OTTAWA CITY COUNCIL

24 February 2010

ANDREW S. HAYDON HALL

10:00 a.m.

 

MINUTES 85

 

 

The Council of the City of Ottawa met at Andrew S. Haydon Hall, 110 Laurier Avenue West, Ottawa, on 24 February 2010 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 Gloucester Senior Adults’ Centre.

 

 

Announcements/Ceremonial Activities

 

RECOGNITION AND MOMENT OF SILENCE – LORNE KELLY

 

Mayor O’Brien and Councillor J. Harder presented a framed certificate of recognition to the family of Lorne Kelly, Community Activist and Founder of Kelly Funeral Home, who passed away on February 11, 2010.  The certificate recognized Mr. Kelly’s contribution to the residents of the City of Ottawa, for over five decades.

 

Council then observed a Moment of Silence in memory of Mr. Kelly.

 

 

RECOGNITION – 40TH ANNIVERSARY OF BIG BROTHERS BIG SISTERS OTTAWA

 

Mayor Larry O’Brien declared Wednesday, February 24th, 2010 as Big Brothers Big Sisters Ottawa Day in the City of Ottawa as part of the celebration of their 40th anniversary.  The Mayor presented Mr. Robert Eves, Executive Director, Big Brothers Big Sisters Ottawa, with a framed proclamation.

 

 

 


PRESENTATION – UNITED WAY CHEQUE PRESENTATION

 

Mayor O’Brien, Councillor D. Deans, Councillor E. El-Chantiry, Kent Kirkpatrick, Arlene Grégoire and Susan Jones announced that $609,090 was raised during the 2009 City of Ottawa United Way / Centraide Employee Campaign.  Michael Allen, President and Chief Executive Officer, United Way / Centraide of Ottawa was present to accept the cheque on behalf of United Way. 

 

 

 

Roll Call

 

ALL MEMBERS WERE PRESENT EXCEPT COUNCILLORS S. DESROCHES, D. HOLMES AND M. MCRAE.

 

 

Confirmation of Minutes

 

The Minutes of the regular and In-Camera meeting of 10 February 2010 were confirmed.

 

 

Declarations of interest including those originally arising from prior meetings

 

Councillor D. Thompson, declared a direct pecuniary interest with respect to Agriculture and Rural Affairs Committee Report 50, Item 3, Comprehensive Zoning By-law 2008-250: Appeals to the Ontario Municipal Board (Eleventh Report), as an owner of a lot in that subdivision. 

 

Communications

 

The following communications were received:

 

·                     Responses to Inquiries

·         38-09 - Attendees at meetings prior to cancellation of Design Competition

·         39-09 - Severances and Consultants

·         03-10 - Conditions in the Contract for Orgaworld

 

 

Regrets

 

Councillors D. Holmes, M. McRae (City Business) and S. Desroches (City Business) advised they would be absent from the Council meeting of 24 February 2010.

 

 

Point of Personal Privilege

 

At the Council meeting of 10 February 2010, Councillor C. Doucet raised a point of personal privilege with respect to comments allegedly made by Councillor Chiarelli on CFRA Radio.  Mayor O’Brien directed staff to obtain and review a copy of the transcript of the CFRA Radio interview and report back at the next meeting of Council.

 

Mayor O’Brien advised, as a result of the City Clerk and Solicitor’s findings and his own review of the matter, he was ruling that Councillor Doucet’s privilege as a Member of Council had not been impugned.  He deemed the matter closed.

 

Councillor Doucet indicated although he did not accept the Mayor’s ruling, he would not challenge this ruling.

 

 

City Auditor General

 

 

1.             Office of the Auditor General (OAG) - 2008 Annual Report and 2008 Detailed Audit Reports

 

                bUREAU DU VÉRIFICATEUR GÉNÉRAL (BVG) - RAPPORT ANNUEL DE 2008 ET RAPPORTS de vÉrification DÉTAILLÉS 2008

 

 

          REPORT RECOMMENDATIONS

 

1.         That Council receive and table the 2008 Annual Report and 2008 Detailed Audit Reports from the OAG at its meeting on November 25, 2009, for referral to the appropriate Standing Committee, and for subsequent consideration and approval of the audit recommendations by Council at a meeting in 2010 once budget deliberations have been completed.

 

2.         That Council receive, in-camera, confidential portions of the Audit of Traffic Operations and the Audit of Moonlighting and Corporate Risk Issues - Traffic Operations Division, as those portions of information should not be publicly disclosed in accordance with the Municipal Freedom of Information and Protection of Privacy Act (MFIPPA).

 

3.         That Council, after consideration and approval, refer all audit recommendations where management is in disagreement to the Audit, Budget and Finance (ABF) Committee, including  those recommendations where management has indicated agreement, and where the OAG considers that discussion is still required at ABF Committee.

 

CITY COUNCIL 25 NOVEMBER 2009

 

RECEIVED and TABLED to the Council meeting of 24 February 2010 and REFERRED by the following Motion:

 

MOTION NO. 79/3

 

Moved by Councillor S. Qadri

Seconded by Councillor J. Harder

 

THEREFORE BE IT RESOLVED THAT the Audits be referred to the appropriate Standing Committee for review and that the City Clerk and Solicitor work with the Auditor General, the City Manager and Committee Chairs to determine the Committee routing, and inform Council as soon as the schedule is determined.

 

                                                                                                            CARRIED

 

CITY COUNCIL 24 FEBRUARY 2010

 

 

The Auditor General’s Report, 2008 Annual Report and 2008 Detailed Audit Reports, was put to Council and CARRIED.

 

 

 

2.             Office of the Auditor General (OAG) 2009 Interim Follow-Up to the 2008 Audit of The Parking Function

 

            BUREAU DU VÉRIFICATEUR GÉNÉRAL (BVG) - SUIVI INTÉRIMAIRE 2009 DE LA VÉRIFICATION DE LA FONCTION STATIONNEMENT de 2008

 

 

          REPORT RECOMMENDATIONS

 

That Council receive the following report:  2009 Interim Follow-up to the 2008 Audit of the Parking Function.

 

                                                                                                            RECEIVED

 


 

 

3.             Office of the Auditor General (OAG) - Audit of the Incremental Costs of the Transit Strike 2008-2009

 

            BUREAU DU VÉRIFICATEUR GÉNÉRAL (BVG) - VÉRIFICATION DE L'INCIDENCE FINANCIÈRE DE LA GRÈVE DES TRANSPORTS EN COMMUN 2008-2009

 

 

          REPORT RECOMMENDATIONS

 

That Council receive the following report:  Audit of the Incremental Costs of the Transit Strike 2008-2009.

 

                                                                                                            RECEIVED

 

Postponements and Deferrals

 

CITY COUNCIL - 27 JANUARY 2010

 

Agriculture and Rural Affairs Committee Report 49

 

 

1.                  DOWDALL MUNICIPAL DRAIN

 

INSTALLATIONS MUNICIPALES DE DRAINAGE DOWDALL

 

 

Committee Recommendations

 

That Council adopt the Engineer's Report for the Dowdall 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.

 

MOTION NO. 83/2

 

Moved by Councillor G. Brooks

Seconded by Councillor R. Jellett

 

That Agriculture and Rural Affairs Committee Report 49, Item 1 - Dowdall Municipal Drain be deferred to the Council meeting of 24 February 2010 when the information report from Legal Services is expected to rise from the Agriculture and Rural Affairs Committee to Council for consideration.

 

                                                                                                DEFERRAL CARRIED

 

Item 1 of Agricultural and Rural Affairs Committee Report 49 was then put to Council and DEFERRED pursuant to motion No. 83/2.

 

CITY COUNCIL – 24 FEBRUARY 2010

 

Item 1 of Agricultural and Rural Affairs Committee Report 49 was put to Council and CARRIED.

 

 

CITY COUNCIL – 10 FEBRUARY 2010

 

MOTION No. 84/5

 

Moved by Councillor G. Brooks

Seconded by Councillor C. Leadman

 

WHEREAS there is considerable public interest in the construction costs for the “new” bus garage; and

 

WHEREAS there is a public perception that staff and Council lack accountability and/or credibility on this issue; and

 

WHEREAS the Office of the Auditor General is an independent body responsible only to Council; and

 

WHEREAS the Office of the Auditor General is responsible for conducting performance audits in on all areas of the City; and,

 

WHEREAS the Office of the Auditor General has full access to all information required to conduct any audit; and

 

WHEREAS audits conducted by the Office of the Auditor General are undertaken with the full co-operation of City management; and

 

WHEREAS the taxpayers are concerned with management and functionality of the City’s transit system;

 

1.         THEREFORE BE IT RESOLVED THAT Council requests the Auditor General to undertake a comprehensive study of the construction costs and procedures in regards to the “new” bus garage and report back to Council as part of the 2010 Annual report to be tabled in the Spring of 2011 at no extra cost to the City;

 

2.         BE IT FURTHER RESOLVED THAT the Auditor General undertake a comprehensive study of the OC Transpo transit system’s administration and functionality and report back to council as part of the 2010 Annual Report to be tabled in the Spring of 2011 at no extra cost to the City.

 

DEFERRED to the Council meeting of 24 February 2010 by Motion No. 84/4.

 

CITY COUNCIL – 24 FEBRUARY 2010

 

 

Motion No. 84/5 was put to Council and divided for voting purposes.

 

Recommendation 1 LOST on a division of 8 YEAS to 12 NAYS as follows:

 

YEAS (8):       Councillors M. Bellemare, R. Chiarelli, G. Brooks, D. Deans, C. Doucet, R. Jellett, C. Leadman, and D. Thompson.

 

NAYS (12):    Councillors J. Legendre, M. Wilkinson, B. Monette, J. Harder, S. Qadri, P. Feltmate, G. Bédard, G. Hunter, A. Cullen, R. Bloess, E. El-Chantiry and Mayor L. O'Brien.

 

Recommendation 2 LOST on a division of 9 YEAS to 11 NAYS as follows:

 

YEAS (9):       Councillors M. Bellemare, R. Chiarelli, G. Brooks, D. Deans, C. Doucet, R. Jellett, C. Leadman, G. Hunter, and D. Thompson.

 

NAYS (11):    Councillors J. Legendre, M. Wilkinson, B. Monette, J. Harder, S. Qadri, P. Feltmate, G. Bédard, A. Cullen, R. Bloess, E. El-Chantiry and Mayor L. O'Brien.

 

CITY COUNCIL – 10 FEBRUARY 2010

 

Motion NO. 84/6

 

Moved by Councillor E. El-Chantiry

Seconded by Councillor B. Monette

 

WHEREAS, on October 8, 2008, Council approved significant structural changes to the City’s operations and senior management, including OC Transpo; and

 

WHEREAS a number of high profile incidents related to OC Transpo (including the recent maintenance-related service disruptions and increased costs issues associated with the bus garage and Smart Bus procurements) have raised concerns regarding the management of transit services in Ottawa; and

 

WHEREAS the last comprehensive review of OC Transpo was undertaken by K.P.M.G. in 1998 and numerous external and internal reviews and audits or internal reviews on different aspects of OC Transpo operations have also been undertaken; and

 

WHEREAS the American Public Transit Association (APTA) has an established Peer Review program and is uniquely qualified to offer advice and to make corrective action recommendations as an international organization that has been representing the transit industry for over 100 years with over ninety per cent of passengers using transit in the United States and Canada are carried by APTA members;

 

THEREFORE BE IT RESOLVED THAT the City Manager be directed to engage APTA to undertake a formal Peer Review of OC Transpo’s bus programs and strategies, including but not limited to bus operations, customer service, staffing, training and recruitment, capital improvement plans, safety issues, organizational structure, operating/strategic plans and programs, including an examination of the recommendations in, and gap analysis of, the previous reviews within existing budgets; 

 

BE IT FURTHER RESOLVED THAT Committee and Council be provided with the results of this Peer Review and any staff response prior to the 2011 budget review of Transit Services.

 

DEFERRED to the Council meeting of 24 February 2010 by Motion No. 84/4.

 

CITY COUNCIL – 24 FEBRUARY 2010

 

Motion No. 84/6 was put to Council and CARRIED.

 

CITY COUNCIL – 10 FEBRUARY 2010

 

Motion NO. 84/7

 

Moved by Councillor E. El-Chantiry

Seconded by Councillor S. Qadri

 

WHEREAS, on October 8, 2008, Council approved significant structural changes to the City’s operations and senior management, including OC Transpo; and

 

WHEREAS a number of high profile incidents related to OC Transpo (including the recent maintenance-related service disruptions and increased costs issues associated with the bus garage and Smart Bus procurements) have raised concerns regarding the management of transit services in Ottawa;

 

THEREFORE BE IT RESOLVED THAT, once appointed, the Chief Procurement Officer’s first order of business be to convene a special “Review Panel” that includes the City Clerk and Solicitor and an independent Fairness Commissioner to review and report back to Committee and Council on recent procurement initiatives at OC Transpo, including the bus garage, with recommendations on how to ensure that future procurements are transparent and fair for all parties; and

 

BE IT FURTHER RESOLVED that the Auditor General be directed to examine the work of the “Review Panel” and provide his assessment of their recommendations, and that the Auditor General’s report be tabled as a companion document to the Review Panel’s report.

 

DEFERRED to the Council meeting of 24 February 2010 by Motion No. 84/4.

 

CITY COUNCIL – 24 FEBRUARY 2010

 

Motion No 84/7 was put to Council and CARRIED.

 

 

Motion to Introduce Reports

 

MOTION NO. 85/1

 

Moved by Councillor A. Cullen

Seconded by Councillor G. Hunter

 

That the Agriculture and Rural Affairs Committee Report 50, Audit, Budget and Finance Committee Report 6, Community and Protective Services Committee Report 50, Corporate Services and Economic Development Report 51B, Planning and Environment Committee Report 64A, Transit Committee Report 36, Transportation Committee Report 37B, be received and considered.

 

And That the Rules of Procedure be suspended to receive and consider Planning and Environment Committee Report 65, because of the urgency of the items contained in this report (specific reasons set out below.)

 

 

(Waiver of the Rules is being requested for Items 1 – 4 since there is only one Council meeting in March and it is important for Council to consider these reports prior to March 24, 2010, so as not to delay the projects.  For Item 5, as there is only one Council meeting on March 24, 2010, it is important for Council to consider this report in order for the City of Ottawa’s official submission to the Ontario Government’s review of the Waste Diversion Act to be provided in a timely manner.)

 

CARRIED with Councillor J. Legendre dissenting on waiver of the Rules of Procedure for Planning and Environment Committee Report 65.

AGRICULTURE AND RURAL AFFAIRS COMMITTEE REPORT 50

 

 

1.             mahogany community development concept plan - village of manotick

 

plan conceptuel d’aménagement de la communauté mahogany - village de manotick

 

 

Committee Recommendation

 

That Council approve the Mahogany Community Development Concept Plan, as presented in Document 1 (issued separately).

 

                                                                                                CARRIED

 

 

2.             oFFICIAL PLAN AMENDMENT - Policies regarding drive-through facilities (central area and villages);   zoning - permissions for drive-through facilities and restaurants

 

modification au plan officiel - politiques relatives aux services au volant (Secteur centre et villages); zonage - autorisations de services au volant et de restaurants

 

 

Agriculture and Rural Affairs Committee Recommendations as amended

 

That Council:

 

1.         Approve and adopt an amendment to the Official Plan to provide policies regarding permissions for drive-through facilities in the Central Area and Village designations, as detailed in Document 1 as amended by the following:

 

In Document 1, Proposed Official Plan Amendment, Part B, delete the text regarding Villages in Section 2.12 and replace it with,

 

2.12     Chapter 3.7 Villages is amended by adding the following policy:

 

13.       Consistent with the village and rural character, drive-through facilities shall not generally be permitted in the commercial core area of Villages or along Village mainstreets.

 

Council shall commission a study of the Village core area and Village mainstreets in order to determine where, in extraordinary situations, drive-through facilities may be permitted by site-specific amendments to the zoning by-law.  This study shall consider:

 

a)         Reinforcement of the historical character of Villages;

b)         Encouraging pedestrian friendly streetscapes;

c)         Promoting development of a size and scale compatible with other development in the area;

d)         The geographic extent to which each Village requires any special policy on drive-through facilities; and,

e)         Applicable objectives within Section 2.5.1 and policies within 4.11.

 

The principles resulting from this study shall be adopted as an official plan amendment, either to Volume 1 or to Volume 2 of the Plan.

 

If Council has not adopted an official plan amendment implementing the above study within three years of this policy coming into force, drive-through facilities will be permitted within the Village core areas and along Village mainstreets.

 

Pending the study outlined above and prior to the expiration of the three-year period, the provisions of this Plan in respect of drive-through facilities, regarding Traditional Mainstreets, shall apply with the necessary modifications in respect of the Village commercial cores and Village mainstreets.

 

2.         Approve amendments to Zoning By-law 2008-250 regarding permissions for drive-through facilities and restaurant uses, as detailed in Document 2, and forward a by-law incorporating the required amendments to the Ontario Municipal Board.

 

                                                                                                CARRIED

 

planning and environment committee recommendations as amended

 

That Council:

 

1.         Approve and adopt an amendment to the Official Plan to provide policies regarding permissions for drive-through facilities in the Central Area and Village designations, as detailed in Document 1;

 

2.         Approve amendments to Zoning By-law 2008-250 regarding permissions for drive-through facilities and restaurant uses, as detailed in Document 2, and forward a by-law incorporating the required amendments to the Ontario Municipal Board.

 

3.         Amend report number ACS2010-ICS-PGM-0025 by making the following change to Document 2 – Details of Recommended Zoning:

 

                                            i.                        In Document 2 – Details of Recommended Zoning, add the following text to (s) Section 204 (1) (a) IL 1, after the words, “permitted uses”:

 

“except for the lands zoned IL1 or IL1[XXX] along Hearst Way.”

 

4.                   That there be no further notice pursuant to Section 34 (17) of the Planning Act

 

                                                                                                CARRIED

 

 

3.             COMPREHENSIVE ZONING BY-LAW 2008-250: APPEALS TO THE ONTARIO MUNICIPAL BOARD (ELEVENTH REPORT) - 7268 PARKWAY ROad, 6798, 6803 LAKES PARK DRIVE, PLAN 4M-937 BLK 84, 86, 87, 88, PLAN 4M-1295 BLK 34, PLAN 4M-1305 BLK 61, 67, PLAN 4M-1306 BLK 43, 44; 5671 THIRD LINE ROAD

 

RÈGLEMENT GÉNÉRAL DE ZONAGE  2008-250 : APPELS AUPRÈS DE LA COMMISSION DES AFFAIRES MUNICIPALES DE L’ONTARIO (11IÈME RAPPORT) - 7268, chemin PARKWAY, 6798, 6803, promenade LAKES PARK, PLAN 4M-937 îlots 84, 86, 87 et 88, PLAN 4M-1295 îlot 34, PLAN 4M-1305 îlots 61, 67, PLAN 4M-1306 îlots 43, 44; 5671, chemin THIRD LINE

 

 

 

Committee Recommendation

 

That Council approve the amendments as described in the Details of Recommended Zoning in Document 1, for lands shown in Document 2 as amended, to resolve appeals to By-law 2008-250, and forward a by-law incorporating the required amendments to the Ontario Municipal Board.

 

                                                                                                            CARRIED

 

 

4.             zoning - 2500 forced road

 

zonage - 2500, chemin forced

 

 

 

Committee Recommendation

 

That Council approve an amendment to the Zoning By-law 2008-250 to change the zoning of part of 2500 Forced Road from Agricultural Subzone 1 (AG1) to Agricultural Subzone 5 (AG5), as shown on Document 1 as amended.

 

                                                                                                            CARRIED

 

 

5.             zoning - 2380 magladry road

 

zonage - 2380, chemin magladry

 

 

 

Committee Recommendation

 

That Council approve an amendment to the Zoning By-law 2008-250 to change the zoning of part of 2380 Magladry Road from Agricultural Zone (AG) to Agricultural Subzone 5 (AG5), as shown on Document 1.

 

                                                                                                            CARRIED

 

 

 

6.             zoning - 5211 barnsdale road

 

zonage - 5211, chemin barnsdale

 

 

Committee Recommendations

 

That Council:

 

1.   Approve an amendment to the Zoning By-law to change the zoning of 5211 Barnsdale Road from AG2 (Agricultural Zone, Subzone 2) to AG6[364r] (Agricultural Zone, Subzone 6, Rural Exception 364) to prohibit a residential dwelling and to permit two mobile homes for the accommodation of seasonal farm help associated with a market garden farm operation as shown in Document 1, as detailed in Document 2; and

 

2.   Direct staff to forward the Zoning By-law to Council when the owner has entered into an agreement to be registered on title to govern the location, use and removal of the mobile homes to the satisfaction of the General Manager, Planning and Growth Management.

 

                                                                                                            CARRIED

 


 

 

7.             DOWDALL MUNICIPAL DRAIN -  REPORT ON STATUS OF WORKS TO HAVE BEEN COMPLETED PURSUANT TO The hERON LAKE eSTATES SUBDIVISION AGREEMENT

 

INstallations municipales de drainage dOWDALL - RAPPORt d’étape des travaux complétés dans le cadre de l’accord de lotissement des domaines résidentiels hERON LAKE

 

 

 

Committee Recommendation

 

That Council receive this report for information.

 

                                                                                                            RECEIVED

 

 

AUDIT, BUDGET AND FINANCE COMMITTEE REPORT 6

 

 

1.             TELECOMMUNICATIONS AUDIT

 

                VÉRIFICATION DES PRODUITS DE TÉLÉCOMMUNICATION

 

 

COMMITTEE RECOMMENDATION AS AMENDED

 

That Council direct the Auditor General to not undertake an audit of the telecommunications which is utilized by the City of Ottawa to his audit plan to be completed in 2010.

 

                                                                                                CARRIED

 

 

 

2.             PROPERTY SPECIFIC Agreements

 

                ENTENTES PROPReS à une propriété en  PARTICULIeR

 

 

COMMITTEE RECOMMENDATIONS

 

That Council:

 

1.                  a)         Approve and accept the offer from the owners of Scotiabank Place to increase the taxes payable to $2,315,250 over a four (4) year phase-in period from 2011 to 2014; and

 

            b)         Direct staff of the City Clerk and City Solicitor Department to prepare an amendment to the current Scotiabank Place property tax agreement; and

 

2.         Direct staff of the Revenue Branch to negotiate a mutually acceptable increase to the annual ex gratia payments made by the National Arts Centre, in accordance with an agreement dated the 1st day of December, 1999, between the National Arts Centre Corporation and the City of Ottawa.

 

                                                                                                            CARRIED

 

 

 

3.             2010 BUDGET CONTINGENCY ACCOUNT:  FUNDING OF ONE-TIME BUDGETARY ITEMS

 

                COMPTE POUR LES IMPRÉVUS BUDGÉTAIRES DE 2010 : FINANCEMENT DES ÉLÉMENTS       BUDGÉTAIRES UNIQUES

 

 

COMMITTEE RECOMMENDATIONS

 

That Council approve:

 

1.                  The criteria with respect to accessing the funds in the Corporate Contingency Account, as outlined in Document 1; and

 

2.         The one-time operating budget requirements in the amount totalling $1,158,000, as identified in the report.

 

                                                                                                CARRIED

 

 


COMMUNITY AND PROTECTIVE SERVICES COMMITTEE REPORT 50

 

 

1.                   OFFICE OF THE AUDITOR GENERAL (OAG) - 2008 DETAILED AUDIT REPORTS: AUDITS REFERRED TO COMMUNITY AND PROTECTIVE SERVICES COMMITTEE FOR REVIEW

 

Bureau du vérificateur général – RAPPORTs DE VÉRIFICATION DÉTAILLÉs de 2008 : VÉRIFICATION RENVOYER AU COMITÉ DES SERVICES COMMUNAUTAIRES ET DE PROTECTION POUR examen

 

 

Committee Recommendation

 

That Council receive this report for information.

 

                                                                                                            RECEIVED

 

 

 

2.             MUNICIPAL PRICE INDEX FOR THE CITY OF OTTAWA

 

INDICE DES PRIX MUNICIPAUX POUR LA VILLE D’OTTAWA

 

 

 

Committee Recommendation

 

That Council direct the City Treasurer and Finance Branch and the Auditor General to prepare a report documenting the issue involved in the attempt to determine a Municipal Price Index for the City of Ottawa.

 

                                                                                                            CARRIED

 

 

 

3.             HUMAN/WILDLIFE CONFLICTS – COYOTES

 

CONFLITS ENTRE LES HUMAINS ET LA FAUNE – COYOTES

 

 

 

Committee RecommendationS AS AMENDED

 

That Council

 

1.         Direct staff to work cooperatively with the MNR to develop and implement an integrated approach to addressing coyote issues, including but not limited to public awareness and education, and response to human safety issues as appropriate.

 

2.         Request that the Ontario Ministry of Natural Resources review its wildlife relocation policies, particularly as they relate to healthy wildlife found in urban/suburban areas.

 

3.         Direct City staff to provide support to Councillor Thompson in his role as representative of the Rural Ontario Municipal Association (Association of Municipalities of Ontario) on the Ontario Ministry of Natural Resources’ Human-Wildlife Conflicts Advisory Group to help facilitate the development of an integrated coyote management strategy that will benefit residents and stakeholders across Ontario.

 

4.         Recommend to the Chair of the Agriculture and Rural Affairs Committee and the Chair of the Planning and Environment Committee that they convene a joint meeting of those committees to review and develop a wildlife strategy for the City of Ottawa.

 

5.         Direct staff to ensure that the lead department role, from the City's side of the matter, be shared by By-law Services and Planning and Environment.

 

MOTION NO. 85/2

 

Moved by Councillor P. Feltmate

Seconded by Councillor A. Cullen

 

THEREFORE BE IT RESOLVED that staff be directed to develop a comprehensive and integrated wildlife strategy for the City of Ottawa – included in a biodiversity strategy (or like product), centred on wildlife-sensitive planning, with a focus on public education and awareness programs –  and involve appropriate City departments, the National Capital Commission (NCC), the Ministry of Natural Resources (MNR), other relevant agencies and community stakeholder organizations in its development and implementation, including protocols to be required in conditions of plans of subdivision and site plans, and that said strategy go forward to a joint meeting of the Agriculture and Rural Affairs Committee and the Planning and Environment Committee for discussion.

 

                                                                                                            CARRIED

 

 


MOTION NO. 85/3

 

Moved by Councillor D. Thompson

Seconded by Councillor R. Jellett

 

THEREFORE BE IT RESOLVED THAT the words “and the Rural Affairs Office” be added to recommendation 5 of the Committee report.

                                                                                                            CARRIED

 

Item 3 of Community and Protective Services Committee Report 50 was then put to Council and CARRIED as amended by Motion Nos. 85/2 and 85/3.

 

 

CORPORATE SERVICES AND ECONOMIC DEVELOPMENT COMMITTEE REPORT 51B

 

 

1.             OFFICE OF THE AUDITOR GENERAL (OAG) - 2008 DETAILED AUDIT REPORTS: AUDITS REFERRED TO CORPORATE SERVICES AND ECONOMIC DEVELOPMENT SERVICES COMMITTEE FOR REVIEW

 

            BUREAU DU VÉRIFICATEUR GÉNÉRAL - RAPPORTS DE VÉRIFICATION DÉTAILLÉS 2008 : VÉRIFICATION RENVOYER AU COMITÉ DES SERVICES ORGANISTIONNELS ET DU DÉVELOPMENT ÉCONOMIQUE POUR REVUE

 

           

COMMITTEE RECOMMENDATION

 

That Council receive the following Audits, as included in the Auditor General’s 2008 Detailed Audit Reports and as referred by Council at its meeting of 25 November 2009;

 

·         Grants and Contributions

·         Year-End Spending 2004-2007

·         Sick Leave Management

·         Moonlighting and Corporate Risk Issues – Traffic Operations Division

·         Allegation of Blogging on City Work Time

·         2008 Annual Report on the Fraud and Waste Hotline

·         Incremental Costs of the Transit Strike

 

                                                                                                            RECEIVED


 

 

2.             QUARTERLY PERFORMANCE REPORT TO COUNCIL, q3: JULY 1 - SEPTEMBER 30, 2009

 

                rapport TRIMESTRIEL SUR LE rendement présenté au conseil POUR LE 3E TRIMESTRE, 1ER JUILLET AU 30 SEPTEMBRE 2009

 

 

COMMITTEE RECOMMENDATIONS

 

That Council receive the report for information.

 

                                                                                                            RECEIVED

 

PLANNING AND ENVIRONMENT COMMITTEE REPORT 64A

 

 

1.                  OFFICIAL PLAN AND ZONING - 280 DIDSBURY ROAD

 

PLAN OFFICIEL ET ZONAGE - 280, CHEMIN DIDSBURY

 

 

Committee recommendationS

 

(This matter is subject to Bill 51)

 

That Council:

 

1.                   Approve an amendment to the Kanata Town Centre Site-Specific Policies in Volume 2-B of the City of Ottawa Official Plan to amend Special Policy Area 3 of the Low Density Employment Area for the property known as 280 Didsbury Road, as shown in Document 1 and detailed in Document 4.

 

2.                   Approve an amendment to Zoning By-law 2008-250 to change the Urban Exception 1412 provisions that relate to the property known as 280 Didsbury Road, as shown in Document 1 and detailed in Document 3.

 

                                                                                                                                  CARRIED


 

 

2.             ZONING - 314, 316, AND 318 ABBEYDALE CIRCLE

 

ZONAGE - 314, 316, ET 318, CERCLE ABBEYDALE

 

 

Committee recommendationS

 

(This matter is subject to Bill 51)

 

That Council approve:

 

1.                  An amendment to the Zoning By-law 2008-250 to change the zoning of 316 and 318 Abbeydale Circle from Residential Third Density Zone Subzone X, Special Exception 1016 (R3X[1016]) to Residential First Density Zone, Subzone V, Special Exception 738 (R1V[738]), to permit single detached dwellings as shown in Document 1; and

 

2.                  An amendment to the Zoning By-law 2008-250 to change the zoning of 314 Abbeydale Circle from Residential Third Density Zone Subzone X, Special Exception 1016 (R3X[1016]) to Residential First Density Zone Subzone V, Special Exception xxxx (R1V[xxxx]), to permit single detached dwellings and to change the corner side yard setback from 3.0 metres to 2.6 metres as shown in Document 1 and detailed in Document 2.

 

                                                                                                            CARRIED

 

 

 

3.            ZONING - 3358 AND 3362 CARLING AVENUE

 

ZONAGE - 3358 et 3362, promenade carling

 

 

Committee recommendation

 

(This matter is subject to Bill 51)

 

That Council approve an amendment to the Zoning By-law 2008-250 to change the zoning of 3358 and 3362 Carling Avenue shown on Document 1 from Residential First Density Subzone, R1FF to Residential Second Density Subzone, R2L[****], as detailed in Document 2.


 

MOTION NO. 85/4

 

Moved by Councillor A. Cullen

Seconded by Councillor R. Chiarelli

 

WHEREAS on February 9, 2010 Report - Reference No. ACS2010-ICS-PGM-0017 was considered by Planning and Environment Committee and the matter carried;

 

AND WHEREAS further discussions have been held with the community, as one of the proposed zoning provisions carried by Committee did not completely support what had been agreed upon by both the community and the applicant;

 

AND WHEREAS after further consideration, staff have agreed to amend the said report’s Details of Recommended Zoning;

 

THEREFORE BE IT RESOLVED THAT Council approve the following modification to the Details of Recommended Zoning set out in the said Report - Reference No. ACS2010-ICS-PGM-0017:

 

Document 2 entitled Details of Recommended Zoning is amended by deleting the word “Balconies, uncovered porches must not project into the required and/or provided rear yard” and replacing them with the words “Balconies and uncovered porches are not permitted on the rear façade of a building, abutting the existing dwellings along Stillwater Drive

 

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

 

                                                                                                CARRIED

 

Item 3 of Planning and Environment Committee Report 64A was then put to Council and CARRIED as amended by Motion No. 85/4 on a division of 14 YEAS to 3 NAYS as follows:

 

YEAS (14):     Councillors P. Hume, M. Bellemare, R. Chiarelli, J. Legendre, D. Deans, C. Doucet, M. Wilkinson, S. Qadri, P. Feltmate, G. Bédard, G. Hunter, A. Cullen, R. Bloess, and Mayor L. O'Brien

 

NAYS (3):      Councillors B. Monette, J. Harder and D. Thompson.

 


 

 

4.            ZONING - 1630 STAR TOP ROAD

 

ZONAGE - 1630, CHEMIN STAR TOP

 

 

Committee recommendation

 

(This matter is subject to Bill 51)

 

That the Council approve an amendment to Zoning By-law 2008-250 to change the zoning of 1630 Star Top Road from IL (Light Industrial) to IL H(32) [xxxx] (Light Industrial – Height 32 metres – Exception), as shown on Document 1 and as detailed in Document 2.

 

                                                                                                CARRIED

 

 

5.            DEMOLITION CONTROL - 358 ARLINGTON AVENUE

 

RÉGLEMENTATION DES DÉMOLITIONS - 358, AVENUE ARLINGTON

 

 

Committee recommendationS

 

That Council approve the demolition of 358 Arlington Avenue, subject to the following:

 

1.         The Registered Owner shall seed/sod the property and install bollards around the perimeter to maintain the property as open space, and to prevent the use of the property for other interim uses until the time of construction of the replacement building.  The foregoing shall occur within three months of execution of the Agreement, failing which, the City will undertake this work and enter on the collector’s roll the sum of the costs incurred to perform this work.  The registered owner shall maintain the property in accordance with the Property Standards By-law. 

 

2.         That the Registered Owner enter into an Agreement with the City of Ottawa, to be registered on title, including the forgoing conditions, and pay all the costs associated with the registration of the said Agreement.  At such time as a building permit is issued to redevelop the site and the replacement building is in place, the Agreement will become null and void and will be released upon request by the owner. The owner shall pay all costs associated with the registration of the release from this Agreement.

 

3.         That the approval be considered null and void if the provisions of Condition 2 above have not been fulfilled within six months of the date of approval.

 

                                                                                                            CARRIED

 

 

6.      DESIGNATION OF THE BRADLEY/CRAIG FARMSTEAD, 590 HAZELDEAN ROAD UNDER PART IV OF THE ONTARIO HERITAGE ACT

DÉSIGNATION DE LA FERME BRADLEY/CRAIG, SITUÉE AU 590, CHEMIN HAZELDEAN, AUX TERMES DE LA PARTIE IV DE LA LOI SUR LE PATRIMOINE DE L'ONTARIO

 

committee recommendation, as amended

 

That Council approve the designation of the Bradley/Craig Farmstead, 590 Hazeldean Road, under Part IV of the Ontario Heritage Act in accordance with the Statement of Cultural Heritage Value, attached as Document 4, as amended.

 

                                                                                                            CARRIED

 

 

7.             APPLICATION TO ALTER 390 WOOD AVENUE, A PROPERTY LOCATED IN THE ROCKCLIFFE PARK HERITAGE CONSERVATION DISTRICT AND DESIGNATED UNDER PART V OF THE ONTARIO HERITAGE ACT

 

DEMANDE EN VUE DE MODIFIER LE 390, AVENUE WOOD, PROPRIÉTÉ SITUÉE DANS LE DISTRICT DE CONSERVATION DU PATRIMOINE DE ROCKCLIFFE PARK ET DÉSIGNÉE AUX TERMES DE LA PARTIE V DE LA LOI SUR LE PATRIMOINE DE L’ONTARIO

 

 

COMMITTEE recommendations

 

That Council:

 

1.                  Approve the application to alter 390 Wood Avenue, in accordance with plans submitted by Kevin Deevey, Kevin Deevey Architect as received on December 15, 2009.

 

2.                  Delegate authority for minor design changes to the General Manager of the Planning and Growth Management Department. 

 

3.                  Issue the heritage permit with a two-year expiry date from the date of issuance.

 

(Note: Approval to Alter this property under the Ontario Heritage Act must not be construed to meet the requirements for the issuance of a building permit.)

 

(Note: The statutory 90 day timeline for consideration of this application under the Ontario Heritage Act will expire on March 15, 2010.)

 

 

                                                                                                CARRIED

 

 

8.             APPLICATION FOR NEW CONSTRUCTION AT 506 KENT STREET, A PROPERTY LOCATED IN THE CENTRETOWN HERITAGE CONSERVATION DISTRICT AND DESIGNATED UNDER PART V OF THE ONTARIO HERITAGE ACT

 

demande de nouvelle construction au 506, rue kent, propriété située dans le district de conservation du patrimoine du centre-ville et désignée aux termes de la partie v de la loi sur le patrimoine de l’ontario

 

 

COMMITTEE recommendations

 

That Council:

 

1.         Approve the application for new construction at 506 Kent Street, in accordance with the plans submitted by Harish Gupta, Harish Gupta Architects Inc. as received on December 10, 2009.

 

2.         Issue the Heritage Permit with a two-year expiry date from the date of issuance.

 

(Note: The statutory 90-day timeline for consideration of this application under the Ontario Heritage Act will expire on March 14 2010.)

 

(Note: Approval to Alter this property under the Ontario Heritage Act must not be construed to meet the requirements for the issuance of a building permit.)

 

 

                                                                                                       CARRIED


 

 

9.             APPLICATION TO ALTER 132-138, 152-158 AND 160 BANK STREET, PROPERTIES DESIGNATED UNDER PARTS IV AND V OF THE ONTARIO HERITAGE ACT TOGETHER WITH ASSOCIATED NEW CONSTRUCTION IN THE BANK STREET HERITAGE CONSERVATION DISTRICT

 

DEMANDE DE MODIFICATION DES 132-138, 152-158 ET 160, RUE BANK, PROPRIÉTÉS DÉSIGNÉES EN VERTU DES PARTIES IV ET V DE LA LOI SUR LE PATRIMOINE DE L’ONTARIO, JUMELÉE À UN PROJET DE CONSTRUCTION DANS LE DISTRICT DE CONSERVATION DU PATRIMOINE DE LA RUE BANK

 

 

COMMITTEE recommendations

 

That Council:

 

1.                  Approve the application to alter 132-138, 152-158 and 160 Bank Street, properties designated under Part IV and V of the Ontario Heritage Act and associated new construction in the Bank Street Heritage Conservation District in accordance with the drawings by B+H Architects included as Documents 9-13 received on December 22, 2009.

 

2.                  Delegate approval of subsequent minor changes to the General Manager of Planning and Growth Management.

 

3.                  Require the posting of a financial security in the amount of $1.6 million required to stabilize and restore the existing brick façades prior to the issuance of construction permits for demolition or excavation.

 

4.                  Issue the Heritage Permit with a two-year expiry from the date of issuance.

 

(Note: The statutory 90-day timeline for consideration of this application under the Ontario Heritage Act will expire on March 22, 2010)

 

(Note: Approval to Alter this property under the Ontario Heritage Act must not be construed to meet the requirements for the issuance of a building permit.)

 

                                                                                                       CARRIED

 


 

 

10.        NEIGHBOURHOOD PLANNING INITIATIVE (NPI) PILOTS

 

PROJETS PILOTES DE l’Initiative de planification de voisinage (IPV)

 

 

COMMUNITY AND PROTECTIVE SERVICES COMMITTEE AND PLANNING AND Committee recommendationS as amended

 

That Council :

 

1.a.      Receive the results of the Neighbourhood Plans for Vars and Hintonburg/Mechanicsville, as described in this report and issued as Documents 1 and 2;

 

b.            Direct staff to use the Vars and Hintonburg/Mechanicsville Neighbourhood Plans as the first point of reference for all future City‑owned work planned in these communities; and

 

2.         Direct staff to move to the Implementation Phase of the Neighbourhood Planning Initiative (NPI) for the pilot Vars and Hintonburg/Mechanicsville Plans and to report back to Council by Q3 2010 with progress on:

 

a.         An implementation strategy, designed with input from other departments, that outlines the required resources and timing necessary to advance the City-owned recommendations;

 

b.                  The development of a tracking and reporting framework that will allow for annual reporting to Council; and

 

c.                   An assessment of the integration of NPI as part of the City’s overall community planning processes.

 

3.             Direct Community Sustainability staff to work with the Parks and Recreation Department and the Vars Community Association to implement a needs assessment survey to determine their recreational needs

 

4.             Direct staff to work with the Vars Community Association in capacity building with the purpose of developing a sustainable association in addition to working with the community to develop an implementation strategy for the Vars Neighbourhood Plan.

 

                                                                                                            CARRIED

 

 

 

11.        The Ottawa river ACTION PLAN

 

plan d’ACTION de LA RIVIÈRE DES OUTAOUAIS

 

 

Committee recommendationS

 

That Council:

 

1.                  Approve the Ottawa River Action Plan (ORAP) as described herein, valued at $251.64 million.

 

2.                  Approve a service level for combined sewer overflows (CSO) of zero overflows during the swimming season in the “average year.”

 

3.                  Receive for information the scope and timeline for development of a long-term Water Environment Strategy as described herein.

 

                                                                                                            CARRIED

 

 

 

 

12.          AUDIT REPORT - FINANCIAL STATEMENTS FOR IN-HOUSE SOLID WASTE COLLECTION - 2009

 

RAPPORT DE VÉRIFICATION – ÉTATS FINANCIERS POUR LA COLLECTE DES DÉCHETS SOLIDES PAR LA VILLE – 2009

 

 

COMMITTEE RECOMMENDATION

 

That Council receive this report for information. 

 

                                                                                                            RECEIVED

 


 

 

13.          EXEMPTION FROM THE DEMOLITION CONTROL PROCESS FOR 51 PINHEY STREET

 

Exemption au processus de démolition pour la propriété située au 51, Rue Pinhey

 

 

Committee recommendation As AMENDED

 

That Council approve that 51 Pinhey Street be exempted from the requirements set out in the Demolition Control By-law to enable the demolition of the building by the City without further delays.

 

                                                                                                            CARRIED

 

 

 

14.          PROTECTIVE PLUMBING PROGRAM – RULES FOR SEMI-DETACHED HOMES

 

PROGRAMME DE SUBVENTIONS A L’INSTALLATION DE DISPOSITIFS ANTI-REFOULEMENT – REGLES POUR LES MAISONS JUMELEES

 

 

Committee recommendation

 

That Council approve that in cases where only one semi-detached home has experienced flooding, the owner of the other home will also be eligible for 100% assistance with the cost of installing protective plumbing devices.

 

                                                                                                            CARRIED

 

 

PLANNING AND ENVIRONMENT COMMITTEE REPORT 65

 

 

1.          ZONING - 333 LAURIER AVENUE WEST, 152 BANK STREET, 250 SLATER STREET

 

ZONAGE - 333, AVENUE LAURIER OUEST, 152, RUE BANK, 250, RUE SLATER

 

 

COMMITTEE RECOMMENDATION AS AMENDED

 

            (This matter is subject to Bill 51)

 

That Council approve:

 

1.         An amendment to the Zoning By-law 2008-250, to change the zoning of 333 Laurier Avenue, 152 Bank Street, 250 Slater Street from the existing Mixed-Use Downtown Zones (MD S23 and MD S24) to new Mixed Use Downtown exception zones MD S23[xxxx] and MDS24[xxx] as detailed in Document 1 and as shown in Document 3.

 

2.         That the minimum number of parking spaces required be changed from 438 to 430

 

3.         That no further notice will be given under subsection 34(17) of the Planning Act.

 

                                                                                                            CARRIED

 

 

2.                   ZONING AND SITE PLAN CONTROL - 1539 STITTSVILLE MAIN STREET AND 4 ORVILLE STREET, AND PLAN OF CONDOMINIUM – 4 ORVILLE STREET

 

ZONAGE ET PLAN D'IMPLANTATION - 1539, RUE STITTSVILLE MAIN ET 4, RUE ORVILLE ET PLAN DE CONDOMINIUM – 4, RUE ORVILLE

 

 

COMMITTEE RECOMMENDATIONS

 

(This matter is subject to Bill 51)

 

That Council:

 

1.         Approve an amendment to the Zoning By-law 2008-250 to change the zoning of 1539 Stittsville Main Street to add an exception to the TM9 H(11) (Traditional Mainstreet Subzone 9 – Height 11 metres) zone, and change the zoning of 4 Orville Street to amend exception 1210, as detailed in Document 2 and as shown in Document 1;

 

2.         Direct staff, at such time that the Zoning By-law amendment in (1) above is in full force and effect, to approve the Site Plan Control application including the following plans as outlined in Document 3, and subject to the Owner entering into a standard Site Plan agreement including the conditions contained in Document 7.  In the event that the Owner fails to sign the required agreement and complete the conditions to be satisfied prior to the signing of the agreement within one year of the Site Plan Approval, the approval shall lapse.

 

3.         Direct staff, at such time that the Zoning By-law amendment in (1) above is in full force and effect and the Site Plan Control application in (2) above is approved, to approve the Draft Plan of Condominium, as shown in Document 5, and subject to the conditions contained in Document 8. 

 

                                                                                                            CARRIED

 

 

 

3.             ZONING 1492, 1496 AND 1500 CALEDON STREET, AND 1480 ALTA VISTA DRIVE

 

ZONAGE - 1492, 1496 ET 1500, RUE CALEDON ET 1480, PROMENADE ALTA VISTA

 

 

COMMITTEE RECOMMENDATIONS

 

That Council approve:

 

1.         An amendment to the Zoning By-law 2008-250 to change the zoning of 1492, 1496 and 1500 Caledon Street from R1O, (Residential First Density Subzone O), to a new R1O Exception zone (Residential First Density Subzone O Exception xxxx), as shown in Document 1 and as detailed in Document 2.

 

2.    An amendment to the Zoning By-law 2008-250 to change the zoning of 1480 Alta Vista Drive from O1 (Parks and Open Space Subzone 1), to a new O1 Exception zone (Parks and Open Space Subzone O Exception yyyy), as shown in Document 1 and as detailed in Document 2.

 

                                                                                                            CARRIED

 

 

 

4.            DEMOLITION CONTROL - 501 BESSERER STREET

 

RÉGLEMENTATION DES DÉMOLITIONS – 501, RUE BESSERER

 

 

COMMITTEE RECOMMENDATION

 

That Council approve the demolition of a residential duplex building located at 501 Besserer Street and impose the conditions as set out in Document 2.

 

                                                                                                            CARRIED

 


 

 

5.            COMMENTS TO THE MINISTRY OF ENVIRONMENT ON THE MINISTER'S REPORT FROM WASTE TO WORTH: THE ROLE OF WASTE DIVERSION IN THE GREEN ECONOMY

 

COMMENTAIRES AU MINISTÈRE DE L’ENVIRONNEMENT CONCERNANT LE RAPPORT DU MINISTÈRE INTITULÉ VALORISER LES DÉCHETS : LE RÔLE DU RÉACHEMINEMENT DES DÉCHETS DANS L’ÉCONOMIE VERTE

 

 

COMMITTEE RECOMMENDATIONS

 

That Council:

 

1.                  Endorse the comments submitted to the Ministry of the Environment by the Association of Municipalities of Ontario, the Regional Public Works Commissioners of Ontario and the Municipal Waste Association, as shown in Document 1, and Environmental Services General Manager’s supplementary comments in Document 2 as the City of Ottawa’s official submissions to the Ontario Government’s review of the Waste Diversion Act; and

 

2.                  Defer analysis of alternative solid waste revenue options until after the Government of Ontario amends the Waste Diversion Act.

 

                                                                                                            CARRIED

 

 

TRANSIT COMMITTEE REPORT 36

 

 

1.          priority seating - managing the front of the bus

 

sièges prioritaires – gestion de l’avant de l’autobus

 

 

COMMITTEE RECOMMENDATIONS AS AMENDED

 

That Council:

 

1.         Receive the following recommendations of the Senior’s Advisory Committee and the Accessibility Advisory Committee:

 

SENIORS ADVISORY COMMITTEE RECOMMENDATIONS

 

I.         That the City, in revising the proposed policy and its amendments concerning the Priority Seating – Managing the Front of the Bus, clarify that safety and accessibility for all is ensured by stating that the bus aisles should be clear of all mobility devices when a bus is in motion;

 

II.        That the Priority/Cooperative Seating Area be prioritized as follows:

a.         Persons using wheelchairs or scooters;

 

b.        Persons with disabilities, seniors and people with walkers; and

 

c.         Children in strollers;

 

III.      That the maximum size of the stroller is defined as 122cm (48”) long by 60 cm (24”) wide.  Oversized strollers and jogging strollers will not be allowed on buses; and

 

IV.      That OC Transpo be requested to examine the feasibility of expanding the priority seating area at the front of the bus by making more accessible spaces available.

 

ACCESSIBILITY ADVISORY COMMITTEE RECOMMENDATIONS

 

I.                   That Fold and Stow be the default policy and strongly encouraged with the public.  An exception would be allowed for double strollers holding two child occupants (a stroller size parameter be established to curtail obstructions); and

 

II.                That should the operator allow the boarding of an open stroller, then:

 

a.    An open stroller carrying a child must be placed in a wheelchair position if available;

 

b.    Should a wheelchair position not be available, open strollers will be allowed in the aisle unless they interfere with other passengers or with the safe movement of passengers within the transit vehicle; and

 

c.     Should an open stroller be in a wheelchair position and a person using a wheelchair boards and needs that position, the customer with the stroller will be required to move.

 


2.  Approve that the new stroller policy be amended so that:

 

a.         An open stroller carrying a child must be placed in a wheelchair position if available;

 

b.         Should a wheelchair position not be available, open strollers will be allowed in the aisle unless they interfere with other passengers or with the safe movement of passengers within the transit vehicle; and

 

c.         Should an open stroller be in a wheelchair position and a person using a wheelchair boards and needs that position, the customer with the stroller will be required to move.

 

MOTION NO. 85/5

 

Moved by Councillor M. Wilkinson

Seconded by Councillor G. Bédard

 

WHEREAS the Cooperative Seating area has limited space and must accommodate customers with various mobility needs:

 

WHEREAS transit operators and customers, alike, are concerned with maintaining a safe bus environment for all passengers, including children;

 

WHEREAS an official stroller policy that governs the safety of all passengers (moving, standing and sitting) is required to allow operators to better manage the front of the bus and to resolve conflicts in a reasonable and equitable way

 

BE IT RESOLVED THAT:

 

a)      An open stroller carrying a child must be placed in a wheelchair position, if available;

b)     Should a wheelchair position not be available, one open stroller will be allowed in the aisle unless it interferes with the other passengers or with the safe movement of passengers within the transit vehicle;

c)      Should an open stroller be in a wheelchair position and a person using a wheelchair or scooter boards and needs that position, the customer with the stroller will be required to move; and

d)     Only 3 open strollers would be allowed onboard at any one time (2 in wheelchair positions and one in the aisle or one in wheelchair position and two in the aisle if a wheelchair is on board).  All other strollers must be folded and stowed.

 

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

 

YEAS (7):       Councillors R. Chiarelli, J. Legendre, M. Wilkinson, G. Bédard, G. Hunter, A. Cullen and R. Bloess.

 

NAYS (13):    Councillors P. Hume, M. Bellemare, G. Brooks, D. Deans, C. Doucet, B. Monette, R. Jellett, C. Leadman, J. Harder, S. Qadri, P. Feltmate, D. Thompson and Mayor L. O'Brien.

 

Item 1 of Transit Committee Report 36 was then put to Council.

 

Recommendation 1 was RECEIVED.

 

Recommendation 2 was CARRIED with Councillors B. Monette, R. Jellett, J. Harder, S. Qadri, P. Feltmate and R. Bloess dissenting.

 

 

 

2.         city-wide consultation process for proposed transit cuts

 

processus de consultation publique à l’échelle de la ville concernant les coupures dans le service de transport en commun

 

 

COMMITTEE RECOMMENDATION AS AMENDED

 

That Council approve that specific recommendations for transit cuts arising in future budgets be considered by Council after a city-wide consultation process has taken place that includes concepts for the City’s overall vision, improving the modal split and customer service as well as efficiency.

 

                                                                                                            CARRIED

 

TRANSPORTATION COMMITTEE REPORT 37B

 

    

1.             OFFICE OF THE AUDITOR GENERAL - 2008 DETAILED AUDIT REPORTS: AUDITS REFERRED TO TRANSPORTATION COMMITTEE FOR REVIEW

 

Bureau du vérificateur général - RAPPORTs DE VÉRIFICATION DÉTAILLÉs 2008: VÉRIFICATION RENVOYER AU COMITÉ DES TRANSPORTS POUR REVUE

 

 

Committee Recommendations

 

That Council receive this report for information.

 

                                                                                                            RECEIVED

 

    

2.             AMENDMENT TO USE AND CARE OF ROADS BY-LAW RE NUISANCE ON CITY STREETS

 

MODIFICATION AU RÈGLEMENT SUR L'UTILISATION ET L'ENTRETIEN DES ROUTES EN RAISON DE NUISANCES DANS LES RUES DE LA VILLE

 

 

Committee Recommendations

 

That Council approve amendments to the Use and Care of Roads By-law (By-law 2003-498, as amended) to create new offences as follows:

 

1.         No person shall engage in loud, boisterous, threatening, abusive, insulting or indecent language, or engage in any disorderly conduct or behaviour on a highway; and

 

2.         No person shall engage in any activity so as to interfere with or become a nuisance to the general public using the highway or to adjacent property owners.

 

MOTION NO. 85/6

 

Moved by Councillor D. Thompson

Seconded by Councillor R. Jellett

 

That Item 2 of Transportation Committee Report 37B, “Amendment to Use and Care of Roads By-law Re Nuisance on City Streets” be referred back to Transportation Committee for discussion of possible zones and times for the nuisance provisions of the By-law. 

 

                                                                                                REFERRAL CARRIED

 

 

Motion to Resolve In Camera

 

Council resolved In-Camera earlier in the meeting, however, the matters dealt with are shown below for ease of reference

 


MOTION NO. 85/7

 

Moved by Councillor R. Bloess

Seconded by Councillor E. El-Chantiry

 

BE IT RESOLVED that Council waive the Rules of Procedure to receive a briefing In Camera, from the City Clerk and Solicitor on matters related to Ontario Municipal Board Appeals to Official Plan Amendment 76 and that Council resolve In Camera pursuant to Procedure By-law 2006-462, Subsections 13 (1) (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 necessary for that purpose.

 

BE IT FURTHER RESOLVED that Council resolve In Camera pursuant to Subsections 13. (1) (a) the security of the property of the City, (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 potential legal issues related the Ottawa Baseball Stadium, in accordance with the direction given by Council at its meeting of 10 February 2010.

 

                                                                                                            CARRIED

 

Council resolved In Camera at 1:18 p.m.

 

IN CAMERA SESSION

 

IN COUNCIL

 

Council resumed in open session at 4:25 p.m.

 

Upon resuming in open session, Mayor O’Brien indicated Council had met In Camera to receive an update on issues related to the Ottawa Baseball Stadium and the Ontario Municipal Board Appeals to Official Plan Amendment 76.  There were no votes taken other than to give direction to staff or to deal with procedural matters.

 

 


Additional Items

 

    

                ONTARIO MUNICIPAL BOARD APPEALS – OFFICIAL PLAN AMENDMENT 76

 

 

MOTION NO. 85/8

 

Moved by Councillor P. Hume

Seconded by Councillor R. Jellett

 

That the City Clerk and Solicitor and the Deputy City Manager Infrastructure Services and Community Sustainability be directed to defend the City Council decision of June 10, 2009.

 

CARRIED on a division of 17 YEAS to 3 NAYS as follows:

 

YEAS (17):     Councillors P. Hume, M. Bellemare, R. Chiarelli, J. Legendre, G. Brooks, D. Deans, C. Doucet, M. Wilkinson, B. Monette, R. Jellett, C. Leadman, J. Harder, S. Qadri, P. Feltmate, G. Bédard, A. Cullen and R. Bloess.

 

NAYS (3):      Councillors G. Hunter, D. Thompson and Mayor L. O'Brien.

 

 

    

                OTTAWA BASEBALL STADIUM

 

 

MOTION NO. 85/9

 

Moved by Councillor B. Monette

Seconded by Councillor S. Qadri

 

WHEREAS on February 10, 2010 City staff were given direction with regard to further negotiations with Ottawa Stadium Group Ltd. (“OSG”) for the proposed use of Ottawa Stadium for 2010 - 2011;

 

AND WHEREAS OSG signed on February 24, 2010 a proposed lease that was delivered to City Staff, the main financial, operational and default provisions of which City staff have outlined for Council;

 

AND WHEREAS OSG has now indicated that it intends to undertake a corporate restructuring to create a “New” OSG.

 

1.                  THEREFORE BE IT RESOLVED that the main financial, operational and default provisions in the proposed Lease between the City of Ottawa and the “New” OSG for the use of Ottawa Stadium at 300 Coventry Road for 2010 – 2011 are approved and ratified subject to “New” OSG providing to the City on or before 5 p.m. on Friday, February 26, 2010 the following:

 

a.                  The provision of a letter of credit in favour of the City in the amount of $108,000 to the satisfaction of the Director, Real Estate and Partnership Development Office;

 

b.                  The provision of written confirmation from the various utilities for the Stadium, including water/sewer, that satisfactory security arrangements have been put in place for these accounts;

 

c.                   Proof of insurance coverage as required by the lease is in place prior to execution of the lease by the City;

 

d.         The receipt of satisfactory credit bureau reports on all directors, officers and share holders of the “New” OSG;

 

e.         Confirmation satisfactory to the City of Ottawa, in its sole discretion that the “New” OSG is a valid and subsisting corporation duly incorporated under the laws of the Province of Ontario or Canada.

 

2.         THEREFORE BE IT FURTHER RESOLVED THAT in the event that the “New” OSG has not complied with the above requirements on or before 5 p.m. on Friday, February 26, 2010, the Parks and Recreation and Cultural Services Department be directed to allocate the Ottawa Stadium field for the 2010 season (May to October); and

 

a.         That field use be allocated under Council approved fees for Community Sportsfields at 1A Level; and

 

b.         That Council approve an additional net operating requirement of $60,000 to facilitate community programming to be funded for 2010 from the One-time and Unforeseen account.

 

 

Motion No. 85/9 was put to Council and divided for voting purposes.

 

Recommendation 1 CARRIED on a division of 12 YEAS to 7 NAYS as follows:

 

YEAS (12):     Councillors R. Chiarelli, G. Brooks, M. Wilkinson, B. Monette, R. Jellett, C. Leadman, J. Harder, S. Qadri, G. Hunter, A. Cullen, R. Bloess and D. Thompson.

 

NAYS (7):      Councillors P. Hume, M. Bellemare, J. Legendre, D. Deans, C. Doucet, P. Feltmate and G. Bédard.

 

Recommendation 2 CARRIED.

 

Motion to Adopt Reports

 

MOTION NO. 85/10

 

Moved by Councillor A. Cullen

Seconded by Councillor S. Qadri

 

That the Office of the Auditor General (OAG) – 2008 Annual Report and 2008 Detailed Audit Reports; 2009 Interim Follow-Up to the 2008 Audit of the Parking Function and Audit of the Incremental Costs of the Transit Strike 2008-2009; Agriculture and Rural Affairs Committee Report 50; Audit, Budget and Finance Committee Report 6; Community and Protective Services Committee Report 50; Corporate Services and Economic Development Report 51B; Planning and Environment Committee Reports 64A and 65, Transit Committee Report 36, Transportation Committee Report 37B, be received and adopted as amended.

 

                                                                                                            CARRIED

 

Motions of Which Notice has Been Given Previously

 

MOTION NO. 85/11

 

Moved by Councillor D. Deans

Seconded by Councillor P. Feltmate

 

WHEREAS in 1908 the first Women’s Day was held in the United States, accompanied by large demonstrations in which women demanded political and economic rights, as well as the right to vote;

 

AND WHEREAS in 1910 women delegates from around the world met in Copenhagen to propose that Women’s Day become an internationally recognized event;

 

AND WHEREAS the first International Women’s Day was held in 1911;

 

AND WHEREAS in 1997, the United Nations officially called for all countries to mark a day for the recognition of women’s equality;

 

THEREFORE BE IT RESOLVED THAT Ottawa City Council declare March 8, 2010, to be International Women’s Day in the City of Ottawa.

 

                                                                                                            CARRIED

 

MOTION NO. 85/12

 

Moved by Councillor B. Monette

Seconded by Councillor R. Chiarelli

 

WHEREAS the City of Ottawa is a proud participant in the 100th Anniversary Celebrations of the Canadian Navy; and

 

WHEREAS the City of Ottawa is grateful of the Navy’s commemorative gifts to the people of the City of Ottawa, including prints of the HMCS Ottawa, HMCS Eastview, HMCS Gloucester and HMCS Rockcliffe; and

 

WHEREAS the City of Ottawa has not made a final decision on the permanent placement of the prints;

 

THEREFORE BE IT RESOLVED that the Navy prints be offered for display to the Royal Canadian Legion Branches of the City of Ottawa, on a temporary basis, to enable an increased opportunity for all residents to share in Ottawa’s naval heritage.

 

                                                                                                            CARRIED

 

MOTION NO. 85/13

 

Moved by Councillor R. Chiarelli

Seconded by Councillor S. Desroches

 

WHEREAS the urban boundary proposed by staff and adopted by The Planning and Environment committee on May 26, 2009 recommended an expansion of the urban boundary to accommodate projected growth in the city of Ottawa over the next 25 years and this recommendation by Committee came after the receiving of over 270 public submissions; and

 

WHEREAS, when the Comprehensive Five-Year Review Of The Official Plan - Public Meeting ACS2009-ICS-PLA-0080 was debated at Council on June 10, 2009 several motions were adopted that had the effect of reducing the recommended expansion of the urban boundary; and

 

WHEREAS this decision is now being appealed and part of the basis of that appeal are the amending motions that were adopted by Council on June 10, 2009 reducing the urban boundary and in effect removing select lands for development;

 

THEREFORE BE IT RESOLVED that Council approve that the urban boundary be defined as described in the original Joint Planning and Environment and Agriculture and Rural Affairs Committee Report #1 - Comprehensive Five-Year Review Of The Official Plan - Public Meeting (ACS2009-ICS-PLA-0080). 

 

                                                                                                            WITHDRAWN

 

 

Motions Requiring Suspension of the Rules of Procedure

 

MOTION NO. 85/14

 

Moved by Councillor R. Jellett

Seconded by Councillor G. Bédard

 

That the Rules of Procedure be waived to consider the following due to tight timelines:

 

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 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 1 – March 28, 2010 in the event that both the Mayor and Deputy Mayor are absent.

 

                                                                                                            CARRIED

 


MOTION NO. 85/15

 

Moved by Councillor R. Bloess

Seconded by Councillor G. Bédard

 

That the Rules of Procedure be suspended to consider and approve the following motion, as the passage of new provincial legislation that will bring about governance changes to the Board of Health appears to be imminent and it is important that Council's opinion and direction on this issue be in place before the legislation passes.

 

WHEREAS City Council on June 24th, 2009 approved a new model for a Board of Health as part of the Mid-Term Governance Report;

AND WHEREAS the City Clerk and Solicitor was directed to proceed with an application to the Province of Ontario to amend the City of Ottawa Act, 1999 to implement the new model;

AND WHEREAS Bill 194, a Private Member’s Bill introduced by MPP Naqvi,  seeks to amend the City of Ottawa Act, 1999, to establish an independent Board of Health and has received First Reading in the Legislature;

AND WHEREAS the structure of  the Board of Health in this Bill reflects the new model approved by City Council;

AND WHEREAS the model for a Board of Health approved by City Council and Bill 194 both require that the City of Ottawa will provide to the Board of Health public health unit employees who shall remain City of Ottawa employees;

AND WHEREAS the City of Ottawa adopted a Bilingualism Policy on May 9th, 2001 which recognizes the bilingual character of the City of Ottawa and the right of citizens and municipal employees to choose the official language in which they wish to receive municipal services and enacted By-law No. 2001-170;

THEREFORE BE IT RESOLVED THAT City Council confirm that all City employees who work for and provide services to the Board of Health will continue to be subject to the City’s Bilingualism Policy; and

BE IT FURTHER RESOLVED THAT City Council request the Province include a provision in the amendment to the City of Ottawa Act 1999 regarding the establishment of the Board of Health that the Board of Health be subject to the City’s Bilingualism Policy.

 

                                                                                                            CARRIED

 

 

By-laws

 

First and Second Readings

 

The following by-law was given first and second readings:

 

A by-law of the City of Ottawa to provide for the abandonment of the Morold Municipal Drain and the partial relocation, improvement and future maintenance of drainage works in the City of Ottawa – Dowdall Municipal Drain

 

                                                                                                                            Three Readings

 

MOTION NO. 85/16

 

Moved by Councillor A. Cullen

Seconded by Councillor G. Hunter

 

That the following by-laws be enacted and passed.

 

2010 - 52                  A by-law of the City of Ottawa to amend By-law No. 2007-338 to appoint Municipal Law Enforcement Officers in the Rail, Safety and Development Branch of the Transit Services Department.

 

2010 - 53                  A by-law of the City of Ottawa to designate certain lands at 1555 to 1565 Johnston Road as being exempt from Part Lot Control.

 

2010 - 54                  A by-law of the City of Ottawa to designate certain lands at 248, 264 Keyrock Drive, 1000, 1019, 1044 Ottenbrite Crescent and 1101, 1106, 1160, 1165 Tischart Crescent as being exempt from Part Lot Control.

 

2010 - 55                  A by-law of the City of Ottawa to amend By-law No. 2008-250 of the City of Ottawa to change the zoning of the lands known municipally as 1492, 1496 and 1500 Caledon Street and 1480 Alta Vista Drive.

 

2010 - 56                  A by-law of the City of Ottawa to amend By-law No. 2008-250 of the City of Ottawa to change the zoning and zone provisions of lands known municipally as 1539 Stittsville Main Street and 4 Orville Street.

 

2010 - 57                  A by-law of the City of Ottawa to amend By-law No. 2008-250 of the City of Ottawa to change the zoning of lands known municipally as 1630 Startop Road.

 

2010 - 58                  A by-law of the City of Ottawa to amend By-law No. 2008-250 of the City of Ottawa to change the zoning of lands known municipally as 2500 Forced Road.

 

2010 - 59                  A by-law of the City of Ottawa to amend By-law No. 2008-250 of the City of Ottawa to change the zoning of lands known municipally as 2380 Magladry Road.

 

2010 - 60                  A by-law of the City of Ottawa to amend By-law No. 2008-250 of the City of Ottawa to change the zoning of lands known municipally as 314, 316 and part of 318 Abbeydale Circle.

 

2010 - 61                  A by-law of the City of Ottawa to amend By-law No. 2008-250 of the City of Ottawa to change the zoning of lands known municipally as 3358 and 3362 Carling Avenue.

 

2010 - 62                  A by-law of the City of Ottawa to amend By-law No. 2008-250 of the City of Ottawa to change the zoning of lands known municipally as 280 Didsbury Road.

 

2010 - 63                  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.

 

2010 - 64                  A by-law of the City of Ottawa to amend Volume 2B of the Official Plan for the City of Ottawa regarding the Kanata Town Centre Site-Specific Policies and the property known municipally as 280 Didsbury Road.

 

2010 - 65                  A by-law of the City of Ottawa to amend By-law No. 2007-268 respecting fees and charges for public transit services.

 

2010 - 66                  A by-law of the City of Ottawa to amend By-law No. 2009-231 respecting delegation of authority for debt issues.

 

2010 - 67                  A by-law of the City of Ottawa to amend By-law No. 2006-462 respecting the Debenture Committee.

 

2010 - 68                  A by-law of the City of Ottawa to amend By-law No. 2003-499 respecting fire routes.

 

                                                                                                            CARRIED

 

 


Confirmation By-law

 

MOTION NO. 85/17

 

Moved by Councillor A. Cullen

Seconded by Councillor G. Hunter

 

THAT By-law 2010-69 to confirm the proceedings of Council be enacted and passed.

 

                                                                                                            CARRIED

 

Inquiries

 

From Councillor M. Wilkinson with respect to an update on past audits by the Auditor General relating to Information Technology Services.

 

From Councillor G. Bédard with respect to Business Improvement Areas (BIAs) Not for Profit status.

 

From Councillor G. Bédard with respect to Heritage Demolition by Neglect.

 

From Councillor C. Doucet with respect to Wading Pool Hours of Operation.

 

From Councillor C. Doucet with respect to the convening of an Intergovernmental Source Water Protection Committee for Ottawa River.

 

From Councillor P. Feltmate with respect to peer reviews and audits.

 

 

Adjournment

 

Council adjourned the meeting at 6:40 p.m.

 

 

 

 

 

 

 

 

 

 

CITY CLERK

 

MAYOR