OTTAWA CITY COUNCIL

11 march 2009

ANDRW S. HAYDON HALL

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

 

MOTION NO. 62/1

 

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

 

 

COMMITTEE RECOMMENDATION

 

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

 

 

COMMITTEE RECOMMENDATIONS

 

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

 

2.         Approve the sale of the land outlined in Recommendation 1, subject to any easements that may be required, to Cal Barber Investments Limited for $29,000.00 plus GST, together with associated costs, pursuant to an Agreement of Purchase and Sale that has been received.

 

                                                                                                            CARRIED

 

 


 


 

3.             PROPERTY ACQUISITION - LIMEBANK ROAD WIDENING – RIVERSIDE SOUTH DEVELOPMENT CORPORATION AND URBANDALE CORPORATION – LEITRIM ROAD TO SPRATT ROAD

 

 

COMMITTEE RECOMMENDATIONS

 

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:

 

1.                  Approximately 1.26ha (3.13 acres) owned by the Riverside South Development Corporation, referred to as part of PIN 04055-0450 and described as being Part of Lot 15, Concession 2 (Rideau Front), Geographic Township of Gloucester, now in the City of Ottawa, designated Part 4 on Plan 4R-23239, which is shown as Parcel 1 on the attached Annex “A”, as well as an Easement Interest to benefit Hydro Ottawa for the installation of a pole guy-wire anchor, all for the consideration of $332,616 plus GST, subject to final adjustment on closing;

 

2.                  Approximately 1.77ha (4.38 acres) owned by the Riverside South Development Corporation, referred to as part of PIN 04331-1679 and described as being Part of Lots 16, 17 and 18, Concession 1 (Rideau Front) and Part of Block 443 Registered Plan 4M-1144, Geographic Township of Gloucester, now in the City of Ottawa, designated Parts 1, 2, 4, 5, 7, 10, 11, 12, 13, 14 and 15 on Plan 4R-23271 which are shown as Parcels 1, 2 and 3 on Annex “B” attached hereto, as well as an Easement Interest of approximately 0.10ha (0.25 acres) in Part of Lot 16, Concession 1 (Rideau Front), Geographic Township of Gloucester, now in the City of Ottawa, designated Part 3 on Plan 4R-23271, which is shown as Parcel 4 on attached Annex “B”, and Easement Interests to benefit Hydro Ottawa for the installation of three pole guy-wire anchors, all for the total consideration of $541,471 plus GST, subject to final adjustments on closing; and

 


3.                  Approximately 0.60ha (1.50 acres) owned by Urbandale Corporation, referred to as part of PIN 04331-3379 and described as being Part of Lots 18 and 19, Concession 1 (Rideau Front) and Part of Block 444 Registered Plan 4M-1144, Geographic Township of Gloucester, now in the City of Ottawa, designated Parts 1, 2, 3, 4 and 5 on Plan 4R-23258, which is shown as Parcel 1 on the attached Annex  “C”, as well as an Easement Interest to benefit Hydro Ottawa for the installation of a pole guy-wire anchor, all for the consideration of $437,035 plus GST, subject to final adjustments on closing.

 

CARRIED with Councillors C. Doucet, M. Wilkinson and J. Legendre dissenting.

 

 

 

4.             PROPERTY ACQUISITION - URBAN NATURAL FEATURE UNA #22 – BRIDLEWOOD CORE PARK – URBANDALE CORPORATION

 

 

COMMITTEE RECOMMENDATION

 

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.

 

 

COMMITTEE RECOMMENDATIONS

 

That Council approve the acquisition of vacant parcels of land comprising part of the Urban Natural Feature UNA # 97 consisting of the following real property:

 

1.                  Approximately 4.094ha (10.116 acres) owned by Richcraft Homes Ltd., referred to as part of PIN 04404-0197 and PIN 04404-0525 described as being Part of Lot 4, Concession 3 (Ottawa Front), Geographic Township of Gloucester, now in City of Ottawa, which is shown as Parcels 1, 2 and 3 on Annex “A” attached hereto, for the consideration of $2,961,327 plus GST subject to final adjustment on closing; and

 

2.                  Approximately 2.006ha (4.957 acres) owned by Minto Communities Inc., referred to as part of PIN 04404-0264 described as being Part of Lot 5, Concession 3 (Ottawa Front), Geographic Township of Gloucester, now in City of Ottawa, which is shown as the hatched area on Annex “B”, for the total consideration of $1,451,097 plus GST subject to final adjustments on closing.

 

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

 

 

COMMITTEE RECOMMENDATIONS AS AMENDED

 

1.                  That Council revise its policy of reimbursing building permit, planning application and cash-in-lieu of parkland fees paid to the City by hospitals for capital projects to include a sunset clause stating that in order to apply for the reimbursement, the building permit, planning application and cash-in-lieu of parkland fees must have been paid prior to March 31, 2009; and

 

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

 

 

COMMITTEE RECOMMENDATION

 

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.

 

 

MOTION NO. 62/2

 

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

 
MOTION NO. 62/3

 

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

 

IN COUNCIL

 

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

 

 

COMMITTEE RECOMMENDATIONS

 

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

 

 

COMMITTEE RECOMMENDATIONS AS AMENDED

 

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.

 

MOTION NO. 62/4

 

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.

 

 

MOTION NO. 62/5

 

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

 

 

COMMITTEE RECOMMENDATION AS AMENDED

 

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

 

 

COMMITTEE RECOMMENDATION AS AMENDED

 

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.

 

 

MOTION NO. 62/6

 

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)

 

 

COMMITTEE RECOMMENDATIONS

 

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

 

 

COMMITTEE RECOMMENDATIONS AS AMENDED

 

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

 

 

COMMITTEE RECOMMENDATIONS

 

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.

 

MOTION NO. 62/7

 

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

 
MOTION NO. 62/8

 

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

 

MOTION NO. 62/9

 

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.

 

 
MOTION NO. 62/10

 

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).

 

 

MOTION NO. 62/11

 

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.”

 


MOTION NO. 62/12

 

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.

 

MOTION NO. 62/13

 

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)

 

MOTION NO. 62/14

 

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

 
MOTION NO. 62/15

 

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

 

IN COUNCIL

 

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.

 

MOTION NO. 62/16

 

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

 

MOTION NO. 62/17

 

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.

 

 

 

 

 

 

 

 

CITY CLERK

 

MAYOR