.

 

 

9.         ST. JOSEPH BOULEVARD COMMUNITY IMPROVEMENT PLAN

 

 

Committee RecommendationS

 

That Council:

 

1.                  Enact a by-law to designate the area shown as Schedule “A” on Document 1 as the St. Joseph Boulevard Community Improvement Plan Project Area;

 

2.                  Enact a by-law to adopt the St. Joseph Boulevard Community Improvement Plan as detailed in Document 2 and 3; and

 

3.                  Delegate to the General Manager, Planning and Growth Management the authority to approve Community Improvement Plan grant applications for which the total combined grant amount does not exceed $250,000.00, subject to an annual financial reporting to Council.

 

                                                                                                            CARRIED

 

 

OTTAWA POLICE SERVICES BOARD REPORT 13

 

 

1.                 POLICE SERVICES BOARD ACTIVITY, TRAINING AND PERFORMANCE – 2008 ANNUAL REPORT

 

 

BOARD RECOMMENDATION

 

That Council receive this report for information.

 

                                                                                                            RECEIVED

 

 

 

2.             2008 BOARD COMMUNITY ENGAGEMENT STRATEGY – STATUS REPORT

 

 

BOARD RECOMMENDATION

 

That Council receive this report for information.

 

                                                                                                            RECEIVED


 

PLANNING AND ENVIRONMENT COMMITTEE REPORT 44A

 

 

1.             ZONING - 1601 SIEVERIGHT AVENUE

 

 

Committee recommendation

 

(This application is subject to Bill 51)

 

That Council approve an amendment to the Zoning By-law 2008-250 to change the zoning of 1601 Sieveright Avenue from Light Industrial - IL2 H(14) to Residential First Density - R1W as shown in Document 1.

 

                                                                                                            CARRIED

 

 

 

2.             ZONING - 1080 BANK STREET

 

 

Committee recommendations

 

(This application is subject to Bill 51)

 

That Council:

 

1.         Approve an amendment to Zoning By-law 2008-250 to change the zoning of 1080 Bank Street, as shown in Document 1, from Traditional Mainstreet - TM2 H (15) and Traditional Mainstreet - TM2 [98] H(14) to TM2 [98] H(15) as detailed in Document 2.

 

2.         Approve an amendment to the former City of Ottawa Zoning By-law 93-98 to change the zoning provisions for part of 1080 Bank Street, as shown in Document 1, to reduce the separation for a parking lot from a public street, as detailed in Document 2.

 

                                                                                                            CARRIED

 

 

3.             ZONING - 1238 MARENGER STREET

 

 

Committee recommendation

 

(This application is subject to Bill 51)

 

That Council approve an amendment to Zoning By-law 2008-250 to amend the Residential Fourth Density Zone, Subsection Z, Exception 1241 (R4Z[1241]) of 1238 Marenger Street as detailed in Document 2.

 

                                                                                                            CARRIED

 

 

4.             OFFICIAL PLAN AMENDMENT FOR COMPLETE APPLICATION AND PRE-APPLICATION CONSULTATION AND INFORMATION ON MANDATORY PRE-APPLICATION CONSULTATION

 

 

agriculturE and rural affairs committee and Planning and environment Committee recommendations

 

(This matter is subject to Bill 51)

 

That Council:

 

1.         Approve Official Plan Amendment xx, to implement recent changes to the Planning Act regarding complete applications and pre-application consultation, as detailed in Document 1.

 

2.         Receive the information contained in this report regarding the process for pre-application consultation.

 

                                                                                                            CARRIED

 

 

5.             AMENDMENT TO PLANNING APPLICATION FEES BY-LAW AND CONDOMINIUM APPLICATION TIMELINES

 

 

agriculturE and rural affairs committee and Planning and environment Committee recommendations as amended

 

That Council:

 

1.         Approve the establishment of new fees for Common Elements and Vacant Land Plans of Condominium, as detailed in Document 1 as amended to correct legal fees, and amend the Planning Fees By-law accordingly, effective 1 February 2009; and

 

2.         Approve the establishment of a revised timeline for Common Elements and Vacant Land Plans of Condominium applications, as detailed in Document 2.

 

3.      Replace reference in Document 1 of “1,606.50 Legal Fee + GST” with  “1,530.00 Legal Fee + GST” and correct reference to “687.75 Legal Fee + GST” with “655.00 Legal Fee + GST”.

 

                                                                                                            CARRIED

 

 

 

6.             PRESTON STREET REHABILITATION between Spruce and Albert Streets

 

 

Committee recommendation

 

That Council approve that funds in the amount of $1.9 million required for the water portion ($570,000) and sewer portion ($1,330,000) of this project be allocated from the water/sewer reserves.

 

                                                                                                            CARRIED

 

Motion to Adopt Reports

 
MOTION NO. 58/4

 

Moved by Councillor D. Deans

Seconded by Councillor M. Bellemare

 

That the Report from the City Clerk and Solicitor entitled “Status Update – Council Inquiries and Motions for the Period Ending 14 January 2009”, the Agriculture and Rural Affairs Committee Report 35A, Corporate Services and Economic Development Committee Report 35, Ottawa Police Services Board Report 13 and Planning and Environment Committee Report 44A be received and adopted as amended.

 

                                                                                                            CARRIED

 

 

Motions Requiring Suspension of the Rules of Procedure

 

MOTION NO. 58/5

 

Moved by Councillor D. Deans

Seconded by Councillor M. Bellemare

 

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

 

WHEREAS a Mid-Term Governance Review is currently underway that may result in changes to how Council addresses the Audits; and

 

AND WHEREAS further to Motion No. 44/6 carried at the October 8, 2008 meeting of City Council, release of the White Papers for the Mid-Term Governance Review was delayed until the New Year; 

 

AND WHEREAS Councillor Hunter and Brooks’ terms on the Council Audit Working Group will expire on January 31, 2009 before the Mid Term Governance Review is complete;

 

THEREFORE BE IT RESOLVED THAT Councillors Hunter and Brooks’ term on the Council Audit Working Group be extended until such time as the Mid-Term Governance Review is complete.

 

                                                                                                            CARRIED

 
MOTION NO. 58/6

 

Moved by Councillor P. Hume

Seconded by Councillor R. Jellett

 

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

 

WHEREAS Sections 342, 343 and 345 of the Municipal Act, 2001, S.O. c.25 (“Municipal Act”) as amended require that tax due dates, penalty and service charges be approved by City Council; and

 

WHEREAS the planned interim tax due date is the third Thursday in March, which would be March 19, 2009 and;

 

WHEREAS in order to comply with the requirement to have the interim tax  bills mailed 21 days prior to the tax due date, bills must be issued starting Feb 16, 2009 ; and

 

WHEREAS many of the residents and businesses in Ottawa have been impacted adversely by the transit strike; and

 

WHEREAS delaying the interim tax due date provides some financial relief to residents and businesses in the City of Ottawa; and

 

WHEREAS delaying the tax due date by four weeks will cost the City $1.3 million of lost interest revenue;

 

THEREFORE BE IT RESOLVED:

1.         That staff be directed to set the interim tax due date to the third Thursday in April namely April 16, 2009; and,

2.         That the lost interest income be mitigated by any savings from the transit strike.

 
MOTION NO. 58/7

 

Moved by Councillor A. Cullen

Seconded by Councillor P. Hume

 

That Motion No. 58/6 be amended to defer “2. That the lost interest income be mitigated by any savings from the transit strike.” to the relevant April meeting of Corporate Services and Economic Development Committee when it considers the tax policy report.

 

LOST on a division of 8 YEAS to 14 NAYS as follows:

 

YEAS (8):        Councillors P. Hume, R. Bloess, D. Thompson, C. Leadman, M. McRae, J. Harder, J. Legendre and A. Cullen.

 

NAYS (14):     Councillors P. Feltmate, S. Desroches, C. Doucet, S. Qadri, M. Wilkinson, G. Bédard, D. Deans, G. Hunter, R. Chiarelli, G. Brooks, R. Jellett, M. Bellemare, D. Holmes and Mayor O’Brien.

 

Motion No. 58/6 was then put to Council and divided for voting purposes.

 

Resolution 1 CARRIED on a division of 16 YEAS to 6 NAYS as follows:

 

YEAS (16):      Councillors P. Feltmate, P. Hume, S. Desroches, R. Bloess, S. Qadri, D. Thompson, M. Wilkinson, C. Leadman, M. McRae, G. Bédard, G. Hunter, G. Brooks, J. Legendre, R. Jellett, M. Bellemare and Mayor O’Brien.

 

NAYS (6):       Councillors C. Doucet, J. Harder, D. Deans, R. Chiarelli, A. Cullen and D. Holmes.

 

Resolution 2 CARRIED on a division of 14 YEAS to 8 NAYS as follows:

 

YEAS (14):      Councillors P. Feltmate, P. Hume, S. Desroches, R. Bloess, S. Qadri, D. Thompson, M. Wilkinson, M. McRae, D. Deans, G. Hunter, G. Brooks, R. Jellett, M. Bellemare and Mayor O’Brien.

 

NAYS (8):       Councillors C. Doucet, C. Leadman, J. Harder, G. Bédard, R. Chiarelli, J. Legendre, A. Cullen and D. Holmes.

 

 


MOTION NO. 58/8

 

Moved by Councillor A. Cullen

Seconded by Councillor G. Bédard

 

That the Rules of Procedure be waived to consider the following motion:

 

WHEREAS on January 15, 2009 Council established a Sub Committee of Transit Committee to work with staff on a Return to Transit Recovery Program;

 

AND WHEREAS Council provided a list of initiatives to be considered by Transit Committee and Council as part of the Return to Transit Recovery Program;

 

AND WHEREAS the Return to Transit Recovery Program will consist of both immediate actions and a longer-term strategy to rebuild ridership and ensure customers are compensated for lost service;

 

AND WHEREAS decisions respecting immediate actions are needed to facilitate immediate implementation at the end of the strike;

 

THEREFORE BE IT RESOLVED that City Council delegate authority to Transit Committee to make decisions regarding the implementation plan for those immediate actions that are not related to fares or the transit levy, as long as they are within the Council-approved budget for Transit Services after incorporating any anticipated financial impacts from the strike.

 

Waiver of the Rules of Procedure LOST on a division of 11 YEAS to 11 NAYS as follows:

 

YEAS (11):      Councillors P. Feltmate, P. Hume, R. Bloess, C. Doucet, M. Wilkinson, C. Leadman, M. McRae, G. Bédard, J. Legendre, A. Cullen and D. Holmes.

 

NAYS (11):     Councillors S. Desroches, S. Qadri, D. Thompson, J. Harder, D. Deans, G. Hunter, R. Chiarelli, G. Brooks, R. Jellett, M. Bellemare and Mayor O’Brien.

 

 

Notices of Motion (For Consideration at Subsequent Meeting)

 
MOTION

 

Moved by Councillor R. Bloess

Seconded by Councillor R. Jellett

 

WHEREAS the Provinces of Ontario and Quebec have indicated their preferences for the next stage of the Interprovincial Crossings Study;

 

WHEREAS Council had a reconsideration of the inclusion of the Lower Duck corridor slated for January 28, 2009;

 

THEREFORE BE IT RESOLVED THAT Council consider the new information and affirm its position on the Lower Duck corridor.

 

 

MOTION

 

Moved by Councillor M. Bellemare

Seconded by Councillor D. Deans

 

WHEREAS in February 1999 the interprovincial transportation study commissioned by the National Capital Commission, the Regional Municipality of Ottawa-Carleton, and the Communauté urbaine de l'Outaouais concluded that "it would be appropriate to consider a new approach to solving the gradual deterioration of traffic conditions in the NCR [National Capital Region]", that "this approach would consist of developing a ring road around the NCR territory", and that the "route of the ring road would initially comprise roads and highways surrounding the area (existing or planned in the short term) and two new interprovincial links; one in the east in the Orléans/Masson-Angers corridor, and the other in the west, possibly in the Kanata/Aylmer corridor";

 

AND WHEREAS In June 2007 the Mayor of Ottawa's Task Force on Transportation came to the same conclusion and called for the construction of a ring road tied to a new bridge over the Ottawa River.

 

AND WHEREAS the environmental organization Ottawa Riverkeeper recently announced that the best place for a new bridge would be between Cumberland and Masson-Angers, and in particular, that "a crossing at Cumberland/Masson would have the least impact on the river and a crossing at Lower Duck Island would likely have the greatest impact on the river";

 

BE IT THEREFORE BE IT RESOLVED THAT the Cumberland-Masson-Angers corridor be protected and included in Phase 2 for evaluation.

 

 

MOTION

 

Moved by Councillor J. Legendre

Seconded by Councillor G. Bédard

 

That Council support the positions of the Province of Ontario and the Province of Quebec in the matter of the Interprovincial River Crossing Environmental Assessment.

 

 

MOTION

 

Moved by Councillor S. Qadri

Seconded by Councillor D. Thompson

 

WHEREAS the development approvals for the Westwood Community provide for a park with a soccer field and other facilities;

 

AND WHEREAS this requirement was explicitly identified in the drawings referred to in the registered subdivision agreement;

 

AND WHEREAS the plan of subdivision containing the park was registered in 2005;

 

AND WHEREAS the park has not yet been constructed;

 

AND WHEREAS extensive discussions have taken place with the developers with respect to having the park constructed;

 

AND WHEREAS prior to and at a public meeting of the community in November, 2008 it was held out that the construction work would take place over the period between December, 2008 and May, 2009;

 

AND WHEREAS an agreement was drafted to incorporate this timing but this agreement has not been signed by the developers;

 

AND WHEREAS Planning and Environment Committee, pursuant to delegated authority, approved on 27 January 2009 the imposition on the next phase of the Westwood Community a condition of draft plan approval to requirement the terms of the agreement be adhered to;

 

AND WHEREAS, regardless of the timing of the registration of Phase 3, the community is entitled to have Coyote Run Park constructed now;

 

THEREFORE BE IT RESOLVED THAT Council approve that:

 

1.                  the City cash $150,000 of the existing letter of credit

2.                  $450,000 in interim funding be made available to the City Operations Department to permit the construction of Coyote Run Park;

3.                  The developers of phase 3 of Westwood be required to repay the cost of the construction of Coyote Run Park no later than the registration of Phase 3; and

4.                  That the provisions of the Notice By-law relating to the notice of amendments to the Budget be waived.

 

 

MOTION

 

Moved by Councillor A. Cullen

Seconded by Councillor G. Bédard

 

WHEREAS on January 15, 2009 Council established a Sub Committee of Transit Committee to work with staff on a Return to Transit Recovery Program;

 

AND WHEREAS Council provided a list of initiatives to be considered by Transit Committee and Council as part of the Return to Transit Recovery Program;

 

AND WHEREAS the Return to Transit Recovery Program will consist of both immediate actions and a longer-term strategy to rebuild ridership and ensure customers are compensated for lost service;

 

AND WHEREAS decisions respecting immediate actions are needed to facilitate immediate implementation at the end of the strike;

 

THEREFORE BE IT RESOLVED that City Council delegate authority to Transit Committee to make decisions regarding the implementation plan for those immediate actions that are not related to fares or the transit levy, as long as they are within the Council-approved budget for Transit Services after incorporating any anticipated financial impacts from the strike.

 

 

Motion To Resolve In Camera

 
MOTION NO. 58/9

 

Moved by Councillor D. Deans

Seconded by Councillor M. Bellemare

 

BE IT RESOLVED THAT the Rules of Procedure be waived to permit the receipt of a briefing from the City Clerk and Solicitor with respect to matters related to collective bargaining for OC Transpo; and

 

BE IT RESOLVED that Council resolve In Camera pursuant to Subsections 13. (1) (b) personal matters about an identifiable individual, including staff; (d) labour relations or employee negotiations; 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 matters related to collective bargaining for OC Transpo and other transit strike related matters. 

 

                                                                                                            CARRIED

 

Council resolved In Camera at 12:05 p.m.

 

IN CAMERA SESSION

 

IN COUNCIL

 

Council resumed in open session at 2:00 p.m.

 

 

 

COLLECTIVE BARGAINING FOR OC TRANSPO

 

 

MOTION NO. 58/10

 

Moved by Councillor J. Harder

Seconded by Councillor S. Qadri

 

WHEREAS the City of Ottawa has been without transit service due to a strike by the ATU Local 279 since December 10th, 2008;

 

AND WHEREAS the City of Ottawa and ATU Local 279 have reached an impasse in collective bargaining negotiations;

 

AND WHEREAS the ATU has repeatedly failed to negotiate with the City’s bargaining team on key points, including the issue of scheduling;

 

THEREFORE BE IT RESOLVED THAT the Bargaining Team for the Amalgamated Transit Union Local 279 be challenged to return to the bargaining table with a revised and different mandate in order to negotiate in good faith with the City of Ottawa on all of the outstanding issues between the Parties.

 

                                                                                                            CARRIED

 

 

By-laws                                                                                      Three Readings

 
MOTION NO. 58/11

 

Moved by Councillor D. Deans

Seconded by Councillor M. Bellemare

 

That the following by-laws be enacted and passed:

 

 

2009-27                     A by-law of the City of Ottawa to establish fees and charges for services, activities and information provided by the Revenue Division of the Financial Services Branch of the City Manager’s Office.

 

2009-28                     A by-law of the City of Ottawa to amend By-law No. 2006-300 respecting fees and charges for solid waste services.

 

2009-29                     A by-law of the City of Ottawa to amend By-law No. 2006-76 respecting fees and charges for Ottawa Fire Services.

 

2009-30                     A by-law of the City of Ottawa to amend By-law No. 2006-75 respecting fees and charges for inspections and file searches by Ottawa Fire Services.

 

2009-31                     A by-law of the City of Ottawa to amend By-law No. 2008-483 respecting fees for vacant land and common elements condominiums.

 

2009-32                     A by-law of the City of Ottawa to amend By-law No. 2004-163 respecting fees for open air fire permits

 

2009-33                     A by-law of the City of Ottawa to designate 345 Celtic Ridge, as being exempt from Part Lot Control.

 

2009-34                     A by-law of the City of Ottawa to establish certain lands as common and public highway and assume them for public use.

 

2009-35                     A by-law of the City of Ottawa to amend By-law No. 2008-250 of the City of Ottawa to change the zoning for the properties known municipally as 5073 and 5089 Rushmore Road.

 

2009-36                     A by-law of the City of Ottawa to amend the Official Plan for the City of Ottawa to implement policies concerning pre-application consultation and prescribed information for planning applications.

 

2009-37                     A by-law of the City of Ottawa to amend By-law No. 2008-250 of the City of Ottawa to change the zoning for the property known municipally as 1601 Sieveright Avenue.

 

2009-38                     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 93-98 of the former City of Ottawa to change the zoning for the property known municipally as 1080 Bank Street.

 

2009-39                     A by-law of the City of Ottawa to amend By-law No. 2008-250 of the City of Ottawa to change the zoning for the property known municipally as 1238 Marenger Street.

 

2009-40                     A by-law of the City of Ottawa to designate a part of the area covered by the Official Plan for the City of Ottawa as the St. Joseph Boulevard Community Improvement Project Area.

 

2009-41                     A by-law of the City of Ottawa to adopt the St. Joseph Boulevard Community Improvement Plan.

 

2009-42                     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.

 

                                                                                                            CARRIED

 

 

Confirmation By-law

 

MOTION NO. 58/12

 

Moved by Councillor D. Deans

Seconded by Councillor M. Bellemare

 

THAT By-law 2009-43 to confirm the proceedings of Council be enacted and passed.

 

                                                                                                            CARRIED

 

 

Inquiries

 

From Councillor M. McRae with respect to the status of the staff review of the Lansdowne Live proposal.

 

Adjournment

 

Council adjourned the meeting at 2:05 p.m..

 

 

 

 

 

 

 

 

CITY CLERK

 

MAYOR