11 march 2009
10:00 a.m.
MINUTES 62
The Council of the City of Ottawa met at Andrew S.
Haydon Hall, 110 Laurier Avenue West, Ottawa, on 11 March 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 the Queen Elizabeth Public School Choir.
Roll Call
ALL
MEMBERS WERE PRESENT EXCEPT COUNCILLORS D. DEANS AND R. CHIARELLI
Confirmation of Minutes
The Minutes of the regular and In Camera meeting of 25 February 2009 were confirmed.
Declarations
of interest including those originally arising from prior meetings
No declarations were received.
Communications
The
following communications were received:
·
Responses to Inquiries
· 04-09 - Interprovincial Bridge Study
· 05-09 - Bike Share Program
· 06-09 – Overnight Parking Ban Improvements
·
Petition submitted by
the Student Federation of the University of Ottawa (SFUO) containing 390
signatures, in support of the University Bus Pass Pilot Project for University
of Ottawa Students.
Regrets
Councillors D. Deans and R. Chiarelli advised they
would be absent from the Council meeting of 11 March 2009.
Motion
to Introduce Reports
Moved by Councillor
M. Bellemare
Seconded by
Councillor D. Thompson
That
Agriculture and Rural Affairs Committee Report 37, Corporate Services and
Economic Development Committee Report 38, Planning and Environment Committee
Report 46, Transit Committee Reports 24 and 25 and Transportation Committee
Report 27 be received and considered.
And that the
Rules of Procedure be suspended to receive and consider Planning and
Environment Committee Report 47.
CARRIED
AGRICULTURE AND RURAL AFFAIRS COMMITTEE REPORT 37
1. GREELY
VILLAGE CENTRE PROPOSED SETTLEMENT |
Committee Recommendations as amended
That Council approve and:
1. Support
the proposed zoning outlined in Document 1;
2. Support that the easement for the McEvoy Drain be 6 m in width from
the top of bank along the western and southern property line;
3. Rezone the former Block 36 (now Block 42) to O1;
4. Delete the condition for the lifting of the holding zone with respect to the McEvoy Drain, such to be addressed through subdivision approval;
5. Delegate the responsibility for resolving the conditions of draft subdivision approval to the General Manager, Planning and Growth Management in consultation with the Ward Councillor; and
6. Regulate the height limit in all the VM3 and VM3 exception zones in Greely Village Centre to 10.7 metres.
CARRIED
2. TERMS
OF REFERENCE: BOREHOLE DATA ACQUISITION PROJECT |
Committee Recommendation
That Council endorse the terms of reference for the Borehole Data
Acquisition Project.
CARRIED
3. MCEVOY
BRANCH OF THE SHIELDS MUNICIPAL DRAIN |
Committee Recommendation
That Council adopt the Engineer's Report for the McEvoy Branch of the Shields
Municipal Drain and give first and second reading to the attached By-law in
accordance with Sections 42 and 45 of the Drainage Act of
Ontario.
CARRIED
CORPORATE SERVICES AND ECONOMIC DEVELOPMENT COMMITTEE REPORT 38
1. VILLA MARCONI LONG TERM
CARE CENTRE - LEASE RENEWAL FISHER HEIGHTS DAYCARE/RECREATION SPACE 1026
BASELINE ROAD, Ottawa |
That Council approve the Lease Renewal with the Villa Marconi Long
Term Care Centre for the Fisher Heights Day Care Facility and recreation space
at 1026 Baseline Road, Ottawa, containing 8,262 ft2, for a five (5)
year term from 1 August 2009 to 31 July 2014 for the total consideration of $578,340 plus GST.
CARRIED
2. sALE OF LAND BEhind 1063
BANK STREEt |
That Council:
1.
Declare a parcel of vacant land
containing an area of 123.49 m2, subject to final survey, described as part of Lot K, Concession C
(Rideau Front) geographic Township of Nepean now City of Ottawa, shown as
Parcel “B” on the attached Annex “A”, as surplus to the City’s needs; and
CARRIED
3. PROPERTY
ACQUISITION - LIMEBANK ROAD WIDENING – RIVERSIDE SOUTH DEVELOPMENT
CORPORATION AND URBANDALE CORPORATION – LEITRIM ROAD TO SPRATT ROAD |
That Council approve the acquisition of vacant parcels of land required for the widening of Limebank Road, together with
the acquisition of permanent easements consisting of the following real
property:
CARRIED with Councillors C. Doucet, M.
Wilkinson and J. Legendre dissenting.
4. PROPERTY
ACQUISITION - URBAN NATURAL FEATURE UNA #22 – BRIDLEWOOD CORE PARK –
URBANDALE CORPORATION |
That Council approve the acquisition of a vacant parcel of land
owned by Urbandale Corporation and comprising the Urban Natural Feature UNA #22
consisting of land located on Stonehaven Drive described as Part Lots 30 and 31
and Part of the Road Allowance (as closed) Concession 6 (Rideau Front),
Geographic Township of Nepean, formerly City of Kanata, now City of Ottawa,
being further described as PIN 04470-0504 and shown on Annex “A”, attached, for
the consideration of $4,200,000 plus GST, made pursuant to Section 30 of the Expropriations
Act, as amended.
CARRIED with Mayor O’Brien dissenting.
5. PROPERTY
ACQUISITION - URBAN NATURAL FEATURE UNA #97 - NAVAN ROAD AND PAGE ROAD -
RICHCRAFT HOMES LTD.. AND MINTO COMMUNITIES INC. |
CARRIED with Mayor O’Brien dissenting.
6. 2008 STATEMENT OF REMUNERATION, BENEFITS & EXPENSES PAID TO
MEMBERS OF COUNCIL AND COUNCIL APPOINTEE s |
COMMITTEE
RECOMMENDATION
That Council
receive this report for information.
RECEIVED
7. CApital Funding Support for Ottawa hospitals – REVIEW OF policy of
reimbursing building and planning fees |
2.
That a group be formed,
comprised of City staff, Provincial and City elected officials and hospital
officials, to examine and propose other options to assist the hospitals towards
their on-going capital needs and to report the results back to the Corporate
Services and Economic Development Committee by the end of the third quarter.
CARRIED
8. eSSENTIAL SERVICEs – OC TRANSPO |
That Council receive this report for information.
RECEIVED
PLANNING AND ENVIRONMENT COMMITTEE REPORT 46
1. ZONING - 1420
AND 1424 CARLING AVENUE |
Committee recommendation
(This application is subject to Bill 51)
That Council approve an amendment to Zoning By-law
2008-250 to change the zoning of 1420 and 1424 Carling Avenue from Arterial
Mainstreet (AM H(20)) and Residential Fourth Density Subzone N (R4N) to a new
Arterial Mainstreet (AM H(34)) zone to change the interior side yard setback
and to permit a mixed-use development as shown in Document 1 and detailed in
Document 2.
CARRIED
2. SIGN MINOR
VARIANCE – 3045 BASELINE ROAD |
Committee recommendation
That Council
approve variances to Sign By-law 2005-439, to allow two proposed illuminated
identification entrance ground signs larger than permitted, to legalize the
existing signage of two oversized information signs and an illuminated logo
sign, as detailed in Document 1, for the hospital at 3045 Baseline Road.
CARRIED
3. 2009
DEVELOPMENT CHARGES BY-LAW REVIEW: POLICY FRAMEWORK |
Committee recommendations as
amended
That Council approve the policy framework
underlying the update of the Development Charges Background Study as detailed
in this report.
1. That Development Charge By-law be used to recover the full
costs of eligible infrastructure;
2. That the costs continue to be allocated on a city-wide and
area specific basis per Document 1 of this report;
3. That the distribution of arterial and collector road
servicing costs be allocated based on Vehicle Kilometres Travelled (VKT);
4. That the annual indexing of the
various DC rates be adjusted to correspond to the date of the new Development
Charge By-law adoption in 2009;
5. That the transition period for
applying the new DC rates to building permits, that have been filed with the
City prior to passage of the new by-law, be extended to December 31, 2009;
6. That going forward with the new
Development Charges By-law, a cash-flow analysis be undertaken to determine the
residential and non-residential charges;
7. That the repayment of front-ended
projects be based on the schedule of timing identified in the cash-flow
analysis;
8. That redevelopment credits expire five
years after the issuance of a demolition permit.
CARRIED
PLANNING AND ENVIRONMENT COMMITTEE REPORT 47
1.
NEEDS ASSESSMENT AND LOCATION ANALYSIS FOR
MULTI-PURPOSE SPORT AND ENTERTAINMENT FACILITIES
Committee
recommendations as amended
That Council:
1. Receive
the Needs Analysis for Multi-Purpose Sports and Entertainment Facilities
study for information;
2. Direct
staff to consider the factors identified in the Needs Analysis for
Multi-Purpose Sports and Entertainment Facilities study as base criteria
with respect to needs and location in their evaluation of the two unsolicited
proposals; and
3. Approve
the evaluation process outlined in this staff report for the receipt and
assessment of the unsolicited stadium proposals submitted by the Ottawa Sports
and Entertainment Group (OSEG) and the Senators Sports and Entertainment
(SSE).
4. Approve
that the Opportunity Assessment Framework be
amended by removing the 10 points for presentation and adding 10 points to Risk
to the City so that the section totals 35 points.
5. Aprove the assessment process
include criteria that considers potential negative impact on established
community and business activities such as the Billings Bridge Shopping Centre,
the Glebe BIA, the Ottawa Farmer’s Market, exhibition space, City heritage
values and the use of the Rideau Canal as a recreation area.
6. Direct staff re-examine the real needs for
multi-use trade show space, and amend the requirements if necessary.
CARRIED with Councillors C. Doucet, C. Leadman
and J. Legendre dissenting on Recommendations 3 and 4.
2. STADIUM OPPORTUNITY ASSESSMENT PROCESS
Committee recommendations as
amended
That Council:
1.
Receive this report as supplemental information to the PEC Report ACS2009-ICS-CCS-0013 which was tabled at the February 24,
2009 PEC meeting;
2.
Approve the Stadium Opportunity Assessment Framework and evaluation
criteria as identified in this staff report; and
3. Direct staff to complete an evaluation
of the unsolicited stadium proposals using the evaluation criteria and report
back with its recommendations on March 25, 2009.
4. Approve
that the special joint meeting of Planning and Environment Committee and
Corporate Services and Economic Development Committee take place on 6 April
2009.
Moved by Councillor J. Harder
Seconded by Councillor C. Doucet
That Recommendation 3
be replaced with the following:
That staff be
directed to complete an evaluation of the unsolicited stadium proposals using
the evaluation criteria and report back with its recommendations to the joint
Planning and Environment Committee and Corporate Services and Economic
Development meeting on April 6th with public delegations to be
received at a joint meeting of Planning and Environment Committee and Corporate
Services and Economic Development Committee on, Monday April 20, 2009 with the
report forwarded to Council on April 22, 2009.
CARRIED
Item 2 of Planning and Environment Committee
Report 47 was then put to Council and CARRIED as amended by Motion No. 62/2.
Motion To Resolve In Camera
Moved by Councillor
M. Bellemare
Seconded by
Councillor D. Thompson
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:
a) application of the
Work-Rest rules; and
b) matters related to Phase 3 of the
Corporate Re-alignment.
BE IT FURTHER
RESOLVED that Council resolve In Camera pursuant to Subsection 13. (1)
(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; or of Procedure
By-law 2006-462 with respect to the matters noted above.
CARRIED
with Councillor G. Hunter dissenting.
Council resolved In Camera at 11:47 a.m.
IN CAMERA SESSION
Council resumed in open session at 2:05 p.m.
3. Results of the Planning and Environment
Committee Strategic Planning Session - Strategic Priorities for 2009-2010
Committee recommendation
That Council approve the Strategic
Priorities of the Planning and Environment Committee for the remainder of their
term, as identified in Document 3.
CARRIED
4. OFFICIAL PLAN AMENDMENT - PARKLAND
DEDICATION POLICIES
AGRICULTURE AND RURAL AFFAIRS
COMMITTEE AND PLANNING AND ENVIRONMENT Committee recommendation
(This
matter is subject to Bill 51)
That
Council approve an amendment to the Official Plan regarding parkland dedication
as detailed in Document 1.
CARRIED with Councillor G. Brooks dissenting.
5. OFFICIAL PLAN AND ZONING - 40
BARNSTONE DRIVE
Committee recommendations
(This application is subject to Bill
51)
That Council:
1. Approve
and adopt an amendment to the Official Plan, Volume 2A, South Nepean Areas 4, 5
and 6, to redesignate 40 Barnstone Drive from Business Park to Mixed Density
Residential, as detailed in Document 2.
2. Approve
an amendment to the Zoning By-law 2008-250, to change the zoning of 40
Barnstone Drive from Development Reserve Zone (DR) to Residential Fifth Density
Zone, “A” Subzone, with an Exception (R5A[XX]), and to delete the “Heritage
Overlay”, as shown on Document 1 and as detailed in Document 3.
CARRIED
6. ZONING - PART
OF 909 WHITE ALDER AVENUE |
Committee recommendation
(This
application is subject to Bill 51)
That Council approve an amendment to Zoning By-law
2008-250 to change the zoning of a portion of 909 White Alder Avenue from
R5A[1492] H(18) Residential Fifth Density Exception Zone to GM12[xxxx] F(0.5)
H(11) General Mixed-Use Exception Zone, as shown on Document 1 and detailed in
Document 2.
CARRIED
7. ZONING - PARTS OF 2299, 2367, 2413, 2553 AND 2605 TENTH LINE
ROAD AND PART OF THE FORMER ROAD ALLOWANCE BETWEEN LOTS 3 AND 4, CONCESSION 10
(This application is subject to Bill 51)
That
Council approve an amendment to Zoning By-law 2008-250 to change the zoning of
Parts of 2299, 2367, 2413, 2553 and 2605 Tenth Line Road and Part of the former
road allowance between Lots 3 and 4, Concession 10 from DR Development Reserve
to R1V[XXXX] Residential First Density Exception and R3Z[XXXY] Residential
Third Density Exception as shown in Document 1 and as detailed in Document 2.
CARRIED
8. ZONING - 8865 NORTH SERVICE ROAD
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 8865 North Service Road from Business
Park Industrial IP10 [298] F(1.0) H(20) to Major Institutional I2 [XXX] and
Parks and Open Space O1 [XXY] as shown in Document 1 and as detailed in
Document 2.
CARRIED
9. COMPREHENSIVE ZONING BY-LAW
2008-250: APPEALS TO THE ONTARIO MUNICIPAL BOARD (SECOND REPORT)
Committee recommendation
That
Council approve the amendments recommended in Column 4 of Document 1, to
resolve certain appeals to By law 2008-250, and forward a by-law incorporating
the required amendments to the Ontario Municipal Board.
CARRIED
10. Ontario
Municipal Board Appeal - 160 Hearst way
Committee recommendation as
amended
(This
matter is subject to Bill 51)
That Council endorse the Official Plan and Zoning Provisions set
forth in Documents 2 and 3 as they apply to 160 Hearst Way.
CARRIED with Councillors M. Wilkinson and P.
Feltmate dissenting.
TRANSIT COMMITTEE REPORT 24
1. REVIEW OF BUS FLEET
MAINTENANCE STANDARDS AND PROCESSES |
That Council:
1. Redirect $4.0 million in available capital funds from
existing project 900292 Bus Equipment Replacement to a new project to initiate
the necessary changes to improve fleet availability towards a target of 90 per
cent;
2. Delegate authority to the General Manager, Transit Services
to negotiate, approve and sign a management support contract to restructure
operational practices of bus maintenance and report to Transit Committee on bus
availability and specific progress on the investment project as part of the
annual planning cycle; and,
3. Direct
Financial Services staff to work with Transit Services staff to establish a
specific policy within the limits of the Purchasing By-law related to the
procurement of bus vehicles that mandates supplier targets for availability,
maintainability, reliability, and safety.
CARRIED
TRANSIT COMMITTEE REPORT 25
1. revised
2009 transit services operating budget |
That
Council approve:
1. The
adjustments to the revenues and expenditures for the Transit Operating Budget
as detailed in this report including the following specific changes to the
mitigation and incentive programs for a net zero impact on the taxpayer:
a. Defer
implementing the 7.5 % fare increase planned to commence in April 2009 until July 2009;
b. Approve
an additional mitigation measure of $31,000 for free tickets (equivalent to one
month) for distribution by community resource centres to improve the assistance
to those most affected by the strike;
c. Proceeding
with the pilot U-pass as originally proposed at a semester cost of $125.
2. Fund
the operating pressures identified in this report by applying the savings from
the reductions in Pay As You Go contributions achieved through reductions in
the Transit Capital Budget as follows:
a. Reduce
the planned procurement of 2009-2010 growth buses by 25 units as contained in
the 2009 Draft Capital Budget, reference page 10, for a net savings of $16.3M;
b. The reduction of previously approved
capital authority for account number 900874, Bus Additions, for a net
contribution of $6.4M.
Mayor O’Brien ruled
that Recommendation 1.c) of Item 1, Transit Committee Report 25 required waiver
of the Rules of Procedure, as Council had considered the matter previously and
there was no new information. Councillor A. Cullen
challenged the Mayor’s ruling. Mayor O’Brien
was sustained on a division of 13 YEAS to 7 NAYS as follows:
Yeas (13): Councillors
B. Monette, P. Hume, R. Bloess, E. El-Chantiry, D. Thompson, P. Feltmate, S. Desroches, G. Bédard, R.
Jellett, M. McRae, G. Hunter, S. Qadri and Mayor O’Brien.
Nays (7): Councillors
C. Doucet, M. Wilkinson, C. Leadman, D. Holmes, M. Bellemare, J. Legendre and A. Cullen.
Moved by Councillor A. Cullen
Seconded by Councillor M. Wilkinson
That the Rules of
Procedure be waived to consider Recommendation 1.c) of Item 1, Transit
Committee Report 25.
Waiver of the Rules of Procedure LOST (16 votes
required) on a division of 11 YEAS to 10 NAYS as follows:
Yeas (11): Councillors
C. Doucet, M. Wilkinson, C. Leadman, P. Hume, D. Holmes, R. Bloess, M. Bellemare, J.
Legendre, G. Bédard, M. McRae and A. Cullen.
Nays (10): Councillors
B. Monette, E. El-Chantiry, J. Harder, D. Thompson, P. Feltmate, S. Desroches, R. Jellett, G. Hunter, S. Qadri and Mayor O’Brien.
Moved by Councillor A. Cullen
Seconded by Councillor M. Wilkinson
WHEREAS Council had previously approved a fare
increase of 7.5% for April 1, 2009;
AND WHEREAS to rebuild ridership Council wishes
to defer the introduction of a fare increase for tickets to July 1, 2009;
AND WHEREAS this proposal will have a cost of
$1.1M in lost revenue for Transit Services in 2009;
AND WHEREAS Council has directed that this
proposal not have an impact on the 2009 transit tax levy or require a tax
increase of any kind;
AND WHEREAS as a result of the transit strike the
capacity to undertake bus refurbishments in 2009 has been limited;
THEREFORE BE IT RESOLVED THAT the $1.1M
shortfall to fund the ticket fare increase be funded through the deferral of
$1.1M of the 2009 Bus Refurbishment Program (Capital Account 905200) to the
2010 Capital budget.
CARRIED on a division of 11 YEAS to 10 NAYS as
follows:
Yeas (11): Councillors C. Doucet, M. Wilkinson, B.
Monette, C. Leadman, D. Holmes, M.
Bellemare, J. Legendre, G. Bédard, R. Jellett, M. McRae and A. Cullen.
Nays (10): Councillors
P. Hume, R. Bloess, E. El-Chantiry, J. Harder, D. Thompson, P. Feltmate,
S. Desroches, G. Hunter, S. Qadri and Mayor O’Brien.
Item 1, Transit Committee Report 25 was put to Council
and CARRIED as amended by Motion No. 62/5 and with Councillors B. Monette, E.
El-Chantiry, J. Harder and Mayor O’Brien dissenting on Recommendations 1b and
2b.
2. 2009 Transit
Capital Budget and 9-year Forecast |
That Council approve, as amended by the
revised 2009 Transit Operating Budget, the Draft 2009 Transit Capital
Budget and 9 Year Forecast.
CARRIED
3. ENHANCING EMPLOYER/EMPLOYEE RELATIONSHIP WITH AMALGAMATED TRANSIT
UNION |
That
Council direct the Deputy City Manager, Infrastructure Services and Community
Sustainability, to acquire the necessary resources to work collaboratively with
OC Transpo and the ATU to meet the Collective Agreement objectives set out in
Section (2)2 and to report back to the Transit Committee and Council before the
end of Q4 of this year.
Moved by Councillor D. Holmes
Seconded by Councillor J. Legendre
That the
motion be amended to say that “necessary resources” be changed to “full time
labour relations specialist” and that “ATU” be changed to “all bargaining
units”.
CARRIED with Councillors E. El-Chantiry and
Mayor O’Brien dissenting.
Item 3, Transit Committee Report 25 was put to
Council and CARRIED as amended by Motion No. 62/6 with Councillor B. Monette
and Mayor O’Brien dissenting.
4. oNTARIO BUS REPLACEMENT
PROGRAM (OBRP) |
That Council:
1. Authorize
the Mayor and City Treasurer to sign a Letter of Agreement with the Province as
part of the application to receive funding under the Ontario Bus Replacement
Program (OBRP); and
2. Approve
the by-law authorizing the signing of the Letter of Agreement as set out in
Document 2.
CARRIED
TRANSPORTATION COMMITTEE REPORT 27
1. CONROY Public Works Facility |
That Council approve:
1. The increase of the capital authority for Heatherington Building Replacement (Conroy Development Plan) from $4.64 M to $11.64 M to allow for the construction of a Public Works facility at 3100 Conroy Road that will replace the existing facility at 1770 Heatherington Road;
2. The transfer of $7.0 M of tax supported
debenture financing from Capital Project Maple Grove Facility Works Operation
to Capital Project Heatherington Building Replacement (Conroy Development
Plan); and
3. Receive the staff
memo dated 3 March 2009 attached to this report.
CARRIED
2. graffiti removal -
service delivery review |
That Council approve the changes to the
Graffiti Service Delivery model as outlined in this report to achieve annual
savings of $60,000, by:
a) Increasing the number of City graffiti crews from 1 to 2 and
Creating 2.58 new full time FTEs.
b) Transferring $240,000 from the Graffiti Program purchased services budget to internal services as outlined in the report.
Moved by Councillor
M. McRae
Seconded by
Councillor C. Leadman
BE IT
RESOLVED THAT the following comments be recorded in the Minutes:
On behalf of
Council, Councillor McRae thanked John Manconi, General Manager, Public Works
and his staff, and most importantly, Brian Madden, CUPE 503 and his team, for
the incredible job they have done in implementing the graffiti removal
program.
CARRIED
Item 2, Transportation Committee Report 27 was then put to Council and CARRIED.
Motion to Adopt Reports
Moved by Councillor D. Deans
Seconded by Councillor M. Bellemare
That
Agriculture and Rural Affairs Committee Report 37, Corporate Services and
Economic Development Committee Report 38, Planning and Environment Committee
Reports 46 and 47, Transit Committee Reports 24 and 25 and Transportation
Committee Report 27 be received and adopted as amended.
CARRIED
Motions of Which Notice has
Been Given Previously
Moved by Councillor A. Cullen
Seconded by Councillor R. Bloess
WHEREAS from December 10, 2008 to
January 31, 2009 the City of Ottawa experienced a strike by ATU 279,
representing OC Transpo bus drivers and mechanics; and,
WHEREAS OC Transpo acquired both
direct cost savings and revenue losses from this strike, as well as other costs
associated with this strike being charged to the OC Transpo budget (including
Council-approved mitigation measures and resumption of service fare incentives,
among others); and,
WHEREAS there have been a number of
estimates presented to City Council and published in the media regarding the
cost and purported "savings" from this strike; and
WHEREAS the Auditor General has
indicated that that he is able to conduct an audit within his existing
resources;
THEREFORE BE IT RESOLVED THAT City
Council request the City Auditor General to conduct an audit of the costs to OC
Transpo and the City of Ottawa as a result of this strike;
AND FURTHER the Auditor General be
directed to report back to Council with an indication of the timelines and the
impact undertaking this audit would have on the current workplan;
AND THAT such an audit be reported to
Transit Committee and City Council and include the direct costs (including
revenue losses) and savings of the strike to OC Transpo for both the 2008 and
2009 budgets (including the Council-approved mitigation measures and resumption
of service fare incentives) as well as the other costs to the City of Ottawa
associated with the strike for both the 2008 and 2009 budgets.
CARRIED
Direction to Staff
That
the Auditor General be directed to look at using the City’s external Auditor,
Ernst and Young as a cost effective way of carrying out this audit. Should the Auditor General choose not to use
Ernst and Young, that he report back to Council as to the reasons why.
Moved by Councillor A. Cullen
Seconded by Councillor J. Legendre
WHEREAS the
Free Thought Association of Canada is running an advertisement campaign on
public transit buses that states “There’s Probably No God. Now Stop Worrying
And Enjoy Your Life”;
WHEREAS these
ads are running on buses in Toronto, London and Calgary, but have been rejected
by OC Transpo based on their interpretation of their policy that this message
“might be deemed prejudicial to other religious groups or offensive to users of
the transit system”;
WHEREAS the Canadian
Charter of Rights and Freedoms states:
“2. Everyone has the following fundamental freedoms:
(a) freedom of conscience
and religion;
(b) freedom of thought,
belief, opinion and expression, including freedom of the press and other media
of communication;”
WHEREAS these
fundamental freedoms can be “subject only to such reasonable limits prescribed
by law as can be demonstrably justified in a free and democratic society”
(Section 1 of the Canadian Charter of Rights and Freedoms);
WHEREAS the
British Columbia Court of Appeal, in interpreting the application of the Canadian
Charter of Rights and Freedoms, has ruled that a public transit company,
city or municipality cannot impose a blanket ban on religious (or political)
advertising (Canadian Federation of Students vs. Greater Vancouver
Transportation Authority);
WHEREAS the
Supreme Court of Canada, in interpreting the application of the Canadian
Charter of Rights and Freedoms, has stated that no individual has a right
not to be offended, in particular: “The key is that people will disagree about
important issues, and such disagreement, where it does not imperil community
living, must be capable of being accommodated at the core of a modern
pluralism. People are free to disagree with our beliefs as they wish.” (Chamberlain
vs. Surrey School District No. 36);
WHEREAS the
Supreme Court of Canada has stated: “The essence of the concept of the freedom
of religion is: the right to declare religious beliefs openly and without fear
of hindrance or reprisal; and the right to manifest religious belief by worship
and practice or by teaching and dissemination.” (R. vs. Big M Drug Mart Ltd.);
WHEREAS the Canadian
Code of Advertising Standards, in Section 14 - Unacceptable Depictions and
Portrayals, states: “It is recognized that advertisements may be distasteful
without necessarily conflicting with the provisions of this Clause (14); and
the fact that a particular product or service may be offensive to some people
is not sufficient grounds for objecting to an advertisement for that product or
service.”
THEREFORE BE
IT RESOLVED that OC Transpo be directed to accept the ads proposed by the Free
Thought Association of Canada (subject to the usual charges).
Moved by Councillor M. Wilkinson
Seconded by Councillor E. El-Chantiry
That the resolved clause be replaced by the following:
“That
staff bring back a revised policy on “Advertising Standards for OC Transpo
Contract” that ensures that the policy conforms to the Canadian Charter of
Rights and Freedoms.”
Moved by Councillor A. Cullen
Seconded by Councillor J. Legendre
That
Motion No. 62/11 be amended by deleting “That the resolved clause be replaced
by the following” and be replaced by “That the following be added:”
CARRIED on a division of 13 YEAS to 7 NAYS as follows:
Yeas (13): Councillors C. Doucet, C. Leadman, P. Hume. D. Holmes, J. Harder, M. Bellemare, P. Feltmate, S. Desroches, J. Legendre, G. Bédard, R. Jellett, A. Cullen and S. Qadri.
Nays (7): Councillors
M. Wilkinson, B. Monette, R. Bloess, E. El-Chantiry, D. Thompson, G. Hunter and Mayor O’Brien.
Motion No. 62/11 was then put to Council and CARRIED as amended by Motion No. 62/12.
Motion No. 62/10 was then put to Council and CARRIED as amended by Motion No. 62/11, as amended by Motion No. 62/12, on a division of 13 YEAS to 7 NAYS as follows:
Yeas (13): Councillors C. Doucet, C. Leadman, P. Hume, D. Holmes, J. Harder, M. Bellemare, P. Feltmate, S. Desroches, J. Legendre, G. Bédard, G. Hunter, A. Cullen and S. Qadri.
Nays (7): Councillors M. Wilkinson, B. Monette, R. Bloess, E. El-Chantiry, D. Thompson, R. Jellett and Mayor O’Brien.
In relation to Motion No. 62/10, the following Motion was also approved.
Moved by Councillor D. Holmes
Seconded by Councillor A. Cullen
BE
IT RESOLVED that Council directs the City Clerk and Solicitor to waive its
solicitor-client privilege and make public his memorandum dated 10 March 2009
to the Mayor and Members of Council regarding the “Application for
Advertisement on Buses”.
CARRIED
Motions (Requiring
Suspension of the Rules of Procedure)
Moved by Councillor M. Bellemare
Seconded by Councillor D. Thompson
That the Rules of Procedure be waived to
consider the following:
WHEREAS it is important that the Mayor or
Deputy Mayor be available at all times to sign legal documents and address
other administrative matters in a timely fashion;
AND WHEREAS the upcoming March Break
poses a scheduling challenge in ensuring that the Mayor and Deputy Mayor are
not absent at the same time;
AND WHEREAS Councillor Rainer Bloess has
indicated that he will be in Ottawa and available for the remainder of the
month of March;
THEREFORE BE IT RESOLVED THAT, pursuant
to Section 242 of the Municipal Act, 2001, Councillor Rainer Bloess be
delegated the authority of the Acting Deputy Mayor during the period of March
14 – March 31, 2009 in the event that both the Mayor and Deputy Mayor are
absent.
CARRIED
Motion To Resolve In Camera
Moved by Councillor
M. Bellemare
Seconded by
Councillor D. Thompson
BE IT
RESOLVED that the Rules of Procedure be waived to permit the receipt of a
briefing from the City Clerk and Solicitor and external legal counsel with
respect to issues relating to Light Rail Transit litigation involving Siemens
and St. Lawrence Cement;
BE IT FURTHER
RESOLVED that Council resolve In Camera pursuant to Subsections 13. (1)
(a) the security of the property of the City; (b) personal matters about an identifiable individual, including staff; (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 matters related to Light Rail Transit
litigation involving Siemens and St. Lawrence Cement
CARRIED
Council resolved In Camera at 4:50 p.m.
IN CAMERA SESSION
Council resumed in open session at 5:35 p.m.
By-laws First
and Second Readings
A by-law of the City of Ottawa to provide for
the relocation, partial abandonment and the future maintenance of drainage
works in the City of Ottawa - McEvoy Branch of the Shields Municipal Drain.
Moved by Councillor M. Bellemare
Seconded by Councillor D. Thompson
That the following
by-laws be enacted and passed:
Three Readings
2009-74
A by-law of the
City of Ottawa to amend By-law No. 2003 - 446 respecting fees for
encroachments.
2009-75
A by-law of the
City of Ottawa to amend By-law No. 2003 - 497 respecting permit fees for
over-dimensional vehicles.
2009-76
A by-law of the
City of Ottawa to amend By-law No. 2003 - 447 respecting fees for private
approaches.
2009-77
A by-law of the
City of Ottawa to amend By-law No. 2003-445 with respect to road cut fees.
2009-78
A by-law of the
City of Ottawa to amend By-law No. 2003-520 respecting the fees for certain
signs and advertising devices on City roads.
2009-79
A by-law of the
City of Ottawa to authorize the entering into of an agreement with the Province
of Ontario relating to funding provided by the Province of Ontario to the City
under the Ontario Bus Replacement Program.
2009-80 A by-law of the City of Ottawa to provide for a municipal housing project facility on the lands that are municipally known as 372-380 Blake Boulevard.
2009-81 A by-law of the City of Ottawa to establish certain lands as common and public highway and assume them for public use (Walkley Road).
2009-82 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 2880 Barlow Crescent.
2009-83
A by-law of the City of Ottawa to amend the Official Plan for the City of Ottawa to implement policies
dealing with the provision of lands for park or other public recreational
purposes and the use of the alternative requirement as set out in the Planning
Act.
2009-84
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 part of the property historically
known municipally as 2299 Tenth Line Road, now known as 2367 Tenth Line Road;
part of the properties historically known municipally as 2413 and 2553 Tenth
Line Road, now known as 2599 Tenth Line Road, part of 2605 Tenth Line Road; and
part of the former road allowance between Lots 3 and 4, Concession 10, in the
former City of Cumberland.
2009-85
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
8865 North Service Road.
2009-86
A by-law of the City of Ottawa to amend the Official Plan for the City of Ottawa to change the
designation set out in the South Nepean Secondary Plan for Areas 4, 5 and 6 for
the property known municipally as 40 Barnstone Drive.
2009-87
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 40 Barnstone Drive.
2009-88 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 1420 and 1424 Carling Avenue.
2009-89
A
by-law of the City of Ottawa to amend By-law No. 2002-521 to add the names of
certain private roadways.
2009-90
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.
2009-91
A by-law of the City of
Ottawa to designate certain lands on 107 Hornchurch Lane, as being exempt from
Part Lot Control;
2009-92
A by-law of the City of
Ottawa to designate certain lands on 549 Dalewood Crescent and 1876 Stittsville
Main Street, as being exempt from Part Lot Control;
2009-93
A by-law of the City of
Ottawa to designate certain lands on 1837 Stonehenge Crescent, as being exempt
from Part Lot Control;
2009-94
A by-law of the City of Ottawa to designate certain lands at 184, 202,
226, 230, 238, 242, 246, 248 and 250 Calaveras Avenue and at 169, 171, 175
Hornchurch Lane, as being exempt from Part Lot Control.
2009-95 A by-law of the City of Ottawa for the conveyance of land or the payment of money in-lieu of land for parks and public recreational purposes.
2009-96 A by-law of the City of Ottawa to amend By-law No. 2008-483 respecting fees for the payment of money in-lieu of conveyance of parkland for rural severances.
2009-97
A by-law of the City of Ottawa to
amend By-law No. 2008-250 of the City of Ottawa to change the zoning for the
property known municipally as part of 2485 Carp Road
2009-98
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 part of the property known municipally as 909 White Alder Avenue.
CARRIED
Confirmation
By-law
Moved by Councillor M. Bellemare
Seconded by Councillor D. Thompson
THAT By-law 2009-99 to confirm the proceedings of Council be enacted and
passed.
CARRIED
Inquiries
From
Councillor R. Bloess with respect to the status of the new fare boxes.
Adjournment
Council
adjourned the meeting at 5: 40 p.m.
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CITY CLERK |
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MAYOR |