OTTAWA CITY COUNCIL

22 April 2009

ANDREW S. HAYDON HALL

10:00 a.m.

AGENDA 65

 

 

 

1.       Prayer

 

 

2.                 National Anthem (Councillor G. Bédard)

 

 

3.       Announcements/Ceremonial Activities

 

·                    Recognition - Physical Activity Month

·                    Recognition - Administrative Professionals Day

 

 

4.       Roll Call

 

 

5.       Confirmation of Minutes

 

Confirmation of Minutes of the regular and In Camera meetings of 8 April 2009.

 

 

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

 

 

7.       Communications

 

·                    Association of Municipalities of Ontario (AMO) Alerts :

·                    AMO Position on Bill 150, Green Energy and Green Economy Act

·                    Budget confirms offsets for the cost of PST/GST harmonization and anticipated infrastructure stimulus investment

·                    Committee Hearings on the Green Energy Act

·                    Federal Rules Changed for Building Canada Fund Projects with Provincial Environmental Assessments until 2011

·                    Responses to Inquiries

·        CC-11-08 - Freiman Mall and Bridge to Waller Mall

·        CC-03-09 - Apparent Conflicts of Interest in Transportation EAs

·        CC-10-09 – Fare Boxes

·        CC-11-09 -Change of City Designator - City Amalgamation

 

 

8.       Regrets

 

No Regrets filed to date.

 

 

9.       City’s Meetings Investigator

 

    

1.         REPORT OF THE MEETINGS INVESTIGATOR REGARDING THE CLOSED MEETING OF COUNCIL ON JANUARY 28, 2009

 

 

REPORT RECOMMENDATION

 

That Council receive the attached report.

(Please note, the report of the Meetings Investigator will be tabled at Council)

 

10.     Postponements and Deferrals

 

CITY COUNCIL 12 NOVEMBER 2008

 

MOTION NO. 47/18

 

Moved by Councillor C. Doucet

Seconded by Councillor G. Bédard

 

WHEREAS Council initiated a $300,000 International Design Competition to determine the future of Lansdowne Park in November of 2007;

 

WHEREAS on May 16th, 2008, the competition was unexpectedly put on hold by City staff coincident with the need to reassess the condition of the stadium and concurrently review a business consortium proposal associated with a Canadian Football League (CFL) franchise; 

 

WHEREAS the consortium has now submitted their sole source unsolicited proposal by way of a public press release;

 

WHEREAS the public has made it clear in public consultations and in surveys that the future use and development of the park should be determined by an open public process known as “Design Lansdowne” and not depend on the accommodation of a CFL franchise.

 

WHEREAS further delays will damage the City’s reputation as an honest broker of a due process voted on by full council.

 

WHEREAS any further special consideration of an unsolicited, sole source proposal for the redevelopment of the park will open the City to legal challenges from other proponents that were developing proposals prior to the suspension of the Design Lansdowne process and assumed the redevelopment of the park would be subject to a transparent competitive, public process.

 

BE IT RESOLVED that the Design Lansdowne process be resumed immediately as Council voted for in November of 2007 and that all proposals be given equal consideration within the parameters of this process.

 

 

MOTION NO. 47/19

 

Moved by Councillor C. Doucet

Seconded by Councillor G. Bédard

 

WHEREAS the City Manager is undertaking a review of the Lansdowne Live proposal;

 

THEREFORE BE IT RESOLVED that Motion No. 47/18 be tabled and rise for consideration when the City Manager’s evaluation has been completed and is before Council for consideration.

                                                                                                            TABLING CARRIED

 

 

11.     Motion to Introduce Reports

(Councillors M. Bellemare and D. Thompson)

 

CITY CLERK AND SOLICITOR

 

 

1.                   STATUS UPDATE – COUNCIL INQUIRIES AND MOTIONS FOR THE PERIOD ENDING 8 APRIL 2009

 

 

REPORT RECOMMENDATION

 

That Council receive this report for information.

 

 

CITY TREASURER

 

 

 

1.             PROVINCIAL GAS TAX

 

 

REPORT RECOMMENDATIONS

 

 

That Council:

 

1.                  Authorize the Mayor and City Treasurer to sign an agreement with the Province relating to the City’s share of the provincial gas tax in accordance with the terms set out in Document 1; and

 

2.                  Approve the by-law authorizing the agreement as set out in Document 2.

 

 

LOCAL ARCHITECTURAL CONSERVATION ADVISORY COMMITTEE

 

 

1.                   DEMOLITION OF 464-474 BANK STREET, A PROPERTY DESIGNATED UNDER PART V OF THE ONTARIO HERITAGE ACT, WITHIN THE CENTRETOWN HERITAGE CONSERVATION DISTRICT

 

 

REPORT RECOMMENDATIONS

 

The Council approve:

1.         the demolition of 474 Bank Street, a property designated under Part V of the Ontario Heritage Act, within the Centretown Heritage Conservation District; and

2.         that the site be graded upon the removal of the building.

 

 

COMMITTEE REPORTS

 

AGRICULTURE AND RURAL AFFAIRS COMMITTEE REPORT 39

 

 

1.         LICENSING BY-LAW - RURAL REFRESHMENT VENDING - VEHICLES AND STANDS -

HARMONIZATION

 

 

COMMITTEE RECOMMENDATIONS

That Council:

 

.1.         .Approve amendments to the Licensing By-law 2002-189 as amended, to come into effect May 14, 2009 as detailed in Document 1, to:

(a)   provide for the necessary administrative amendment to include new definitions, license categories, fees and expiry dates, provisions that ensure a seamless transition, and provisions to repeal similar regulations currently in effect in former Osgoode, Cumberland, West Carleton and Rideau;

(b)   incorporate Schedule 28 relating to Rural Mobile Refreshment Vehicles and Stands; and

(c)    provide for the licensing and regulating of Rural Refreshment Vending Vehicle or Stands operating in the following Rural Wards: Cumberland Ward 19, Osgoode Ward 20, Rideau-Goulbourn Ward 21, West Carleton-March Ward 5.

 

2.         Approve minor amendments to Schedules, 22, 23, 24 and 25 of the Licensing By-law 2002-189 to:

(a)               include the requirement for licensees to adhere to the Fire Code under the Fire Protection and Prevention Act, 1997 (as amended);

(b)               modify the method for measuring distance from a mobile refreshment vehicle or cart to a food premises to allow measurement from the building/structure to avoid the need for reference to surveys;

(c)                amend the definition of mobile canteen to permit the sale of ice cream from mobile canteens, to permit the sale of ice cream products and other frozen products, and to permit their operation in residential areas;

(d)               to make minor administrative corrections with respect to numbering sequences and mis-spelled words;

 

3.       Repeal the relevant by-laws of former rural municipalities related to refreshment vending.

 

 

 

2.             LICENSING BY-LAW – RURAL ITINERANT SELLERS – HARMONIZATION

 

 

COMMITTEE RECOMMENDATIONS AS AMENDED

 

That Council:

 

1.                                            Approve amendments to the Licensing By-law No. 2002-189, as amended, to come into effect May 14, 2009, as detailed in Document 1, to:

(a)   provide for the licensing and regulating of Rural Itinerant Sellers operating in the following Rural Wards: Cumberland Ward 19, Osgoode Ward 20, Rideau — Goulbourn Ward 21, West Carleton- March Ward 5; and

(b)   provide for the necessary administrative amendments to include new definitions, license categories, fees and expiry dates, provisions that ensure a seamless transition, and provisions to repeal similar regulations currently in effect in former Osgoode and Cumberland; and

 

2.         Substitute the "farm produce" definition found in Document 1 with the following:

 

"farm produce" means fruits, vegetables, plants, roots, seeds, mushrooms, eggs, meats, poultry, game, honey and maple products, but does not include tobacco or tobacco products.

 

 

 

3.          COMPREHENSIVE ZONING BY-LAW 2008-250: APPEALS TO THE ONTARIO MUNICIPAL BOARD- CORKERY WOODS, WEST LAKE SOUTH, COUNTRY MEADOW, EMERALD CREEK AND PINERY COUNTRY LOT SUBDIVISIONS

 

 

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.

 

 

 

 

4.          MCEVOY BRANCH OF THE SHIELDS MUNICIPAL DRAIN COURT OF REVISION

 

 

COMMITTEE RECOMMENDATIONS

 

That Council:

 

1.         Approve the assessments as outlined in the Engineer's Report; and

 

2.         Give third reading to the McEvoy Branch of the Shields Municipal Drain By-law.

 

 

COMMUNITY AND PROTECTIVE SERVICES COMMITTEE REPORT 38A

 

 

1.         CHILD CARE FEE SUBSIDY STABILIZATION PLAN - PHASE 1 AND NEW FEE SUBSIDY MANAGEMENT POLICY

 

 

Committee RecommendationS AS AMENDED

 

That Council:

 

1.         Approve the adoption of a new policy framework to manage the fee subsidy purchase of service budget in the child care program and implement the new policy through an annual fee subsidy stabilization plan subject to annual budget approval and beginning in 2009 including the following elements:

a)         2009 Implement One-time Base Budget Adjustments of centre-based child care agencies that have at least 20% of their program enrolled with full fee parents to close the gap between subsidized per diem rates and full fee per diem rates by allocating $1 Million;

b)         2009 Allocate up to $900,000 to fund an adjustment of up to 2.25% to all centre-based child care purchase of service;

c)         2010 Implement annual indexed rate increases to fee subsidy rates determined in the fall of 2009 within the existing 2010 global fee subsidy budget (i.e., no additional 100% municipal funding) in accordance with the following:

i.          Any new provincial funding will be first used to fund the annual indexed rate increase;

ii.         If provincial funding is not sufficient to fully fund the annual rate increase then unused monies recovered as part of the annual retrieval process will be used;

iii.        Once the indexed rate is achieved, any surplus funds will be reinvested into the fee subsidy system; 

iv.        If the annual rate is still under funded, then a budget pressure be identified for the appropriate City budget in order to ensure no net reduction in the number of subsidized child care spaces in the City of Ottawa and that the 2008-2009 Child Care Service Plan update document be revised accordingly;

d)         2010 Implement a 4% increase to licensed home child care provider rates to complete the base budget adjustment; and

 

2.                  Receive for information the 2008-09 Child Care Service Plan update document attached as Document 1

 

 

CORPORATE SERVICES AND ECONOMIC DEVELOPMENT COMMITTEE REPORT 40A

 

 

1.             COUNCIL AUDIT WORKING GROUP - 2005 - 2008 AUDIT RECOMMENDATIONS - QUARTERLY ACTION STATUS REPORT

 

 

COMMITTEE RECOMMENDATIONS

 

That Council:

 

1.                  Receive for information the ongoing action status tracking report for the 2005, 2006, 2007 and 2008 audit recommendations as of December 31, 2008 as outlined in Documents 1 - 4; 

 

2.                  Approve the changes with respect to implementation for the following 2006 audit recommendations as outlined in Document 5, specifically:

 

a.                  Fire Services Audit recommendations no. 12, 15 and 19b); and

 

3.                  Approve the changes with respect to implementation for the following 2007 audit recommendations as outlined in Document 6, specifically:

 

a.                  3-1-1 Audit recommendations no. 7 and 10;

b.                  Labour Relations Audit recommendations no. 10, 11 and 18;

c.                   Staffing Relations Audit recommendations no. 6 and 8;

d.                  Food Safety Audit recommendations no. 2 and 10;

e.                  Pesticide Use Policy Audit recommendation no. 5; and

f.                    Parks and Recreation Branch Audit recommendations no. 6, 15, 17 and 21.

 

 

 

2.             PROPERTY ACQUISITION - PART OF BLOCK 1, 4M-154, GEOGRAPHIC TOWNSHIP OF GOULBOURN, CITY OF OTTAWA - IBER ROAD HAZELDEAN DEVELOPMENTS INC.

 

 

COMMITTEE RECOMMENDATION

 

That Council approve the acquisition of a 1.336 ha (3.3 ac.) parcel of vacant land required to support the development of the proposed Kanata West Fire Station from Iber Road Hazeldean Development Inc., referred to as part of PIN 04450-1279 and described as Part of Block 1, 4M-154, Geographic Township of Goulbourn, now the City of Ottawa, as shown hatched on Document 1, for the consideration of $1,039,500 subject to final survey and adjustments on closing.

 

 

 

3.             SALE OF LAND - KERRY HILL CRESCENT – BLOCKS 62 AND 63

 

 

COMMITTEE RECOMMENDATIONS

 

That Council:

 

1.      Declare a parcel of vacant land shown hatched on Document 1 attached, containing an area of approximately 3,219 m2, described as Blocks 62 and 63, Registered Plan 4M-768, City of Ottawa, 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 Bettina Welsch and Johannes Welsch for $12,000.00 plus GST, pursuant to an Agreement of Purchase and Sale that has been received.

 

 

 

4.             Sale OF LAND – CLOSED PORTION OF BRUNSWICK STREET ADJACENT TO 146 LEES AVENUE

 

 

COMMITTEE RECOMMENDATIONS

 

That Council:

 

1.                  Declare a parcel of vacant land containing an area of 203.6 m2, subject to final survey, described as part of the westerly half of Brunswick Street approved for closure, Registered plan 97162, City of Ottawa, shown hatched on the attached Document 1, 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 Anselme Allah for $40,000 plus GST pursuant to an Agreement of Purchase and Sale that has been received.

 

 

 

5.             LEASE - 1221 CYRVILLE ROAD - ELECTIONS OFFICE

 

 

COMMITTEE RECOMMENDATION

 

That Council approve the Lease between the City (Tenant) and Sedco Limited (Landlord) for approximately 23,795 square feet of warehouse and office space for an Elections Office located at 1221 Cyrville Road in the City of Ottawa for a term of six (6) years commencing 1 October 2009 and ending on 30 September 2015, for an estimated annual rent of $358,115 with annual escalation.

 

 

 

6.                   DELEGATION OF AUTHORITY – CONTRACTS AWARDED FOR THE PERIOD OCTOBER 1 TO DECEMBER 31, 2008, SPONSORSHIP AND ADVERTISING, LEGAL OUTSOURCING COSTS AND PAYMENT WITHOUT REFERENCE AND 2008 CONSOLIDATED ANNUAL SUMMARY

 

 

COMMITTEE RECOMMENDATION

 

That Council receive this report for information.

 

 

 

7.         2009 BUDGETS AND SPECIAL LEVIES FOR BUSINESS IMPROVEMENT AREAS AND SPARKS STREET MALL AUTHORIT Y

 

 

COMMITTEE RECOMMENDATIONS

 

That Council:

 

1.      Approve the 2009 budgets and special levies, as presented in Document 1, for the following:

Bank Street BIA;

Barrhaven BIA;

ByWard Market BIA;

Carp BIA;

Glebe BIA;

Manotick BIA;

Orleans BIA;

Preston BIA;

Rideau BIA;

Sparks Street BIA;

Sparks Street Mall Authority;

Somerset Village BIA;

Somerset Chinatown BIA;

Vanier BIA;

Wellington West BIA;

Westboro BIA; and

 

2.      Enact the BIA levy by-laws and the Sparks Street Mall Authority by-law for the BIAs and mall authority listed in Recommendation 1 once the 2009 tax ratios are approved.

 

 

 

8.             CONSERVATION AUTHORITIES 2009 LEVIES

 

 

COMMITTEE RECOMMENDATION

 

That Council approve the 2009 general and special levies as presented in Document 1 for the following:

 

1.      Rideau Valley Conservation Authority;

2.      South Nation Conservation Authority; and

3.      Mississippi Valley Conservation Authority.

 

 

 

9.             2009 Tax ratios and other tax policies

 

 

COMMITTEE RECOMMENDATIONS

 

That Council approve:

 

1.   The adoption of the following optional property classes in 2009:

·    Shopping centre commercial property class

·    Parking lots and vacant lands commercial property class

·    Office building commercial property class

·    Large industrial property class

·    New multi-residential property class

·    Professional sports facility class

 

2.                  The adoption of the following tax ratios for 2009:

 

Tax Class

Ratios  **

Residential

1.000000

Multi-Residential

1.750000

New Multi-Residential

1.000000

Farm

0.200000

Managed Forest

0.250000

Pipeline

1.541308

Commercial Broad Class

2.163992

 - Commercial *

2.056746

 - Office Building *

2.484783

 - Parking Lots and Vacant Land – Commercial *

1.347621

 - Shopping Centre *

1.710810

 - Professional Sports Facility *

N/A

Industrial Broad Class

2.540952

 - Industrial *

2.699959

 - Large Industrial *

2.318571

* including new construction classes for BET purposes

** Subject to final minor revisions upon OPTA close-off

 

3.                  The adoption of the following tax ratios and by-laws for the mandatory property subclasses and the tax rate percentage reduction for farm land awaiting development:

·          Commercial excess land (i.e. commercial, office and shopping centre tax classes) - 70% of the applicable commercial property class tax ratio;

·          Vacant industrial land, industrial and large industrial excess land - 65% of the applicable industrial property class tax ratio; and

·                    Farm lands awaiting development subclass I - 75.0% of the residential property class tax ratio and the corresponding tax rate percentage reduction for the awaiting residential, multi-residential, commercial and industrial property classes; and Farm lands awaiting development subclass II - no tax rate reduction;

 

4.                  That the tax rates for 2009 be established based on the ratios adopted herein;

 

5.         a)         That the 2009 capping parameters be approved at the higher of 10% of the previous year’s annualized tax or 5% of the 2008 Current Value Assessment (CVA) taxes;

 

b)                  That for 2009 capped/clawback properties whose recalculated annualized taxes fall within $250 of their CVA taxation be moved to their CVA tax for the year; and

 

c)         That for 2009, properties which have reached CVA during 2008 and/or crossed over from the clawback to the capping category or vice versa in 2009 remain at CVA taxes and be excluded from any further and future capping/clawback adjustments.

 

6.                  That the tax level for “new construction” properties be set at a minimum level of 100% of their CVA taxes for 2009 and future taxation years;

 

7.                  That the property tax mitigation programs currently in place and detailed in this report be continued for 2009, including the Farm Grant Program and the new Low Income Seniors and Disabled Persons Complete Tax Deferral Program and the due date for the low-income seniors and disabled persons complete tax deferral program be changed to February 28 of the relevant tax year;

 

8.                  That Council endorse a risk-based flexible collection process with respect to repayment options for those property owners in arrears;

 

9.                  That a budget adjustment of $5.0 million between taxable revenues and payment in lieu of taxes be recorded to reflect the change in classification of Federal properties that were sold and leased back; and

 

10.              That a budget adjustment of $2.5 million between taxable revenues and tax remissions be recorded to reflect the delay in assessment changes that won’t be processed until after the final tax billing.

 

 

 

10.          WARD BOUNDARIES – FERNBANK LANDS

 

 

COMMITTEE RECOMMENDATIONS AS AMENDED

 

That Council:

 

1.                  Direct staff to bring forward a report to the 16 June 2009 meeting of Corporate Services and Economic Development Committee, to be considered by Council on 24 June 2009, that would enable the Fernbank lands to be redistributed from Ward 21 to Ward 6 and/or Ward 23; and

 

2.                  Direct staff to ensure that all required notice is given to comply with statutory and City requirements.

 

3.         Direct staff to come forward with a report within the first year of the next term of Council to provide for the incorporation within the affected Wards of any changes made to the Urban Boundary resulting from the current Official Plan review.

 

 

CORPORATE SERVICES AND ECONOMIC DEVELOPMENT COMMITTEE AND PLANNING AND ENVIRONMENT COMMITTEE JOINT REPORT 1

 

 

1.             ASSESSMENT OF STADIUM PROPOSALS – OSEG (LANSDOWNE LIVE) AND SENATORS SPORTS & ENTERTAINMENT (SS&E), KANATA

 

 

JOINT COMMITTEE RECOMMENDATIONS AS AMENDED

 

That Council consider the following:

 

1.      The acceptance of the staff assessment of the two unsolicited proposals as summarized in this report;

 

2.   That, should Council deem that the construction or reconstruction of a sports and entertainment facility at a capital cost in excess of $100 million dollars represents an infrastructure investment priority for Council at this time, then:

 

a)      That Council direct staff to proceed to the next stage of the evaluation process as per the Opportunity Assessment Framework with the Ottawa Sports and Entertainment Group (OSEG) and Senators Sports and Entertainment (SS&E) proponents. This stage will involve completing the necessary due diligence of the two proposals to ensure all costs have been accounted for and the City is receiving best value in accordance with the process outlined in this report and prior to end of September 2009, or

 

3.   That, should Council not deem that the construction or reconstruction of a sports and entertainment facility at a capital cost in excess of $100 million dollars represents an infrastructure investment priority for Council at this time, then:

 

a.   That both proposals not be pursued further on the basis that the total cost of either proposal prevents them from being an investment priority for Council at this time;

 

b.   That staff be directed to immediately develop alternative redevelopment scenarios for Lansdowne Park in accordance with the process outlined in this report so that Council may establish a new vision for the long-term redevelopment of Lansdowne Park prior to the end of this year; and

 

c.       That staff be directed to immediately complete a comprehensive study to determine the best location for a new sports and entertainment facility that would be designed to serve the needs of the City of Ottawa for the next seventy-years in accordance with the process outlined in this report.

 

motions referred by the Joint Committee

 

That Council consider the following motions, referred by the Joint Committee:

 

A.        WHEREAS the City of Ottawa has received an unsolicited proposal from The Ottawa Sports and Entertainment Group (OSEG), called ‘Lansdowne Live’, designed to revitalize Lansdowne Park and return a Canadian Football League team to Ottawa; and

 

WHEREAS the public has said that they would like Lansdowne Park to have more green space, pedestrian linkages to the Rideau Canal, enhanced Trade and Consumer Show space, and public spaces designed to support community initiatives like the Ottawa Farmers Market and festivals; and

 

WHEREAS revitalizing the Civic Centre and Frank Clair stadium are an important part of the ‘Lansdowne Live’ proposal, and an engineering study has identified that the structures at Lansdowne Park will require millions of dollars to maintain and restore; and

 

WHEREAS the City of Ottawa currently spends approximately $3.8 Million in operations and maintenance and we are limited in sources of new revenue to fund the redevelopment or urgent repairs;

 

THEREFORE BE IT RESOLVED that staff be directed to negotiate a partnership agreement with The Ottawa Sports and Entertainment Group (OSEG) to redevelop Lansdowne Park, including revitalizing the Civic Centre and Frank Clair stadium, enhancing Trade and Consumer Show space and protecting the Ottawa Farmers’ Market, based on a revenue- and value-neutral basis, subject to Committee and Council approval and based on the following conditions:

1.      That the City continue to support the Central Canada Exhibition’s move to the Albion Road site;

2.      That the City of Ottawa’s contribution to the revitalization of Lansdowne Park be limited to a dollar amount to be established during the negotiations, based on the principle of not increasing the overall cost to the taxpayer; and

3.      That any revenues generated from the revitalized Lansdowne Park not be used to subsidize any professional sports teams; and

 

BE IT FURTHER RESOLVED that the negotiations take place within a 60-day timetable; and

 

BE IT FURTHER RESOLVED that revitalizing Lansdowne Park be confirmed as our stadium priority project for Federal and Provincial infrastructure funding.

 

B.        WHEREAS City Council has already approved a series of guidelines for the transformation of Lansdowne Park, including the following:

§         That a substantial portion of the existing hard surface area must be reserved as, and designed as, public open spaces that are green and sustainable, suitable for recreational use and complementary to Lansdowne Park’s overall function;

§         That the Aberdeen Pavilion remain in its current location and plans must preserve and enhance sight lines to this building from the surrounding streets and from the Rideau Canal, and the façade of the Horticulture Building be retained;

§         That public pedestrian and bicycle access to the Rideau Canal, to the recreational pathways and gardens that abut Lansdowne Park and links to adjacent parks be improved;

§         That Frank Clair Stadium and the Civic Centre be enhanced;

§         That plans recognize Bank Street’s designation as a Traditional Mainstreet in the Official Plan;

§         That the opportunities for use of the site by community stakeholders, such as local sports groups, should be enhanced;

§         That the plan should provide for the continuation of the seasonal Ottawa Farmers’ Market in an exterior public space;

§         That the plan should also explore opportunities for outdoor performance and festival areas;

§         That any proposed buildings should achieve a minimum standard of LEED Silver;

§         That plans are able to be implemented in a timely fashion, and keep in mind the City’s financial ability to contribute to the redevelopment; and

 

WHEREAS any development of Lansdowne Park must respect the scale and character of the neighbourhood;

 

THEREFORE BE IT RESOLVED that staff be directed to incorporate the following conditions into any partnership agreement that will be negotiated to redevelop Lansdowne Park, including revitalizing the Civic Centre and Frank Clair Stadium, subject to Committee and Council approval:

 

1.   That the design principles incorporate the following:

a.      That the composition of retail, commercial, and community-benefit public space, including the Farmers’ Market, for the balance of the lands at Lansdowne Park give regard to the criteria established by Council, listed in Document 1 of the Lansdowne Park-Design Competition report, and be determined through a design process; and

b.      That the plan respect the scale and character of the neighbourhood and the public nature of the site, and that:

                                                                                      i.      There be no housing component;

                                                                                   ii.      There be no big box retail stores;

                                                                                 iii.      Commercial uses be limited to uses that support the main uses on the site, and that the commercial uses be “boutique” in nature;

                                                                                  iv.      Public transit options be considered; and

                                                                                     v.      The Trade Show and Consumer Show space be enhanced; and

c.       That the design process includes a comprehensive public consultation process prior to a final decision by City Council; and

2.   That the City of Ottawa’s contribution to the revitalization of Lansdowne Park be limited to a dollar amount to be established during the negotiations, to be based on not increasing the overall cost to the taxpayer; and

3.   That any revenues generated from the revitalized Lansdowne Park not be used to subsidize any professional sports;

 

BE IT FURTHER RESOLVED that the negotiations include consultations with the National Capital Commission and an understanding from the Federal and Provincial Governments regarding their level of financial commitment.

 

C.        WHEREAS the City of Ottawa has received an unsolicited proposal from the Senators Sports and Entertainment (SS&E) to provide a stadium for professional soccer in Ottawa; and

 

WHEREAS the growth in popularity of soccer would benefit from a dedicated facility and the provision of community fields would be beneficial to the City of Ottawa;

 

THEREFORE BE IT RESOLVED that the City of Ottawa be directed to negotiate an agreement with the Senators Sports and Entertainment (SS&E) to develop 30 acres of City-owned land along Palladium Drive, subject to SS&E receiving confirmation of a Major League Soccer (MLS) Franchise and Committee and Council approval, based on the following conditions:

1.   That the subject lands be leased to SS&E for $1, with the term of the lease to be the subject of negotiations and conditional on the development of a soccer-specific stadium to house an MLS team and community fields; and

2.   That the City in return for the provision of community fields, designate the fields and stadium as a municipal capital facility and provide a contribution of up to $10 million.

 

BE IT FURTHER RESOLVED that the negotiations take place within a 60-day timetable.

 

 

PLANNING AND ENVIRONMENT COMMITTEE REPORT 49

 

 

1.             HeRITAGE DEMOLITION BY neglect

 

 

Committee recommendationS as amended

 

Council direct staff:

 

1.         To develop heritage property standards by-law provisions to prescribe minimum standards for the maintenance of heritage attributes of properties designated under Parts IV and V of the Ontario Heritage Act;

 

2.         To investigate means by which the maintenance of non-designated properties listed as having heritage interest may be required such that those properties are not destroyed through neglect;

 

3.         To report back to Council by Fall 2009 outlining the proposed heritage property standards by-law provisions, a recommended enforcement protocol and the resource requirements for the implementation and enforcement of the new standards;

 

4.         To develop and establish, by Fall 2009, an Emergency Heritage Preservation Protocol that includes timely response and cooperation between the Building Code Services, By-law and Regulatory Services, Ottawa Fire Services and Planning for the purpose of preserving and protecting properties designated under Parts IV and V of the Ontario Heritage Act; and

 

5.                  To investigate and report back to Council on a plan to acquire endangered designated heritage property where Council has deemed the preservation of the designated building to be of sufficient cultural heritage value to necessitate intervention, and on the requisite capital funding to enable the acquisition, rehabilitation and development of such properties.

 

 

 

2.             TREASURER’S STATEMENTS ON DEVELOPMENT CHARGES FOR 2007 AND 2008

 

 

Committee recommendation

 

That Council receive this report for information.

 

 

 

3.             IC&I WASTE DIVERSION STRATEGY "DIVERSION 2015" - FINAL REPORT

 

 

Committee recommendations

 

That Council:

 

1.                  Receive the Consultation Report, dated January 15, 2009, on the Draft Industrial, Commercial Institutional (IC&I) 2015 Waste Diversion Strategy;

 

2.                  Approve Diversion 2015, the IC&I Waste 3R Strategy as set out in Document 2;

 

3.                  Approve Diversion 2015 IC&I Waste Diversion Implementation Plan – Overview (2009-2015) as set out in Document 3; and

 

4.         Approve Diversion 2015 IC&I Waste Diversion 2009-2010 Work Plan, as set out in Document 4.

 

 

 

4.             RESIDENTS’ PETITION FOR THE INSTALLATION OF SANITARY SEWER INFRASTRUCTURE AS A LOCAL IMPROVEMENT IN RIDEAU GLEN

 

 

Committee recommendation

 

That Council approve a by-law to undertake the construction of sanitary sewer infrastructure within the Rideau Glen area as petitioned Local Improvement works and in accordance with the cost apportionment as outlined in this report.

 

 

 

 

 

5.             ZONING - 2 AND 4 PERRY STREET AND PART OF 49 LAIRD STREET

 

 

Committee recommendation as amended

 

(This application is subject to Bill 51)

 

That Council approve an amendment to Zoning By-law 2008-250 to change the zoning of 2 and 4 Perry Street and part of 49 Laird Street from R1FF – Residential First Density Subzone FF and I1B  – Minor Institutional Subzone B to I1B [xxx] – Minor Institutional Subzone B, Exception xxx, as shown on Document 1 and as detailed in Document 2, as amended in Item 2(b) to change the required width of landscaped buffer abutting a street from 0.75 metres to 0.69 metres.

 

 

 

6.             COMPREHENSIVE ZONING BY-LAW 2008-250 – ANOMALIES – 20 FRANK NIGHBOR ROAD AND 613 HAZELDEAN ROAD

 

 

Committee recommendations

 

(This matter is subject to Bill 51)

 

That Council:

 

1.         Repeal By-laws 2008-458 and 2008-459;

 

2.         Approve the amendments recommended in Document 1, and as shown on Documents 3 and 5 with respect to 20 Frank Nighbor Road and 613 Hazeldean Road; and

 

3.         Authorize the City Clerk and Solicitor to implement Recommendations 1 and 2 either through by-law enacted by Council or through Orders of the Ontario Municipal Board.

 

 

 

 

7.             COMPREHENSIVE ZONING BY-LAW 2008-250: APPEALS TO THE ONTARIO MUNICIPAL BOARD (THIRD REPORT)

 

 

Committee recommendation as amended

 

(This matter is subject to Bill 51)

 

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, excluding Appeal 19, which was referred back to staff.

 

 

 

8.             BUILDING PERMIT FEES

 

 

Committee recommendations

 

That Council approve, effective April 22, 2009:

 

1.                  A reduction in the building permit fee rate from $13.25 to $12.50 per $1,000 in construction value for all construction except farm buildings;

 

2.                  A downward adjustment to the building permit fee rate for farm buildings to $8.75 per $1,000 in construction value, and

 

3.                  That the Building By-law 2005-303 be amended accordingly.

 

 

 

9.          City of ottawa compliance with ONTARIO'S NEW COSMETIC PESTICIDES BAN

 

 

Committee recommendation

 

That Council approve that the City of Ottawa Pesticide Use Policy 2008, be revoked effective April 22, 2009 when Ontario Provincial Regulation 63/09 comes into effect.

 

 

 

 

10.        BILL 150 - GREEN ENERGY AND GREEN ECONOMY ACT, 2009

 

 

Committee recommendationS

 

That Council:

 

1.         Approve the comments on Bill 150 - Green Energy and Green Economy Act, 2009 as outlined in Document 1 attached; and

 

2.         Direct that these comments be forwarded to the Ministry of Energy and Infrastructure and to the Standing Committee on Bill 150.

 

 

TRANSPORTATION COMMITTEE REPORT 28

 

    

1.             MUNICIPAL PARKING MANAGEMENT STRATEGY and governance review

 

 

COMMITTEE RECOMMENDATION AS AMENDED

 

That Council:

 

1.                  Approve the City of Ottawa Municipal Parking Management Strategy, attached as Document 1, which includes the following elements:

a.                  Parking Management Principles and Objectives;

b.                  Funding Model;

c.                   Parking Rate Setting Guideline;

d.                  Performance Measures; and

e.                  Parking Function Accountabilities;

2.                  Approve the continuance of the internal Governance Model and adopt the Parking Stakeholder Consultation Group Terms of Reference, attached as Document 2;

3.                  Approve the Standard Terms of Reference for Local Area Parking Studies, attached as Document 3;

4.                  Subject to approval of recommendation 1 and 2, direct staff to carry out the Implementation Plan, attached as Document 4, which builds the foundation for the new Parking Management Program, and includes the following elements:

a.                  Initiate a Local Area Parking Study for the By Ward Market in 2009;

b.                  Establish the Parking Stakeholders Consultation Group;

c.                   Amend the Tariff of Fees Bylaw to allow for a range of permitted parking rates;

d.                  Restate the 2009 Budget in accordance with the adopted funding model; and

e.                  Undertake further Local Area Parking Studies in 2010;

5.                  Subject to the approval of recommendation 1 and 2, approve that $75,000 for parking studies to be undertaken in 2009 be added to the list of 2009 one-time operating needs to be funded from Works in Progress capital closures;

6.                  Subject to the approval of recommendation 1, approve the establishment of a parking reserve fund with funds derived from parking fees and the sale of parking capital assets for parking related programs consistent with the Municipal Parking Management Strategy and enact a by-law to establish the reserve;

7.         Subject to the approval of Recommendation 1, approve:

a.         That the General Manager of Public Works and the Deputy City Manager of City Operations individually be delegated the authority to vary the on-street parking rates and the hours of parking by location provided that the variation of the rates is consistent with the Municipal Parking Management Strategy and is within the range approved by City Council as part of the annual budget and the local Ward Councillor, BIA, and Community Association concur; and

b.         That the existing delegation of authority to vary off-street parking rates be expanded to permit staff to alter rates for alternative modes of transportation, such as motorcycles, scooters, and auto-share vehicles provided that the variation of the rates is consistent with the Municipal Parking Management Strategy and is within the range approved by City Council as part of the annual budget;

8.         Approve an annual grant of up to $5,000 to each BIA that has metered parking for initiatives that are in keeping with the Parking Management strategy with budget funds being reallocated from the Parking Program advertising and promotion account to a Parking Program grant account;

9.         Amend the “Parking Stakeholder Consultation Group TOR” membership to include 3 community association representatives and one place of worship representative;

10.       Amend the description of the Parking Stakeholders Consultation Group meetings to read:

The Parking Stakeholders Consultation Group will meet on a quarterly basis or more when required at the request of the General Manager of Public Works, or his/her designate, or as requested by a majority of Parking Stakeholder Consultation Group members;

11.       Expand the ‘Percent for Art Program’ to city parking development projects in excess of $500,000;

12.       Direct staff to undertake consultation with all stakeholders including appropriate BIAs, Community Associations, the ward Councillor and places of worship regarding any parking fee increase proposed as part of the City’s annual budget;

13.       Direct staff, in the third annual report on the parking management strategy, to review the parking governance model with a comparison with the parking authority;

14.       Amend By-law No. 2003-530, the Traffic and Parking By-law, to permit two motorcycles to park in one on-street parking meter space:

a.         Despite the above, where the parking meter space is parallel to the curb line, the angle for parking each motorcycle, relative to the curb, must not exceed 45 degrees; and

 

b.         That staff monitor the use of on-street parking stalls by motorcycles, and report findings as part of the Parking Management Strategy Annual Report.

 

 

    

2.             pay and display – Ottawa Option Procurement Process

 

 

COMMITTEE RECOMMENDATION

 

That Council approve the attached Request for Submission, which will serve as the basis for the next phase of the Ottawa Option procurement process.

 

 

    

3.             Waiver of the Signs on City Roads By-law to permit the temporary installation of wayfinding signs during preston street reconstruction.

 

 

COMMITTEE RECOMMENDATION AS AMENDED

 

That Council approve the waiver of Section 4 of By-law No. 2003-520, the Signs on City Roads By-law to permit the installation of a temporary wayfinding sign system during the reconstruction of Preston Street provided that:

a.         The sign system is comprised of “Business Listing” signs, placed along Rochester Street or other routes as agreed to by staff, and “Advanced Notice” signs placed in advance of the Preston Street construction area on Gladstone, Somerset W., Albert, Raymond and at Carling at Booth and Carling at Champagne,

b.         The signs be fabricated, installed, maintained and removed by the City of Ottawa at the cost up to $8,000

c.         The signs shall only be placed during the reconstruction of Preston Street; and,

d.         In accordance with the City’s Tourism and Public Service Signs Policy the dimensions of the signs are no greater than 60cm in width and 90cm in height.

 

 

12.     Motion to Adopt Reports

(Councillors M. Bellemare and D. Thompson)

 

 

13.     Motions of Which Notice has Been Given Previously

 

MOTION

 

Moved by Councillor P. Hume

Seconded by Councillor J. Harder

 

WHEREAS the economic downtown has significantly affected the residential and non-residential construction industry;

 

AND WHEREAS the construction industry in a major component of the economy of the City of Ottawa;

 

AND WHEREAS the development charge background study and accompanying report to be submitted to Committee and Council will recommend moving the annual date for increase in development charges to a later date;

 

AND WHEREAS the policy report considered by Council on 11 March 2009 did not by inadvertence of staff contain a recommendation moving back the indexing date to a point later in the current year;

 

AND WHEREAS Recommendation No. 5. in the policy report for the Development Charge By-law Review proposes 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;

 

THEREFORE BE IT RESOLVED THAT, effective for building permits issued after 22 April 2009, the 5.9% increase in development charges imposed within By-law 2004-298 for 2009 be deferred to 1 August 2009 pending the five year development charge review.

 

 
MOTION

 

Moved by Councillor C. Doucet

Seconded by Councillor C. Leadman

 

WHEREAS construction noise is permitted in Ottawa at all times except between the hours of 10 p.m. and 7 a.m. except for Sunday when construction noise must not start before 9 a.m.

 

WHEREAS the increasing amount of infill housing, in tangent with the targeted objectives of the city’s Official Plan has resulted in deterioration of quality of life for many Ottawa residents, who must endure constant summers of not being able to enjoy their outside premises on account of the noise and dust generated on construction sites,

 

WHEREAS other municipalities are able to balance the requirements of the building industry while maintaining a lesser impact on the quality of life for their residents, eg: Toronto: The operation of construction equipment is prohibited from 7pm. one day to 7a.m. the next day, except for Saturday, Sunday and statutory holidays when it is prohibited until 9a.m., Vancouver: Construction is permitted between 7:30a.m. to 8 p.m. on any weekday not a holiday, and between 10 a.m. to 8 p.m. on any Saturday not a holiday, and from 10 a.m. to 8 p.m. Sunday, and New York City: Construction is permitted ONLY on weekdays between 7 a.m. to 6 p.m.

 

BE IT RESOLVED THAT the City of Ottawa permits the sound generated by construction equipment during the following times:

   (a) between the hours of 7a.m. to 8p.m., Monday through Friday

   (b) between the hours of 9a.m. and 7p.m. on Saturdays, Sundays and statutory holidays.

 

 

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

 

 

15.     Motion to Introduce By-laws                                          Three Readings

(Councillors M. Bellemare and D. Thompson)

 

a)                  A by-law of the City of Ottawa to authorize the entering into of an agreement with the Province of Ontario through the Minister of Transportation relating to funding provided by the Province of Ontario to the City under the Dedicated Gas Tax Funds for Public Transportation Program.

 

b)                  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.

 

c)                  A by-law of the City of Ottawa to provide for a municipal housing project facility on the lands that are municipally known as 260 Tompkins Avenue.

 

d)                  A by-law of the City of Ottawa to designate certain lands at 1095 and 1097 Halton Terrace as being exempt from Part Lot Control.

 

e)                  A by-law of the City of Ottawa to amend By-law No. 2008-250 of the City of Ottawa to change the zoning for the property known municipally as 913 Howie Road.

 

f)                    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.

 

g)                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 2 and 4 Perry Street and part of 49 Laird Street.

 

 

16.     Confirmation By-law (Councillors M. Bellemare and D. Thompson)

 

 

17.     Inquiries

 

 

18.     Adjournment  (Councillors M. Bellemare and D. Thompson)

 

 

 

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