OTTAWA CITY COUNCIL

24 november 2010

ANDREW S. HAYDON HALL

10:00 a.m.

 

MINUTES 100

 

The Council of the City of Ottawa met at Andrew S. Haydon Hall, 110 Laurier Avenue West, Ottawa, on 24 November 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 Samantha Testa.

 

 

Announcements/Ceremonial Activities

 

Recognition – Len Cregan Day

 

Mayor O’Brien presented Mr. Len Cregan with a proclamation declaring November 24, 2010 as Len Cregan Day in the City of Ottawa in recognition of Mr. Cregan’s over 38 years of service to the City of Ottawa.  

 

Presentation – Outgoing Councillors

 

Mayor O’Brien presented each outgoing Councillor with a framed photograph of a specific place meaningful to him/her.

 

Kent Kirkpatrick, City Manager, presented Mayor O’Brien with a collage of photographs commemorating the Mayor’s four years in office.

 

 

Roll Call

 

ALL MEMBERS WERE PRESENT.

 

 


Confirmation of Minutes

 

The Minutes of the regular meeting of 6 October 2010 were confirmed.

 

 

Declarations of interest including those originally arising from prior meetings

 

No declarations were received.

 

 

Communications

 

The following communications were received:

 

·         Association of Municipalities of Ontario (AMO):

·         Minister of the Environment Makes Decision on Management of Municipal Hazardous and Special Waste

·         AMO Welcomes Court Decision on Bank Tower Assessment

·         Fall Economic Statement Preserves Upload Schedule for Municipalities

 

·         Responses to Inquiries

·         26-10 - DOTT Cost Update

·         30-10 - Federal and Provincial letters to Council regarding funding for the tunnel project

·         31-10 - Environmental Assessment for the tunnel

·         32-10 - Highway 7 Service Road

·         33-10 - Resource Management Plan for the Marlborough Forest

·         35-10 - Light Rail Transit Tunnel Environmental Assessment

·         36-10 - Legal concerns regarding the Deans/Wilkinson Motion

·         37-10 - Blue Brute PVC Water Pipe

 

The City received the following communications:

 

·         Correspondence dated 27 October 2010, received from the Honourable Leona Dombrowsky, Minister of Education with respect to Full-day Kindergarten and Child Care.

 

·         Correspondence dated 4 November 2010, received from Dan Mathieson, Chair, Municipal Property Assessment Corporation Board of Directors, with regard to the Court of Appeal Decision – Toronto Bank Towers

 

 

Regrets

 

No regrets were filed.

 

Motion to Introduce Reports

 

MOTION NO. 100/1

 

Moved by Councillor R. Bloess

Seconded by Councillor M. McRae

 

That the Agriculture and Rural Affairs Committee Report 63, be received and considered.

 

And that the Rules of Procedure be suspended to receive the report from the City Manager entitled “2010-2014 Council Governance Review”; and to receive and consider the City Clerk and Solicitor’s report entitled “Status Update – Council Inquiries and Motions for the Period Ending 19 November 2010”; the Deputy City Manager, Infrastructure Services and Community Sustainability’s Report entitled “Economic Stimulus Fund – Status Update Q3 2010” and Corporate Services and Economic Development Committee Report 60, due to the fact that this is the last meeting of this term of Council and the new Council will not be dealing with regular items of business until January 2011.

 

                                                                                                            CARRIED

 

 

City Manager

 

 

2010-2014 COUNCIL GOVERNANCE REVIEW

 

EXAMEN DE LA GESTION PUBLIQUE DU CONSEIL DE 2010 À 2014

 

 

 

REPORT RECOMMENDATIONS

 

1.            That, at its meeting on 24 November 2010, the 2006-2010 Council receive and table the “2010-2014 Council Governance Review” report.

 

2.            That, at its meeting of 8 December 2010, the 2010-2014 Council consider and approve the recommendations as set out in the report.

 

                                                                                                             RECEIVED and TABLED

 

 


City Clerk and Solicitor

 

 

                Status Update – Council Inquiries and Motions for the Period Ending 19 November 2010

 

RAPPORT DE SITUATION – DEMANDES DE RENSEIGNEMENTS ET MOTIONS DU CONSEIL POUR LA PÉRIODE SE TERMINANT LE 19 novembre 2010

 

 

REPORT RECOMMENDATION

 

That Council receive this report for information.

 

                                                                                                             RECEIVED

 

Deputy City Manager, Infrastructure Services and Community Sustainability’s Report

           

 

                Economic Stimulus Fund – Status update Q3 2010

 

programme du fonds de stimulation Économique – rapports d’Étape

 

 

REPORT RECOMMENDATION

 

That Council receive this Economic Stimulus Fund (ESF) status update report.

 

                                                                                                             RECEIVED

 

 

Committee Reports

 

AGRICULTURE AND RURAL AFFAIRS COMMITTEE REPORT 63

 

 

 

1.             APPLICATION TO ALTER THE SAVERY HOUSE, 3856 LOGGERS WAY,
A PROPERTY DESIGNATED UNDER PART IV OF THE ONTARIO HERITAGE ACT

 

DEMANDE EN VUE DE MODIFIER LA MAISON SAVERY, PROPRIÉTÉ DÉSIGNÉE EN VERTU DE LA PARTIE IV DE LA LOI SUR LE PATRIMOINE DE L’ONTARIO ET SITUÉE
AU 3856, VOIE lOGGERS

 

 

COMMITTEE RECOMMENDATIONS

 

That Council:

 

1.         Approve the application to alter 3856 Loggers Way, in accordance with plans submitted by Richard White, Richard White Architect as received on October 4, 2010.

 

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: The statutory 90-day timeline for consideration of this application under the Ontario Heritage Act will expire on January 2, 2011.)

 

(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

 

 

2.             COMPREHENSIVE ZONING BY-LAW 2008-250 –
ANOMALIES AND MINOR CORRECTIONS – FOURTH QUARTER 2010

 

RÈGLEMENT DE ZONAGE GÉNÉRAL 2008-250 : ANOMALIES
ET CORRECTIONS MINEURES –QUATRIÈME TRIMESTRE 2010

 

 

 

PLANNING AND ENVIRONMENT COMMITTEE RECOMMENDATIONs AS AMENDED

 

1.                  That Council approve the amendments recommended in Column 3 of Documents 1 and 3 to correct anomalies in Zoning By-law 2008-250; as amended by the following:

 

Amend Column III of Document 1, regarding Section 197 (10) – Traditional Mainstreet Zone, to 1) add a comma after the first use of the word “lot”, and a second comma after the second use of the word “lot” in the first sentence; 2) immediately following the word “block”, add the wording: “, or on a lot on the opposite side of the public street on which the use requiring the parking is located”; and 3) to delete the second sentence in its entirety, so that the clause would now read:

 

“Despite any requirements to the contrary, parking for a use required on one lot, may be located on another lot, but must be in the same city block, or on a lot on the opposite side of the public street on which the use requiring the parking is located.”

 

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

 

                                                                                                CARRIED

 

AGRICULTURE AND RURAL AFFAIRS COMMITTEE recommendations As amended

 

2.         That Council approve the amendments recommended in Column 3 of Documents 2 and 3, to correct anomalies in Zoning By-law 2008-250, as amended by the following:

 

That report number ACS2010-ICS-PGM-0192 be amended by:

 

1)         Amending Column III of Document 2, regarding the Item entitled “Lands along Armitage Avenue; Registered Plan 418”, by replacing all of the text in Column III with the following text:

 

“Amend the Zoning Map to rezone the subject lands as shown in Document 4 as follows:

 

Area A from RR15 [343r] to RR15 [xxxr];

Area B from RR11 [343r] to RR11 [xxxr];

Area C from RR11[343r] to RR11 [xxyr];

Area D from RR5 [343r] to RR11 [xxyr];

Area E from RR5 [343r] to RR5 [xxxr]; and,

Area F from RR5 [343r] to RR13 [343r].

 

Add the following new Exceptions and provisions to Section 240 – Rural Exceptions:

 

a)         Exception [xxxr] includes the following provisions:

·         minimum lot width 15 m

·         minimum lot area 1000 m2

·         minimum interior side yard 3m

·         despite the definition of lot width in Section 54, lot width is the distance between the side lot lines measured along the front lot line

 

b)         Exception [xxyr]includes the following provisions:

·         minimum lot width 9 m

·         minimum lot area 900 m2

·         despite the definition of lot width in Section 54, lot width is the distance between the side lot lines measured along the front lot line

 

2)         Replace the Location Map/Zoning Key Plan map for Armitage Avenue in Document 4 with the attached Location Map/Zoning Key Plan, and;

 

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

 

                                                                                                             CARRIED

 

 

 

3.            ZONING - 7510, 7527, 7550, 7564, 7574, 7577, 7586, 7601, 7606 VILLAGE CENTRE PLACE AND 1438 WATER’S EDGE WAY (BLOCKS 61, 62, 63, 64, 65, 66, 69, 70, 73, 74 PLAN 4M-1398)

 

ZONAGE – 7510, 7527, 7550, 7564, 7574, 7577, 7586, 7601 et 7606, PLACE VILLAGE CENTRE ET 1438, VOIE WATER'S EDGE (ÎLOTS 61, 62, 63, 64, 65, 66, 69, 70, 73 et 74, PLAN 4M-1398)

 

 

COMMITTEE RECOMMENDATION

 

(This application is subject to the provisions of Bill 51.)

 

That Council approve amendments to the Zoning By-law, 2008-250 to change the zoning of 7510, 7527, 7550, 7564, 7574, 7577, 7586, 7601, 7606 Village Centre Place and 1438 Water’s Edge Way (Blocks 61, 62, 63, 64, 65, 66, 69, 70, 73, 74 PLAN 4M-1398) as shown in Document 1 and as detailed in Document 2.

 

                                                                                                             CARRIED

 


 

 

4.           Parking provisions in Zoning By-law 2008-250 –
Parking in Rural Areas

 

DISPOSITIONS RELATIVES AU STATIONNEMENT DANS LE RÈGLEMENT DU ZONAGE 2008-250 - STATIONNEMENT DANS LES ZONES RURALES

 

 

 

COMMITTEE RECOMMENDATION

 

That Council approve that staff be directed to review the by-law prohibiting parking on front lawns in rural areas by owners.

 

                                                                                                             CARRIED

 

 

Corporate Services and Economic Development Committee Report 60

 

 

1.             DELEGATION OF AUTHORITY – CONTRACTS AWARDED FOR THE PERIOD APRIL 1 TO JUNE 30, 2010, AND LEGAL OUTSOURCING COSTS

 

DÉLÉGATION DE POUVOIR – CONTRATS ACCORDÉS POUR LA PÉRIODE DU 1er AVRIL AU 30 JUIN 2010 ET FRAIS LÉGAUX D’IMPARTITION

 

 

COMMITTEE RECOMMENDATION

 

That Council receive this report for information.

 

                                                                                                             RECEIVED

 

 

Direction to Staff

 

That the City Clerk and Solicitor be directed to report back to Council at its next regular meeting, on the possibility of providing to Council at every meeting, an update on legal costs associated with litigation. 

 

 


Motion to Adopt Reports

 

MOTION NO. 100/2

 

That the report from the City Clerk and Solicitor entitled “Status Update – Council Inquiries and Motions for the Period Ending 19 November 2010”; the Deputy City Manager, Infrastructure Services and Community Sustainability’s Report entitled “Economic Stimulus Fund – Status Update Q3 2010”, Agriculture and Rural Affairs Committee Report 63 and Corporate Services and Economic Development Committee Report 60, be received and adopted as amended.

 

                                                                                                             CARRIED

 

 

Motions of Which Notice has been Given Previously

 

MOTION NO. 100/3

 

Moved by Councillor C. Leadman

Seconded by Councillor D. Holmes

 

WHEREAS the Byron Linear Park is an important community facility;

 

AND WHEREAS at the Council Meeting of November 19th and 22nd, 2010, during the consideration of the rezoning proposal for 114 Richmond Road, Council confirmed this importance by providing that an access over the Byron Linear Park would not be permitted; and

 

AND WHEREAS portions of the Byron Linear Park have not yet been formally dedicated;

 

THEREFORE BE IT RESOLVED THAT the City Clerk and Solicitor be directed to list on an agenda of Council at the earliest possible opportunity a by-law dedicating the balance of the Byron Linear Park.

 

CARRIED, with Councillor G. Hunter dissenting.

 


MOTION NO. 100/4

 

Moved by Councillor R. Chiarelli

Seconded by Councillor A. Cullen

 

BE IT RESOLVED THAT COUNCIL waive the City's fees associated with the relocation of three evacuee homes on the site of the Parkbridge Mobile Home Park - homes being relocated in compliance with the City's evacuation order at the site.

 

                                                                                                             WITHDRAWN

 

MOTION NO. 100/5

 

Moved by Councillor S. Qadri

Seconded by Councillor B. Monette

 

BE IT RESOLVED THAT the Planning and Growth Management Department be directed to bring forward a report in January 2011 to provide for a work plan to develop either,

 

A)     Site specific design guidelines for Stittsville Main Street; or

B)     A community design plan for Stittsville Main Street

 

Together with a recommendation from the Department as to which of the above is considered most appropriate to provide for establishing a development framework for Stittsville Main Street.

 

                                                                                                             CARRIED

 

Motions Requiring Suspension of the Rules of Procedure

 

 

MOTION NO. 100/6

 

Moved by Councillor G. Hunter

Seconded by Councillor J. Harder

 

THAT the Rules of Procedure be suspended to consider this motion, due to the urgency of the matter and the fact that this is the last meeting of this term of Council.

 

                                                                                                             CARRIED

 

WHEREAS Report No. ACS2007-PTE-APR-0214 recommended that Committee and Council approve a change of zoning of the lands known municipally as 1989 and 1993 Prince of Wales Drive; and

 

AND WHEREAS By-law No. 2008-17 was passed by Council on January 9, 2008; and

 

AND WHEREAS By-law No. 2008-17 was appealed to the Ontario Municipal Board; and

 

AND WHEREAS through mediation a settlement in principle, regarding revisions to certain of the zoning provisions in By-law No. 2008-17, was agreed upon by the parties involved; and

 

AND WHEREAS the Ontario Municipal Board on September 10, 2010 advised that the appeals to By-law No. 2008-17 were withdrawn;

 

THEREFORE BE IT RESOLVED THAT Council approve the following:

 

1.      That By-law No. 2008-17 be repealed.

2.      That Council approve a replacement by-law containing the agreed upon zoning provisions in the form attached to this Motion.

 

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

 

                                                                                                            CARRIED

 

MOTION NO. 100/7

 

Moved by Councillor J. Legendre

Seconded by Councillor G. Bédard

 

THAT the Rules of Procedure be suspended to consider this motion, due to the fact that this is the last meeting of this term of Council.

 

WHEREAS some 8 to 10 students at La Cité collégiale were prevented from sitting the firefighters’ exam in September because a course they successfully completed over a week-end was in fact provided by a professor whose credentials, though recognized in Québec, is not recognized by the WSIB in Ontario; and

 

WHEREAS these students have completed an intensive year-long course in order to best prepare to succeed in the fire-fighter selection process and have thereby shown the extent of their commitment to this challenging career;

 

THEREFORE BE IT RESOLVED that these students be allowed to sit this exam, at their cost, and, if successful, be considered part of the qualified pool of candidates for the next round of hires once they have completed all of the recognized courses.

 

Pursuant to Subsection 1 (2) of Procedure By-law 2006-462, waiver of the Rules of Procedure LOST on a division of 6 YEAS to 16 NAYS (17 votes required) as follows:

 

YEAS (6):       Councillors A. Cullen, M. Bellemare, B. Monette, J. Legendre, R. Jellett and Mayor L. O'Brien.

 

NAYS (16):    Councillors D. Deans, P. Hume, S. Desroches, D. Holmes, G. Hunter, G. Brooks, D. Thompson, G. Bédard, R. Chiarelli, R. Bloess, M. Wilkinson, C. Leadman, E. El-Chantiry, P. Feltmate, S. Qadri and M. McRae.

 

 

Notices of Motion (For Consideration at Subsequent Meeting)

 

MOTION

 

Moved by Councillor M. Wilkinson

Seconded by Councillor S. Qadri

 

WHEREAS the City of Ottawa website states that “Urban natural areas are an important element of the urban landscape. They contribute significantly to public health, community enjoyment, property values, and many areas sustain regionally and even provincially important natural features and values. The Urban Natural Areas Environmental Evaluation Study (UNAEES) was commissioned in 2002 to fulfill the Official Plan direction and provide an important contribution to the Greenspace Master Plan”; and

 

WHEREAS the nine criteria used as the Evaluation Framework for this study were, Connectivity, Absence of Disturbance, Habitat Maturity, Natural Communities, Regeneration, Representative Flora, Significant Flora and Fauna, Size and Shape and Wildlife Habitat are all fully met in the South March Highlands, including the remaining KNL subdivision lands; and

 

WHEREAS the UNAEES study was underway prior to the City of Ottawa approving a subdivision on the KNL sensitive lands but this was ignored in deliberations on the development plan; and

 

WHEREAS other areas that were identified for acquisition are also urban development lands that are now being acquired at a price that is not significantly different from the cost of acquiring the KNL lands; and

 

WHEREAS it is important that the City meet its objectives to preserve the most important ecological areas wherever possible;

 

THEREFORE BE IT RESOLVED that the City of Ottawa immediately undertake a review of all natural areas involved in the original Urban Natural Areas Environmental Evaluation Study (UNAEES) which received a high evaluation number and report back to Council on how to protect these  lands within the urban setting; and

 

BE IT FURTHER RESOLVED the review also include any areas in lands which have been added to the urban boundary since that time and were not evaluated (e.g. Fernbank lands) as well as any other significant environmental areas that were considered but then excluded due to planning decisions, such as the South March Highlands.

 

 

MOTION

 

Moved by Councillor D. Holmes

Seconded by Councillor J. Harder

 

WHEREAS Parks form an essential part of the greenspace of the City of Ottawa; and

 

AND WHEREAS it has been demonstrated that some lands are being used by communities as park and are listed on the City’s Inventory of Parkland have not been formally dedicated as Parks;

 

THEREFORE BE IT RESOLVED THAT a by-law be enacted which formally dedicates all lands currently listed on the City’s Inventory of Parks as Parkland and that a report come forward to the appropriate Standing Committee in Q1 2011.

 

 


MOTION

 

Moved by Councillor R. Bloess

Seconded by Councillor B. Monette

 

WHEREAS the City of Ottawa is the sole shareholder of Hydro Ottawa Holding Inc. which provides electricity to more than 296,000 residential and business customers in the City as well as the village of Casselman, and

 

WHEREAS, in 2009, Hydro One Networks Inc. successfully applied to the Ontario Energy Board for an order granting Hydro One leave to sell certain distribution system assets located within Hydro Ottawa’s service area to Hydro Ottawa Limited (“Hydro Ottawa”), and

 

WHEREAS the proposed transaction was promoted as one which would enable Hydro Ottawa to improve operational flexibility and reliability while not adversely affecting the safety, reliability, quality of service or operational flexibility for other customers of Hydro One, and

 

WHEREAS local MPP Phil McNeely, in spite of the provincial government’s recent imposition of significant additional energy taxes, has declared himself to be a proponent of “fair hydro prices for all residents” and promised in 2002 that he himself would oversee the transfer of Hydro One customers to Hydro Ottawa to facilitate the provision of better and less costly service for these customers, and

 

WHEREAS the HST and various levies and charges are causing financial hardship to many residents,

 

BE IT RESOLVED THAT these Hydro One customers be transferred to Hydro Ottawa at no cost in accordance with Mr. McNeely's promise of eight years ago.

 

 


Motion to Introduce By-laws                                                          Three Readings

 

MOTION NO. 100/8

 

Moved by Councillor R. Bloess

Seconded by Councillor M. McRae

 

That the following by-laws be enacted and passed.

 

2010 - 372              A by-law of the City of Ottawa to establish certain lands as common and public highway and assume it for public use (Rothesay Drive, Castlefrank Road, Post Road and Old Colony Road).

 

2010 - 373              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 7510, 7527, 7550, 7564, 7574, 7577, 7586, 7601 and 7606 Village Centre Place and 1438 Water's Edge Way.

 

2010 - 374              A by-law of the City of Ottawa to amend By-law No. 2003-499 respecting fire routes.

 

2010 - 375              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 - 376              A by-law of the City of Ottawa to amend By-law No. 2008-250 of the City of Ottawa to amend technical anomalies and make minor corrections.

 

2010 - 377              A by-law of the City of Ottawa to amend By-law No. 2008-250 of the City of Ottawa to amend technical anomalies and make minor corrections.

 

2010 - 378              A by-law of the City of Ottawa to amend By-law No. 2008-250 of the City of Ottawa to repeal By-law No. 2008-17 and to change the zoning for the properties known municipally as 1989 and 1993 Prince of Wales Drive.

 

                                                                                    CARRIED

 

 


Confirmation By-law

 

MOTION NO. 100/9

 

Moved by Councillor R. Bloess

Seconded by Councillor M. McRae

 

THAT By-law 2010-379 to confirm the proceedings of Council be enacted and passed.

 

                                                                                                            CARRIED

 

Inquiries

 

From Councillor E. El-Chantiry with respect to unopened roads in the rural area.

 

From Mayor O’Brien with respect to the new Council being fully briefed on the success of Telework in the City of Ottawa.

 

 

Adjournment

 

Council adjourned the meeting at 12:15 p.m. with the following Members present:

 

Councillors A. Cullen, D. Deans, P. Hume, M. Bellemare, S. Desroches, D. Holmes, G. Hunter, G. Brooks, D. Thompson, B. Monette, G. Bédard, R. Chiarelli, R. Bloess, M. Wilkinson, C. Leadman, E. El-Chantiry, J. Legendre, J. Harder, P. Feltmate, R. Jellett, S. Qadri, M. McRae and Mayor L. O'Brien.

 

 

 

 

 

 

 

 

CITY CLERK

 

MAYOR