OTTAWA CITY COUNCIL

23 APRIL 2008

ANDREW S. HAYDON HALL

10:00 a.m.

MINUTES 35

The Council of the City of Ottawa met at Andrew S. Haydon Hall, 110 Laurier Avenue West, Ottawa, on 23 April 2008 at 10:00 a.m.

The Mayor, Larry O’Brien, presided and the Clerk led Council in prayer.

The National Anthem was performed by Marta Nuijten.

MOMENT OF SILENCE – national day of mourning

Mayor O’Brien announced that April 28^th was the National Day of Mourning. A Moment of Silence was observed to commemorate those workers who have been injured or who have lost their lives in the workplace.

Announcements/Ceremonial Activities

RECOGNITION - ADMINISTRATIVE PROFESSIONALS DAY

Mayor O’Brien proclaimed Wednesday, April 23, 2008 as Administrative Professionals Day in the City of Ottawa. Ms. Sharron Buttler, President-Elect, Ontario Division, International Association of Administrative Professionals accepted the proclamation from Mayor O’Brien.

PRESENTATION - ROYAL OTTAWA MENTAL HEALTH CENTRE

Mr. Tim Kluke, President and Chief Executive Officer of the Royal Ottawa Foundation for Mental Health, thanked City Council for the significant contribution made to the Royal Ottawa Health Care Group.

Roll Call

ALL MEMBERS WERE PRESENT.

Confirmation of Minutes

The Minutes of the regular meeting of 9 April 2008 were confirmed.

Declarations of pecuniary interest including those originally arising from prior meetings

No Declarations of Interest were filed.

Communications

The following communications were received:

· Association of Municipalities of Ontario (AMO) Alerts :

· Reminder - AMO Climate Change Task Force Expressions of Interest - Due May 2, 2008

· AMO Report to Members on March 2008 Board Meeting

· Reminder - Federal Gas Tax Award Deadline May 16, 2008

· List of Outstanding Inquiries to 31 March 2008

Regrets

No regrets were filed.

Postponements and Deferrals

Executive Director, Business Transformation Services’ Report

1. POST-BUDGET CITY STRATEGIC PLAN (TERM OF COUNCIL 2007-2010)

REPORT RECOMMENDATION

That Council approve the amended version of the City Strategic Plan (Term of Council 2007-2010).

CITY COUNCIL 26/27 MARCH 2008

MOTION NO. 33/1

Moved by Councillor D. Holmes

Seconded by Councillor C. Doucet

That this item be deferred to the 23 April 2008 Council meeting.

DEFERRAL CARRIED

CITY COUNCIL 23 APRIL 2008

Executive Director, Business Transformation Services’ Report, Post-Budget City Strategic Plan (Term Of Council 2007-2010), was put to Council and CARRIED.

Motion to Introduce Reports

MOTION NO. 35/1

Moved by Councillor C. Doucet

Seconded by Councillor S. Qadri

That the report from the Auditor General entitled Office of the Auditor General - 2007 Audit of Carp River Watershed Study And Related Projects, be received and tabled; and

That the Agriculture and Rural Affairs Committee Report 21, Community and Protective Services Committee Reports 22A and 23, Corporate Services and Economic Development Committee Report 22, Planning and Environment Committee Report 28B, Transportation Committee and Transit Committee Joint Report 5 and Transportation Committee Report 17 be received and considered.

CARRIED

Tabling of the following report from the City Auditor General:

1. OFFICE OF THE AUDITOR GENERAL - 2007 AUDIT OF CARP RIVER WATERSHED STUDY AND RELATED PROJECTS.

REPORT RECOMMENDATION

That Council receive and table the 2007 Audit of the Carp River Watershed and Related Projects of the Office of the Auditor General at its meeting on April 23, 2008, for referral to the appropriate Standing Committee, and for subsequent consideration and approval of the audit recommendations by Council at its meeting on May 14, 2008.

That, at its meeting on May 14, 2008, Council refer all audit recommendations where management is in disagreement to the Council Audit Working Group for resolution.

RECEIVED AND TABLED to the Council meeting of 14 May 2008 and REFERRED by the following Motion:

MOTION NO. 35/2

Moved by Councillor A. Cullen

Seconded by Councillor S. Qadri

Be it resolved that the recommendations of the Auditor General’s Report - 2007 Audit of Carp River Watershed Study and Related Projects be referred to the Agriculture and Rural Affairs Committee meeting of 8 May 2008 and the Planning and Environment Committee meeting of 13 May 2008 and that the issue of potential Conflict of Interest with respect to consultants and the community lands development recommendations be referred to the Corporate Services and Economic Development Committee meeting of 6 May 2008;

And be it further resolved that the reports of all three Committees rise to the Council meeting of 14 May 2008.

CARRIED

AGRICULTURE AND RURAL AFFAIRS COMMITTEE REPORT 20

3. PETITIONS FOR THE INSTALLATION OF SANITARY SEWER INFRASTRUCTURE
AS LOCAL IMPROVEMENTS FOR HILLSIDE GARDENS AND CORE AREA IN THE VILLAGE OF MANOTICK

Committee RecommendationS as amended

That Council approve:

1. The construction of sanitary sewer infrastructure to and within Hillside Gardens on Long Island in the Village of Manotick, subject to approval of a By-Law to undertake the work as a Local Improvement in accordance with the Municipal Act;

2. A By-Law to undertake the construction of sanitary sewer infrastructure to the Core Area on the mainland of the Village of Manotick, subject to approval of a By-Law to undertake the work as a Local Improvement in accordance with the Municipal Act;

3. That staff proceed, to acquire the land required for the main pumping station and related pipe works, including expropriation if required, and;

4. That City staff be directed to submit a request for funding under the Building Canada Fund to both the Provincial and Federal governments immediately so that an application by the City could be considered as soon as the funding becomes available and that this application should focus on water and wastewater projects Citywide in areas that are not currently served with water or sewer infrastructure; and that the funding, if provided, should be used to offset both the resident's portion required through the local improvement charge and the City's portion of costs for future servicing areas, at the same percentage.

CARRIED on a division of 20 YEAS to 3 NAYS as follows:

YEAS (20): Councillors M. Bellemare, G. Hunter, J. Legendre, J. Harder, D. Deans, D. Holmes, B. Monette, D. Thompson, P. Feltmate, G. Bédard, R. Jellett, C. Leadman, C. Doucet, G. Brooks, M. Wilkinson, S. Desroches, M. McRae, A. Cullen, P. Hume and Mayor O’Brien.

NAYS (3): Councillors E. El-Chantiry, S. Qadri and R. Bloess.

MOTION NO. 35/3

Moved by Councillor C. Doucet

Seconded by Councillor G. Brooks

Whereas concern has been raised by the public in both the urban and rural communities about the logic of extending central services to outlying communities within and adjacent to the City of Ottawa as a response to environmental issues; and,

Whereas there must be a limit to the distance that municipal service pipes can be extended from an environmental and financial sustainability perspective;

Be it resolved that staff be directed to undertake a review of current alternative treatment and collection options for water and wastewater that would include a high level review of the types of situations where these technologies might be advantageous; and,

Be it further resolved that information on measures for environmental clean up be provided and considered at the time of future servicing requests that are a responding to environmental degradation.

MOTION NO. 35/4

Moved by Councillor R. Jellett

Seconded by Councillor D. Thompson

THEREFORE BE IT RESOLVED that Motion No. 35/3 be referred to the Rural Issues Advisory Committee and to the Planning and Environment Committee and the Agriculture and Rural Affairs Committee for discussion and debate, and to provide recommendations to Council for its final decision as part of the Rural Servicing Strategy and the Official Plan Review.

REFERRAL CARRIED

AGRICULTURE AND RURAL AFFAIRS COMMITTEE REPORT 21

1. RURAL ISSUES ADVISORY COMMITTEE -
2007 ANNUAL REPORT AND 2008 WORKPLAN

Committee Recommendations

That Council:

1. Receive the 2007 Annual Report of the Rural Issues Advisory Committee as detailed in Document 1; and

2. Approve the objectives contained in the Rural Issues Advisory Committee’s 2008 workplan, as detailed in Document 2.

CARRIED

2. REVISED DRAFT COMPREHENSIVE ZONING BY-LAW -
RURAL AREA AND GREENBELT: PUBLIC MEETING AND APPROVAL

Committee Recommendations as amended

That Council:

1. Approve modifications to the December 7, 2007 approved Draft Comprehensive Zoning By-law, Volume 1 (text) and Volume 2 (maps) brought forward by:

(a) submissions received after the November 22, 2008 Agriculture and Rural Affairs Committee public meetings, with staff recommendations as detailed in Document 1;

(b) staff recommendations including staff-identified changes and anomalies noted in Document 2;

(c) Submissions and staff recommendations received between March 7^th, 2008 and April 9^th, 2008, noted in Document 3;

(d) Adding an additional correction to Document 2, Correction # 10, that for the lands known as 5537 First Line Road be changed to a new subzone that reflects the minimum lot size of 1,950 m2 approved by By-law 2006-399;

(e) Adding an additional correction to Document 2, Correction # 11, that for the land at 5224 Bank Street zoned RG1[290r] the additional use permitted should be a lumber yard, and that a truck transport terminal be prohibited to reflect the existing zoning; and

(f) Direct staff review the following submissions with a view to providing motions for Council’s consideration as required:

1. Rideau Valley Conservation Authority – RVCA owned properties

2. Huntley Developments, Hidden Lake Subdivision Phase 3, Village of Carp

3. Double Deck Golf Centre Ltd – 560 Hazeldean Rd.

4. Central Canada Exhibition, 4980 Albion

5. Village Walk Subdivision, Salisbury Street, Carp

6. Karson Holdings, 3725 Carp

7. 7268 Parkway Road and related addresses (Sunset Lakes Development)

8. 6056 First Line Road (Alan McLeod)

9. 5600 First Line Road (Doug Dods)

10. 3100 Bankfield Road

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

2. Approve that the Draft Comprehensive Zoning By-law be revised by changing the proposed Rural Residential -RR3 and RR3[129r] zoning of parts of the property at 4900 Carp Road to the Rural – RU zone;

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

3. Approve that the Draft Comprehensive Zoning By-law be revised by amending the Rural Heavy Industrial [27r] exception zoning of the property at 5013 McNeely Road (part of Lot 20, Concession 6, former City of Cumberland) to add the additional permitted uses: detached dwelling and home-based business;

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

4. Approve that the City reinstate the following uses to the property located at 6155 Rockdale Road, recently rezoned to allow a School Bus Depot and Repair Facility with restrictions, as it is located in a wellhead area; Agricultural Supply Establishment, Automobile Convenience Station, Automobile Gasoline Bar, Automobile Repair Garage, Automobile Sales & Rental Establishment, Garden Centre, Nursery, Public Utilities Installation, Recreational Vehicle Sales & Storage;

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

5. Approve that the Draft Comprehensive Zoning By-law be revised by amending the Rural (RU) zoning of the property at 6160 First Line Road (owner R.V. Dams) to be given an exception that will prohibit agricultural use;

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

6. Direct staff to prepare the by-law for adoption, which will include any and all modifications by Council, as well as Zoning By-law amendments approved since December 2007.

MOTION NO. 35/5

Moved by Councillor R. Jellett

Seconded by Councillor P. Hume

WHEREAS a public hearing conducted by Agriculture and Rural Affairs Committee on the rural portions of the Draft Comprehensive Zoning By-law was held on April 10, 2008;

AND WHEREAS submissions to the Draft Comprehensive Zoning By-law were considered at that meeting;

AND WHEREAS Agriculture and Rural Affairs Committee referred some submissions as listed in the disposition for the April 10, 2008 Agriculture and Rural Affairs Committee to staff for review;

AND WHEREAS Agriculture and Rural Affairs Committee requested that staff review these items and prepare a motion for consideration by City Council at its April 23, 2008 meeting;

THEREFORE BE IT RESOLVED that the following motion to revise the Draft Comprehensive Zoning By-law with respect to these items be APPROVED.

1. Rezone Part of Lot 33, Con. BF Osgoode, between River Rd & the Rideau River from RR9 to O1R;

2. Rezone Part of Lot 31 & 32, Con. BF Osgoode, Between River Rd & the Rideau River from RU to O1R;

3. Rezone 3250 River Rd. from O1 to O1Q;

4. Revise exception 529r at 4980 Albion to change words “place of assembly limited to an amphitheatre” to “place of assembly” and to changes words “restaurant limited to when a fairground event occurs” to “restaurant in association with any main permitted use”;

5. Revise exception 153r at 7269 Parkway Road to permit a retail store and exempt the site from the limitations on retail use imposed by the RC zone;

6. Rezone the West ½ of Lot 16 , Con 2 Goulbourn from EP3 to EP;

7. Rezone Part of Lot 23, Con 3 Goulbourn S-E corner of Burke and Maitland from O1 to O1R;

8. Correct the zoning of 560 Hazeldean Rd. from RC4[263r] to AG[263r] with an addition to the exception to indicate the golf driving range is permitted from April 13, 2005 and expiring April 13, 2008;

9. Create an exception to add “equestrian establishment” as an additional permitted use at 6056 First Line Road;

10. Extend the RC[174r] zoning from 5600 First Line Road to include the adjacent property at 5994 First Line Road; in the same exception add the word ", parts" after the three references to "rental"; add the words "power products including" after the words "landscaping equipment" and limit the auxiliary warehouse use to the property at 5600 First Line Road;

11. Replace existing wording in exception 631r for 3100 Bankfield Road to:

(a) prohibit all uses and,

(b) indicate that Section 69 does not apply and buildings and structures of any kind are prohibited including but not limited to, a deck, gazebo, shed, garage, workshop, septic system, well, swimming pool, change house, pump hour, stairs and any structural landscaping;

12. Add to wording of exception 567r for 3100 Bankfield Road to indicate that for lots which are partially located within both the V1J[631r] zone and the V1J[567r] zone, the rear yard, lot area and lot coverage provisions for those lots will be calculated as including the portion of the rear yard which is zoned V1J[631r];

13. Rezone 100, 104, 108 and 112 Hidden Lake Crescent from V1M to VIN;

14. Revise the two provisions respecting encroachments in exception 628r located at 100-102, 104, 106, 108 Villageview Private, 149 and 157 Salisbury Street and 201 and 206 Fairside Private to state as follows:

(a) maximum permitted encroachment into a rear privacy yard is 3m for a deck and 1.5m for a fireplace; and

(b) maximum permitted encroachment into a front privacy yard for a porch and steps is 1.5 m;

15. Withdraw the recommended change affecting 3711,3715, 3719,3725 Carp Road, as contained in Document 1 of report ACS2008-PTE-PLA-0075; and

16. Revise Table 229 such that (f)(ii) reads “non-residential uses and mixed use buildings abutting a residential zone”.

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

CARRIED

Item 2 of Agriculture and Rural Affairs Committee Report 21 was then put to Council and CARRIED as amended by Motion No 35/5.

COMMUNITY AND PROTECTIVE SERVICES COMMITTEE REPORT 22A

1. OTTAWA PUBLIC HEALTH 2007 ANNUAL REPORT

COMMITTEE RECOMMENDATION

That Council receive this report for information.

RECEIVED

2. 2007 BEACH REPORT

COMMITTEE RECOMMENDATIONS AS AMENDED

That Council receive the 2007 Beach Report for information and approve the following :

1. That Ottawa Public Health continue to explore ways and means of determining the sources of E. coli at Petrie Island and bring forward recommendations to address the causes of such pollution once determined.

2. That the City install all necessary garbage containers, aimed at preventing pollution of the river water at Petrie Island.

3. That the City website be updated every day, including weekends, regarding the daily water quality results for all four supervised beaches during the beach season.

4. That the 2008 Beach Report that includes Petrie Island Beach provide information on the history of the creation of the public swimming beach and on long term water quality improvements that may be needed in order to prevent any contaminated water effluent.

CARRIED

3. FRAMEWORK AND PLANNING PROCESS FOR A PARKS AND RECREATION MASTER PLAN

COMMITTEE RECOMMENDATION AS AMENDED

That Council approve the Parks and Recreation Master Plan framework and terms of reference, including establishment of a Steering Committee, as described in this report, and as amended to include the Chair/member of the Health and Social Services Advisory Committee as a member of the Steering Committee.

CARRIED

COMMUNITY AND PROTECTIVE SERVICES COMMITTEE REPORT 23

1. PROVINCIAL SOCIAL HOUSING GRANT

COMMITTEE RECOMMENDATIONS

That Council:

1. Authorize the Mayor to acknowledge, in writing, receipt of the letter attached as Document 1 to initiate payment processing of the social housing grant in the amount of $8,215,087.00;

2. Authorize the Treasurer to complete any administrative requirements related to the provision of the grant.

CARRIED

CORPORATE SERVICES AND ECONOMIC DEVELOPMENT COMMITTEE REPORT 22

1. BUSINESS ADVISORY COMMITTEE - 2007 ANNUAL REPORT AND 2008 WORK PLAN

Committee RecommendationS

That Council:

1) receive the 2007 Annual Report of the Business Advisory Committee as detailed in Document 1; and

2) approve the objectives contained in the 2008 workplan, as detailed in Document 2.

CARRIED

2. COUNCIL AUDIT WORKING GROUP - 2005 and 2006 AUDIT RECOMMENDATIONS - QUARTERLY ACTION STATUS REPORT

Committee RecommendationS

That Council :

1. Approve the changes with respect to implementation for the following 2005 Audit recommendation as outlined in Document 1, specifically :

a) Procurement Audit recommendation no. 25;

2. Receive, for information, the ongoing action status tracking report for the 2005 audit recommendation as at January 2008, as outlined in Document 2; and

3. Receive, for information, the ongoing action status tracking report for the 2006 audit recommendations as at January 2008, as outlined in Document 3.

CARRIED

3. Appointment to The VANIER BUSINESS IMPROVEMENT AREA BOARD OF MANAGEMENT

Committee Recommendation

That Council approve the appointment of Michel Gervais to the Vanier Business Improvement Area Board of Management for the term expiring November 30, 2010.

CARRIED

4. CONSERVATION AUTHORITIES 2008 LEVIES

Committee RecommendationS

That Council approve the 2008 general and special levies as presented in Document 1 for the following:

1. Rideau Valley Conservation Authority;

2. South Nation Conservation Authority; and

3. Mississippi Valley Conservation Authority.

CARRIED

5. 2008 BUDGETS AND SPECIAL LEVIES FOR BUSINESS IMPROVEMENT AREAS AND SPARKS STREET MALL AUTHORITY

Committee RecommendationS

That Council approve:

1. The 2008 Budgets, as presented in document 1, for the following agencies:

a. By Ward Market BIA

b. Preston Street BIA

c. Sparks Street BIA

d. Sparks Street Mall Authority

e. Bank Street BIA

f. Somerset Village BIA

g. Somerset Street Chinatown BIA

h. Westboro Village BIA

i. Downtown Rideau BIA

j. Vanier BIA

k. Manotick BIA

l. Carp BIA

m. Barrhaven BIA

n. Orleans BIA

o. Wellington West BIA

p. Glebe BIA

2. The 2008 Business Improvement Area Special Levies and the Sparks Street Mall Authority Metre–front charge, as presented in document 3.

CARRIED

6. DISPOSITION OF 2007 OPERATING SURPLUS / DEFICIT

Committee RecommendationS

That, as part of the finalization of 2007 operations, Council approve the following transfers to/from reserve funds:

1. That in accordance with the various reserve fund by-laws, the $5,945,000 surplus within the City Wide tax supported operations be transferred to the following reserve funds:

a) the surplus attributable to Social Housing of $22,000 be transferred to the Social Housing Reserve Fund in accordance with By-Law 2003-237;

b) the surplus attributable to Solid Waste Rate operations of $5,022,000 be transferred to the Solid Waste Rate Reserve fund in accordance with By-Law 2005-556; and

c) the remaining surplus of $901,000 be transferred to the City Wide Capital Reserve Fund;

2. That the $340,000 surplus in the Ottawa Public Library be transferred to the OPL Capital Reserve Fund in accordance with By-Law 2003-310;

3. That the $2,187,000 deficit in the Transit Operating Fund be funded by a transfer from the Transit Capital Reserve Fund in accordance with By-Law 2003-361;

4. That the $4,391,000 deficit in the Ottawa Police Services be funded by a transfer from the City Wide Capital Reserve Fund;

5. That the surplus within the rate supported operations be transferred to the following reserve funds:

a) The surplus attributable to Water operations of $2,939,000 be transferred to the Water Capital Reserve Fund in accordance with By-Law 2003-141; and

b) The surplus attributable to the Wastewater operations of $3,327,000 be transferred to the Wastewater Capital Reserve Fund in accordance with By-Law 2003-141; and

6. That the $5,856,000 residual Best Start one-time funding be transferred to the Childcare Capital Reserve Fund in accordance with By-Law 2004-328.

CARRIED

7. 2008 TAX RATIOS AND OTHER TAX POLICIES

Committee RecommendationS

That Council approve:

1. The adoption of the following optional property classes in 2008:

· Shopping centre commercial property class;

· Parking lots and vacant lands commercial property class;

· Office building commercial property class;

· Large industrial property class;

· New multi-residential property class; and

· Professional sports facility class.

2. The adoption of the following tax ratios for 2008:

Tax Class	Ratios **
Residential	1.000000
Multi-Residential	1.800000
New Multi-Residential	1.000000
Farm	0.200000
Managed Forest	0.250000
Pipeline	1.543789
Commercial Broad Class	2.256425
- Commercial *	2.146121
- Office Building *	2.592757
- Parking Lots and Vacant Land – Commercial *	1.406182
- Shopping Centre *	1.785152
- Professional Sports Facility *	N/A
Industrial Broad Class	2.566261
- Industrial *	2.746772
- Large Industrial *	2.358772

* including new construction classes for BET purposes identified in the Ontario Budget subject to their legislative approval

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

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

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

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

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

4. That the tax rates for 2008 be established based on the ratios adopted herein.

5. a) That the 2008 capping parameters be approved at the higher of 10% of the previous year’s annualized tax or 5% of the 2007 CVA taxes; and

b) That for 2008 capped/clawback properties whose recalculated annualized taxes fall within $250 of their CVA taxation be moved to their CVA tax for the year.

6. That the tax level for “new construction” properties be set at a minimum level of 100% of their CVA taxes for 2008 and future taxation years.

7. That the property tax mitigation programs currently in place and detailed in this report be continued for 2008, including the Farm Grant Program and the new Low Income Seniors and Disabled Persons Complete Tax Deferral Program.

8. That the additional $1.7 million of provincial revenue for paramedic services be used to offset the decreased taxation revenue resulting from lower growth.

MOTION NO. 35/6

Moved by Councillor A. Cullen

Seconded by Councillor P. Hume

WHEREAS in 1998 the Ontario Government implemented a number of reforms to the property tax system, and introduced the concept of “ranges of fairness” by setting targets for property tax class ratios to bring commercial and industrial tax classes to within 0.6 to 1.1 of the residential tax class;

WHEREAS in 2000 the Ontario Government established thresholds which restricted municipalities with property tax class ratios for commercial and industrial property tax classes above the so-called “ranges of fairness” from passing on the full budgetary tax increase to these property tax classes;

WHEREAS this provincial policy has had the effect of imposing provincial priorities in terms of determining local tax burden, thus violating the principle of democratic responsible government setting the local tax burden among property tax classes in order to achieve local priorities;

WHEREAS this provincial policy unfairly places more burden on the residential taxpayer in funding municipal services and programs, as it shelters commercial and industrial properties from contributing their fair share of the costs of municipal services and programs;

WHEREAS this provincial policy of imposing “ranges of fairness” by setting targets for property tax class ratios has not been reviewed by the Ontario Government since 1998;

THEREFORE BE IT RESOLVED THAT the City of Ottawa request the Government of Ontario, through the Minister of Finance, to engage with the Association of Municipalities of Ontario (AMO) in a review of the matter of “ranges of fairness” and provincial thresholds for property tax class ratios;

AND THAT this motion be copied to the Minister of Municipal Affairs & Housing, opposition critics, Ottawa-area M.P.P.s, and to the Association of Municipalities of Ontario.

CARRIED

MOTION NO. 35/7

Moved by Councillor J. Legendre

Seconded by Councillor M. Wilkinson

WHEREAS tenants of units in buildings taxed in the MULTI-RESIDENTIAL property tax class have historically paid a disproportionate share of municipal taxes through their rents;

WHEREAS those who are economically challenged or disadvantaged in our society are most frequently tenants;

WHEREAS 15%-20% of rents paid by tenants go directly to pay property taxes;

WHEREAS Provincial law requires that any savings generated through lowering property taxes be passed-on to tenants;

WHEREAS the “NEW MULTI-RESIDENTIAL” property tax class Ratio is, and always has been, set at 1.0000, which further extends the inequity directed at tenants falling into the ‘regular’ MULTI-RESIDENTIAL property tax class;

WHEREAS Council had previously directed that the “NEW MULTI-RESIDENTIAL” property tax class Ratio should move toward a fairer Ratio in regular steps until the fairness ratio was reached;

WHEREAS Landlords can apply for a rent increase if property taxes are above a particular threshold, while if the property class is adjusted to 1.75 such an increase cannot be requested this year based on this years tax increase;

THEREFORE BE IT RESOLVED that the MULTI-RESIDENTIAL property tax class ratio be reduced to 1.75 from 1.80.

CARRIED on a division of 16 YEAS to 6 NAYS as follows:

YEAS (16): Councillors M. Bellemare, G. Hunter, J. Legendre, J. Harder, D. Deans, S. Qadri, D. Holmes, P. Feltmate, G. Bédard, C. Leadman, C. Doucet, G. Brooks, M. Wilkinson, M. McRae, A. Cullen and P. Hume.

NAYS (6): Councillors B. Monette, D. Thompson, R. Bloess, R. Chiarelli, R. Jellett and S. Desroches.

Item 7 of Corporate Services and Economic Development Committee Report 22 was then put to Council and CARRIED as amended by Motion Nos. 35/6 and 35/7.

8. ACQUISITION - 25 ESQUIMAULT avenue

Committee RecommendationS

That Council approve:

1. The acquisition of 25 Esquimault Avenue, described as part of Lot 70, all of Lot 71 and Block A, Plan 479669, former City of Nepean, now City of Ottawa (PIN #046960138) shown as Parcel ‘A’ on Document 1, for the amount of $2,500,000.00 plus GST from 770 Holdings Ltd. pursuant to an Agreement of Purchase and Sale that has been received;

2. Demolition of the existing structure and remediation of the site and an interim solution for the replacement of the Community Centre estimated at a cost of $1,305,000.00; and

3. Direct staff to prepare a redevelopment proposal for the lands, which is to include a Community Centre and residential development, as outlined in this report, and report back to Council in 2008 – 09.

CARRIED

9. MUNICIPAL ROAD ACCESS AGREEMENT - VIDÉOTRON LTÉE

Committee Recommendation

That Council approve a Municipal Road Access Agreement, as described in this report, between the City of Ottawa and Vidéotron Ltée.

CARRIED

PLANNING AND ENVIRONMENT COMMITTEE REPORT 28B

1. REVISED DRAFT COMPREHENSIVE ZONING BY-LAW - URBAN AREA: FINAL PUBLIC MEETING AND APPROVAL

Committee recommendationS as amended

(This matter is subject to Bill 51)

That Council:

1. Approve modifications to the December 7, 2007 City Council-approved Draft Comprehensive Zoning By-law, Volume 1 (text) and Volume 2 (maps)

brought forward by:

(a) Councillor motions to review specific provisions, as detailed in Document 1;

(b) Submissions received after the October 22 and 23, 2007 Planning and Environment Committee public meetings with staff recommendations, as detailed in Document 2;

(c) Staff initiated changes - zoning issues, noted in Document 3, subject to the following:

· By amending Section 101, Table 101 – Minimum Parking Space Rates, Column I, row (a)(ii) – to state “for any use in the TM Zone, other than a restaurant on Elgin Street, Somerset Street (between Bay Street and Preston Street), and Preston Street as defined by the Preston Street Business Improvement Area boundaries.”

· That options regarding updating of parking rules of certain non -residential uses not apply to Areas C and D.

(d) Staff-identified corrections and anomalies, noted in Document 4;

(e) Submissions received between March 7, 2008 and April 4, 2008, noted in Document 5;

(f) Additional staff corrections, noted in Document 6;

as amended:

(g) To apply an exception provision to the TM zones on Elgin Street, Somerset Street (between Bay Street and Preston Street), and Preston Street that modifies the definition of ‘full service restaurant’ for these areas to state “means a restaurant that sells, serves and prepares on site food and beverages to patrons seated at tables, for consumption on the premises”;

(h) To designate the blocks of new R5B[482] F(3.0) zone (residential mid-high profile) shown on Map 1 as a ‘Special Study Area’ to determine appropriate building envelopes that will be consistent with the policies of the secondary policy area, the heritage conservation district, and the Downtown Urban Design Strategy;

(i) To apply a site-specific exception at 2013 St. Laurent Boulevard to allow an automobile service station as an additional permitted use, subject to a maximum 15% lot coverage to reflect the size of the existing building footprint;

(j) To remove the minimum building height requirement for the MC(1333) F(2.0) zone at 2975 St. Joseph Boulevard and remove the general requirement of a minimum building height of 6.7 m for existing or future service stations in other MC Zones within 400 m of a Transitway Station;

(k) To change the zoning of 1980 and 1988 St. Joseph Boulevard from AM3 to AM;

(l) To extend the LC zone to encompass 178 Meadowlands to allow a convenience store as a permitted use;

(m) To change 6126 Renaud Road, part of the road allowance between lots 5 and 6 concession 4, O F. (closed by-law 207-132, being part 2, plan 4R-21751 adjacent to 6126 Renaud Road, Ottawa Designated as Parts 2 to 19, inclusive), and Part of 3138 Navan Road (described as Block 166 on a Draft 4M-Plan prepared by Edward Lancaster on February 19, 2008), from DR to LC [E]-h. The purpose of the h designation is to ensure that the two properties are developed comprehensively and with the benefit of urban services;

(n) To make the minimum residential parking requirement for stacked town homes and apartment dwellings in suburban Area C 1.2 spaces per dwelling;

(o) To revert to the existing requirement for parking for detached, semi-detached and town house dwellings in Stittsville, which have a 3-meter or less setback from the road, to allow further study of possible changes;

(p) To create an exception zone affecting the lands municipally known as 2345 Alta Vista, and proposed to be zoned I1A, to permit a group home, subject that no separation distance is required from any other group home;

(q) To create a exception for lands currently zoned CG-6 in order that the existing requirements for buffers between parking lots and Irwin Gate or Bachman Terrace are retained;

(r) To permit child care facilities with no maximum size limitations in all zones in the Kanata North Business Park;

(s) To change the zoning of 15, 23, 33 and 39 Deerfox Drive and 3102, 3112, 3120, 3150 and 3162 Woodroffe Avenue from DR-Development Reserve to DR with an exception to prohibit agricultural uses but to permit on the existing lot sizes a detached dwelling not accessory to an agricultural use.

MOTION NO. 35/8

Moved by Councillor D. Holmes

Seconded by Councillor C. Leadman

That Committee Recommendation 1 (c) be amended to delete the words “Somerset Street (between Bay Street and Preston Street)”.

CARRIED

MOTION NO. 35/9

Moved by Councillor J. Harder

Seconded by Councillor S. Desroches

WHEREAS a motion was presented to Planning and Environment Committee on April 8, 2008 which stated “that options regarding updating of parking rules of certain non-residential uses not apply to Areas C and D”;

AND WHEREAS the actual intention of this motion was to revise Schedule 2A (Map of Rapid Transit Stations) to remove six proposed rapid transit stations that have not yet been constructed and completed;

AND WHEREAS it is the objective of this motion to ensure that the specific minimum and maximum parking rates for properties in proximity to rapid transit stations do not apply to lands in the vicinity of these future stations as it is premature at this time;

THEREFORE BE IT RESOLVED that Schedule 2A of the Draft Comprehensive Zoning By-law be revised to delete reference to the proposed Market Place, Barrhaven Centre, Woodroffe, River, Spratt and Limebank transit stations.

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

MOTION NO. 35/10

Moved by Councillor J. Harder

Seconded by Councillor A. Cullen

That Motion No. 35/9 and the second bullet of Committee Recommendation 1 (c), (i.e. “That options regarding updating of parking rules of certain non-residential uses not apply to Areas C and D.”) be tabled to the Council meeting of 14 May 2008.

TABLING CARRIED

MOTION NO. 35/11

Moved by Councillor J. Legendre

Seconded by Councillor M. Wilkinson

WHEREAS minor variances for the renovation and conversion from rental housing to condominiums of 292 and 328 London Terrace were approved by the Committee of Adjustment on January 18, 2007;

AND WHEREAS the site plan approved for this site depends on these minor variances;

AND WHEREAS the Draft Comprehensive Zoning By-law will provide only a three year transition period to allow for permits to be obtained to implement these minor variances approved under the existing zoning by-law;

AND WHEREAS three years is not considered sufficient to accommodate issuance of all necessary permits for this phased condominium project;

AND WHEREAS the only way to ensure that these minor variances can continue to be applicable beyond the three year time frame is to amend the draft Comprehensive Zoning By-law to include these minor variances as zoning provisions;

THEREFORE BE IT RESOLVED that an exception be created and applied to these lands that includes the following provisions: parking spaces be permitted to locate in the required corner side yard; a parking lot be permitted to be located within 0.6 metres of a lot line adjacent to a public street; no landscaped area be required between a parking lot and a public street; the required width of a driveway be reduced to 5.6 m, and a minimum separation distance of 2.0 m be permitted between a parking lot and a leisure zone.

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

CARRIED

MOTION NO. 35/12

Moved by Councillor P. Hume

Seconded by Councillor R. Jellett

WHEREAS a public hearing conducted by Planning and Environment Committee on the urban portions of the Draft Comprehensive Zoning By-law was held on April 8, 2008;

AND WHEREAS submissions to the Draft Comprehensive Zoning By-law were considered at that meeting;

AND WHEREAS Planning and Environment Committee referred some submissions as listed in Document 7 of report ACS2008-PTE-PLA-0074 to staff for review;

AND WHEREAS Planning and Environment Committee requested that staff review and prepare a motion for consideration by City Council at its April 23, 2008 meeting;

THEREFORE BE IT RESOLVED that the following motion to revise the draft Comprehensive Zoning By-law with respect to these items be APPROVED.

1. Rezone 900 Watters Road to permit a 18.3 metre limit, but any height above 12.5 m is restricted to 30% lot coverage;

2. Revise zoning of Orleans Town Centre Lands by moving the zone boundaries to reflect the registered plans, creating a new zone boundary for the COTC zoned area, shifting the O1P boundary to align with the approved limit of the future transitway and revising the R5A [1363] zone to better reflect the concept plan for the east lands;

3. Correct Table 186A 3(i) to indicate minimum instead of maximum;

4. Change zoning at 5985 Renaud Road to R3VV [1048];

5. Modify exception 1048 for 5978, 5980 and 5985 Renaud Road as follows:

- in the phrase “for detached dwelling only, the interior side yard setback is 1.0 m. where there is no door in the facing wall, and 1.2 m where there is a door in the facing wall”; replace “detached dwelling” with “multiple attached dwelling”

- add the following provision: “For detached dwelling only, the interior lot line is 0.6 metres on one side and 1.2 metres on the other side”;

6. Modify exceptions 1311 for the lands at the southwest corner of Cambrian Road and Jockvale Road, 1469 for the lands off of Kilbirnie Drive, near Sandgate Road, and 673 for various sites along Golf Links Drive, Kilbirnie Drive, and River Stone Drive, by adding a provision that a maximum projection of 2.5 m into the front, corner side or rear yard is permitted, provided it does not exceed a height greater than the horizontal distance to the affected front, corner side, or rear lot line; and a porch must not be located closer than 1m to the front, corner side or rear lot line;

7. Revise zoning of 325 Didsbury Road to permit post office and personal service business and to require a minimum lot area of 2,000 square metres, minimum lot width of 15 metres and minimum interior side yard, corner side yard and rear yard setbacks of 6 metres;

8. Make the following changes to the zoning of the area under By-law 132-93 of former Kanata, west of Herzberg and Sandhill, south of South March area and east of March Road:

§ For exception 1084, delete lot area and yard setbacks as IG4 subzone applies, but insert maximum of 40% lot coverage;

§ For exception 1149, delete reference to lot area, as IG4 subzone applies, add rear yard to minimum interior side yard setback, add 40% lot coverage maximum, and minimum lot width of 40 m;

§ Modify IP6 zone for Kanata North to exempt it from Section 100(1)(c) which would then reflect existing Kanata Zoning By-law which allows parking to be in another location and two or more properties would share the joint parking facilities provided the parking is not located more than 150 m from the lot on which the use is located;

§ In IP6 zone, delete the limit of 2.0 fsi where height limit and lot coverage applies and impose a maximum 45% lot coverage;

§ In IP6 zone and IG3 and IG4 subzone, allow instructional facility limited to computer training;

§ Modify exception 301 to clarify other uses than hotel limited to 44 m in height;

9. Create a site-specific exception for 100 Varley Lane that carries forward the current density requirements, including a maximum of 1 building per lot and a maximum of 26 units per hectare;

10. Modify the zoning of 1261 Stittsville Main Street to add hotel as additional permitted use in exception 392;

11. Modify the zoning of 6081 Hazeldean Road to add hotel as additional permitted use in exception 232;

12. Modify the zoning of 5649 & 5705 Hazeldean Rd to add a provision to exception 1446 that states: “a buffer strip is not required along a lot line adjacent to lands zoned O1R”;

13. Correct column 2 in exception table to insert correct maximum height of 34m with zone code for 2 & 100 Constellation Drive;

14. Remove 1 Laser Street from exception 1330 and replace with new exception to recognize the current automobile dealership as a principal use, subject to no overnight exterior storage of vehicles;

15. Create new exception to permit the existing instructional facility at 74 Jamie Avenue;

16. Correct the zoning line for 1501 Hunt Club Road so that the lots fronting on Solera Circle have the R3J zoning on the whole of the lots, following the rear lot lines as shown on R.P. 4M-1399;

17. Modify exception 272 applying to 1950 Walkley Road to exempt the exception zone from the lot coverage maximum and delete prohibition on the car wash and gas bar uses in Column IV of the exception table;

18. Revise the zoning at 1900 Ogilvie Road by adding “cinema” as a permitted use in exception [1349];

19. That 272 Bradley Avenue be zoned to permit a community health and resource centre, with a maximum height limit of 9 metres and a maximum lot coverage of 30% of the lot area, reflecting the existing permitted use and height and lot coverage restrictions;

20. Correct typographical error - Section 190 (3) (a) should refer to non-residential uses in Subsection 189(1) not 188(1);

21. Rezone 596 Montreal Road to AM;

22. That the wording of the GM3 zone be corrected such that a new Section 187 (3) (a) be created as follows:

(3) In the GM3 Subzone:

(a)Only the following residential uses are permitted:

-bed and breakfast, see Part 5, Section 121

-dwelling unit

-planned unit development, see Part 5, Section 131

-rooming unit”

and that the current 187 (3) (a) be renumbered to 187 (3) (b) with the first sentence reworded to delete “the uses listed under subsection 187 (1) are not permitted” and replace it with “In addition to the uses permitted under Section 187 (1), the following additional non-residential uses are permitted subject to:” followed by all subsequent clauses (i) and (ii), and a renumbering of the current (3) (b) to (3) (c);

23. Revise zoning at 280 Catherine Street to require a minimum 0 m front yard setback;

24. Revise zoning at 62 Sparks by placing an FSI (2.0) on the map;

25. Modify exception 70 for 180 Elgin Street to add that clause 197 (g) (ii) (2) does not apply;

26. Modify zoning of eastern portion of 221 Champagne Avenue from MC F(2.5) to MC[1380] F(2.5);

27. Add the following additional permitted uses to exception 108 for 3860 Riverside Drive: broadcasting station, hotel, production studio, amusement centre, bar, cinema, place of assembly limited to a club, nightclub and theatre, provided they are located in the same building or on the same lot as a broadcasting station, hotel, medical facility, office, production studio, research and development centre or training centre, and provided that the total cumulative gross floor area occupied by these uses does not exceed an equivalent amount of gross floor area to the other uses in the building.;

28. Revise the parking rate in exception 108 for 3860 Riverside Drive as follows: for office uses greater than 2500 square metres in gross floor area -1.8 spaces per 100 square metres of floor area;

29. Modify the zoning of 265 Carling Avenue (northeast portion facing Cambridge St.) to add convenience store as a permitted use at this location provided that it does not exceed 75 square metres in gross floor area; is located on the ground floor or in the basement of an “apartment building”; and that there is no more than one convenience store on a lot;

30. Correct zoning of 2233 Mer Bleue Road to MC13;

31. Change exception 211 for 2012-2030 Tenth Line Road to say “gross leasable floor area” instead of “gross floor area”, but indicate that in the case of a shopping centre form of development, the storage areas for the individual tenants are included in the calculation;

32. That exception [1428] of the Draft Comprehensive Zoning By-law be revised to permit a free-standing animal hospital on a lot with a minimum area of 3,450 m².

33. Incorporate OMB Decision #2652, issued on September 21, 2006 for 3033 Woodroffe Avenue into the by-law;

34. For the lands identified as Part of Lot 10, Con 2 Nepean E & W of Jock River, change the O1R zone on east bank of river to EP3;

35. Add “light industrial uses” to the list of permitted uses and change minimum lot area to 3000 m² and lot width to 50 m for IL9 zone for the South Merivale Business Park, located west of Merivale Road;

36. For 3302 Woodroffe Avenue, revise exception 194 to apply 2700 square metre individual GLA cap only to "retail store" and to eliminate minimum side and rear yard setback requirements;

37. Correct the zoning of the southeast corner of Woodroffe and Strandherd, to DR where shown as FG in the current zoning by-law;

38. Revise the zoning of 866 Eagleson Road to apply “one lot for zoning purposes” provisions to exceptions 1055, 992 and 1199, and specify in exceptions that maximum setback applies only to Eagleson Road;

39. Modify exception 224 for 300 Eagleson Road to add recreational and athletic facility and cinema as additional permitted uses, but not in annex;

40. Revise the zoning for 120, 160 & 170 Hearst Way to change the retail GFA cap to 4,700m² to reflect current provisions; fix table 203A; and adjust maximum height provisions for accessory uses as reflected in the current zoning; and

41. Delete Section 93- Shopping Centres.

42. 4825-4831 Innes Road - that the zoning modification identified in Document 5 for the Hydro Easement located adjacent to the two above properties be limited to the area currently used for parking.

43. That the Draft Comprehensive Zoning By-law be revised for 3349 Navan Road from DR to DR with a site specific exception to recognize the existing usage as community centre limited to a seniors’ club.

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

CARRIED

MOTION NO. 35/13

Moved by Councillor P. Hume

Seconded by Councillor R. Jellett

WHEREAS in December, 2004, the City of Ottawa commenced the process of developing a comprehensive zoning by-law;

AND WHEREAS fourteen open houses throughout the City were held with respect to the draft by-law;

AND WHEREAS over 600 notifications have been provided through the process of the consideration of the by-law to individuals and community associations;

AND WHEREAS public meetings were held by the Planning and Environment Committee and Agriculture and Rural Affairs Committee in the fall, 2007 and April, 2008;

AND WHEREAS the above consultations, open houses and public meetings has provided a full and fair opportunity to make representations with respect to the comprehensive zoning by-law;

AND WHEREAS the Council of the City of Ottawa has provided for a two month period following the adoption of the report approving the comprehensive zoning by-law prior to the by-law’s enactment so that all interested stakeholders can review the language of the final by-law prior to its enactment;

NOW THEREFORE BE IT RESOLVED THAT the Council of the City of Ottawa request that the Ontario Municipal Board set the earliest possible hearing date following the completion of the appeal period for the comprehensive zoning by-law so that an order may be given that:

1) The unappealed portions of the by-law; and

2) Those portions of the by-law in respect of which the Board may determine that the appeals should be dismissed pursuant to the Planning Act, subsection 34(25),

may come into force at the earliest possible opportunity.

CARRIED

MOTION NO. 35/14

Moved by Councillor C. Leadman

Seconded by Councillor D. Holmes

THEREFORE BE IT RESOLVED THAT the Comprehensive Zoning By-law be amended for the area bounded by Churchill North, Workman, Duchess, Kirchoffer, Atlantis, and Shelby have a height limit of eight metres.

CARRIED on a division of 12 YEAS to 9 NAYS as follows:

YEAS (12): Councillors J. Legendre, S. Qadri, D. Holmes, B. Monette, D. Thompson, P. Feltmate, C. Leadman, C. Doucet, G. Brooks, M. Wilkinson, M. McRae and A. Cullen.

NAYS (9): Councillors M. Bellemare, G. Hunter, J. Harder, D. Deans, R. Bloess, R. Chiarelli, R. Jellett, S. Desroches and P. Hume.

MOTION NO. 35/15

Moved by Councillor P. Hume

Seconded by Councillor R. Jellett

That no further notices be given pursuant to the Planning Act 34 (17).

CARRIED

Item 1 of Planning and Environment Committee Report 28B was then put to Council and CARRIED as amended by Motion Nos. 35/8, 35/10, 35/11, 35/12, 35/13, 35/14 and 35/15.

2. OFFICIAL PLAN AND ZONING BY-LAW - 2170 MER BLEUE ROAD

COMMITTEE RECOMMENDATIONS

(This application is subject to Bill 51)

That Council:

1. Approve and adopt an amendment to the Official Plan to add a clause to the Mixed-Use Centre policies to exempt the requirement for a Community Design Plan prior to development for the Innes Snow Disposal Facility at 2170 Mer Bleue Road, as detailed in Document 1.

2. Adopt an amendment to the former City of Gloucester Zoning By-law to amend the zoning provisions of the Mx(E4) - Heavy Industrial Exception 4, for 2170 Mer Bleue Road, as shown in Document 2 and as detailed in Document 3.

CARRIED with Councillors B. Monette, R. Bloess and R. Jellett dissenting.

3. ZONING - 2170 MER BLEUE ROAD

Committee recommendation

(This application is subject to Bill 51)

That Council approve an amendment to the former City of Gloucester Zoning By-law to change the zoning of part of 2170 Mer Bleue Road from Mx(E4) - Heavy Industrial Exception 4 Zone to HMp - Holding Industrial Park Zone as shown in Document 1 and as detailed in Document 2.

CARRIED with Councillors B. Monette, R. Bloess and R. Jellett dissenting.

4. ZONING - 1777 MONTRÉAL ROAD

COMMITTEE RECOMMENDATION

(This application is subject to Bill 51)

That the Council approve an amendment to the former City of Gloucester Zoning By-law to change the zoning of 1777 Montréal Road from Residential, Single Dwelling (Rs5) to Residential, Single Dwelling, exception (Rs5 (E70)) as detailed in Document 2.

CARRIED

5. ZONING - 187 METCALFE STREET

Committee recommendation as amended

(This application is subject to Bill 51)

That Council approve an amendment to the former City of Ottawa Zoning By-law 1998 to change the zoning of 187 Metcalfe Street (R6A [172] F(3.0) High-rise Apartment Exception Zone) by adding museum as a permitted use in order to accommodate a development that includes a National Portait Gallery.

MOTION NO. 35/16

Moved by Councillor P. Hume

Seconded by Councillor R. Jellett

That the Committee Recommendation be replaced with the following:

That Council approve the staff recommendation to Planning and Environment Committee, as modified by the following:

1) That 20 storey height limit be set at 66 metres.

2) The provisions of the R6L [1001] Sch. 275 zone shall apply to permit a development accommodating the National Portrait Gallery and, subject to a holding zone, one or more of these specific uses - community centre; community health and social service centre; library; museum; cultural centre limited to a concert hall which shall replace the floor space allocated to the National Portrait Gallery, such holding zone to be lifted upon approval of a site plan by the City. All other development will continue to be subject to the provisions of the R6A [172] F(3.0) zone

Motion No. 35/16 was divided for voting purposes.

The first part:

That the Committee Recommendation be replaced with the following:

That Council approve the staff recommendation to Planning and Environment Committee,

CARRIED with Councillors J. Legendre, C. Doucet, P. Feltmate, D. Holmes and G. Hunter dissenting.

The second part:

as modified by the following:

1) That 20 storey height limit be set at 66 metres.

CARRIED with Councillors G. Hunter and C. Doucet dissenting.

The third part:

2) The provisions of the R6L [1001] Sch. 275 zone shall apply to permit a development accommodating the National Portrait Gallery and, subject to a holding zone, one or more of these specific uses - community centre; community health and social service centre; library; museum; cultural centre limited to a concert hall which shall replace the floor space allocated to the National Portrait Gallery, such holding zone to be lifted upon approval of a site plan by the City. All other development will continue to be subject to the provisions of the R6A [172] F(3.0) zone

CARRIED on a division of 17 YEAS to 6 NAYS as follows:

YEAS (17): Councillors M. Bellemare, J. Harder, D. Deans, S. Qadri, B. Monette, D. Thompson, R. Bloess, R. Chiarelli, G. Bédard, R. Jellett, G. Brooks, M. Wilkinson, S. Desroches, M. McRae, A. Cullen, P. Hume and Mayor O’Brien.

NAYS (6): Councillors G. Hunter, J. Legendre, D. Holmes, P. Feltmate, C. Leadman and C. Doucet.

Item 5 of Planning and Environment Committee Report 28B was then put to Council and CARRIED as amended by Motion 35/16.

TRANSPORTATION COMMITTEE AND TRANSIT COMMITTEE JOINT REPORT 5

1. Provincial Transit grant

joint CommitteeS’ recommendations

That Council:

1. Authorize the Mayor to sign a letter (Document 1) acknowledging receipt of provincial notification of the Transit Investment Grant of $7,000,000; and

2. Approve a by-law, provided as Document 2, related to the City’s requirements regarding this grant.

CARRIED

TRANSPORTATION COMMITTEE REPORT 17

1. Pay and display implementation

Committee recommendations

That Council approve:

1. That staff be directed to proceed with the negotiations with Precise ParkLink Inc. regarding their proposal to implement Pay and Display technology in the City of Ottawa, under the framework of an Ottawa Option; and

2. That the Request for Proposals process for the acquisition of Pay and Display machines be suspended.

MOTION NO. 35/17

Moved by Councillor D. Deans

Seconded by Councillor M. Bellemare

That, in accordance with Procedure By-law 2006-462, Council resolve In Camera pursuant to Subsection 13(1)(a) the security of the property of the City; and (f), the receiving of advice that is subject to solicitor-client privilege, including communications for that purpose, with respect to Item 1 of Transportation Committee Report 17, Item1 – Pay and Display Implementation.

CARRIED with Councillor Hunter dissenting.

IN CAMERA SESSION

IN COUNCIL

MOTION NO. 35/18

Moved by Councillor R. Chiarelli

Seconded by Councillor M. Bellemare

WHEREAS Council is committed to providing improved e-government services to the residents of Ottawa; and

WHEREAS that technology adopted in the area of metered parking must be flexible enough to incorporate new technologies today and throughout the next decade as new technologies become available;

BE IT RESOLVED THAT the staff also include in any competitive procurement process a requirement that all applicants provide for future adaptability with respect to new technologies, both with respect to current technologies (such as cell phone/text notification to individual parking meter customers of pending expiration of paid parking periods, along with the ability to replenish their time on the meter via cell phone and/or text messaging and the acceptance by meters of comprehensive "smart" cards, including a card that is used to pay/acquire service in multiple city service areas (e.g.: transit, library, parks and recreation), and any technological innovations that are not yet in use but which could become available over the course of the contract and could improve efficiency of service to Ottawa parking meters.

CARRIED

MOTION NO. 35/19

Moved by Councillor S. Desroches

Seconded by Councillor P. Feltmate

BE IT RESOLVED THAT a fairness commissioner be engaged to participate in any competitive procurement process for the proposal for Pay and Display machines.

CARRIED with Councillor G. Hunter dissenting.

MOTION NO. 35/20

Moved by Councillor C. Doucet

Seconded by Councillor A. Cullen

Whereas City Council does not feel the current Request for Qualifications (RFQ) process for the acquisition of Pay and Display parking machines will result in the most innovative and competitive result for the provision of parking services for the City of Ottawa;

And whereas the City considers it appropriate to initiate a new process to ensure the City achieves best services for best value and allows all interested vendors to have an opportunity to participate.

Therefore Be It Resolved that Council:

1. Reject the proposal from Precise Parklink Inc. to implement Pay and Display technology in the City of Ottawa under the framework of the Ottawa Option.

2. Terminate the City’s existing Request for Qualifications (RFQ) process for the acquisition of Pay and Display parking payment systems.

3. Direct staff to immediately develop and initiate a new competitive procurement process for Pay and Display parking machines and operational services and/or other similar goods and services which would include the following parameters:

a) the process would encourage the maximum participation from the vendor community;

b) innovative financing, acquisition or operational options for the goods and services would be sought;

c) any projected revenues or savings to the City would be guaranteed through appropriate financial and/or other commitments; and,

d) risks to both the vendor and the City in any proposed business relationship would be clearly outlined and be appropriate in the circumstances.

e) the process would encourage modern customer convenience features, provide for servicing ease as well as ease of upgrading the technology.

LOST on a division of 10 YEAS to 11 NAYS as follows:

YEAS (10): Councillors M. Bellemare, J. Legendre, D. Deans, D. Holmes, P. Feltmate, C. Leadman, C. Doucet, M. Wilkinson, S. Desroches and A. Cullen.

NAYS (11): Councillors G. Hunter, J. Harder, S. Qadri, B. Monette, D. Thompson, R. Bloess, R. Chiarelli, G. Bédard, R. Jellett, G. Brooks and M. McRae.

MOTION NO. 35/21

Moved by Councillor M. McRae

Seconded by Councillor C. Leadman

BE IT RESOLVED THAT City Council direct staff to prepare a report for CSEDC and Council reviewing the Ottawa Option, including an analysis of any weaknesses and options to strengthen the process.

CARRIED

Item 1 of Transportation Committee Report 17 was then put to Council and CARRIED as amended by Motion Nos. 35/18, 35/19 and 35/21, on a division of 12 YEAS to 9 NAYS as follows:

YEAS (12): Councillors G. Hunter, J. Harder, S. Qadri, B. Monette, D. Thompson, R. Bloess, R. Chiarelli, G. Bédard, R. Jellett, G. Brooks, S. Desroches and M. McRae.

NAYS (9): Councillors M. Bellemare, J. Legendre, D. Deans, D. Holmes, P. Feltmate, C. Leadman, C. Doucet, M. Wilkinson and A. Cullen.

2. Offer of Provincial Funding for Environmental Assessment of Improvements to Ottawa ROAD 174/ Prescott-Russell Road 17 East of Trim Road

Committee recommendations as amended

1. That Council advise the Province of Ontario that the City of Ottawa is unable to accept the offer of $5M at this time to fund an environmental assessment for the widening of the Highway 174 (Trim Road easterly to Rockland) on the basis that the expansion is not needed to address growth pressures in the City of Ottawa over the 20-year planning period and is therefore not included in the current Official Plan of the City of Ottawa.

2. That Council further advise the Province of Ontario that Council is prepared to provide the necessary authorization to the Province of Ontario or to the United Counties of Prescott and Russell to conduct an environmental assessment for the widening of the Highway 174 (Trim Road easterly to Rockland) as agent for the City of Ottawa on the basis of an agreement being entered into between the City, the Province of Ontario and or the United Counties that will include the following:

a) all costs of the environmental assessment shall be borne by the Province or the United Counties and the Province;

b) the environmental assessment shall examine such matters as are identified in part by the City of Ottawa;

c) the schedule for the environmental assessment shall allow for a two month period for the City of Ottawa to provide comments after completion of phase 2 of the environmental assessment and again prior to the filing of the Notice of Completion.

The recommendations were divided for voting purposes.

Recommendation 1 CARRIED on a division of 18 YEAS to 1 NAY as follows:

YEAS (18): Councillors G. Hunter, J. Legendre, J. Harder, D. Deans, S. Qadri, D. Holmes, B. Monette, R. Bloess, R. Chiarelli, P. Feltmate, G. Bédard, R. Jellett, C. Leadman, C. Doucet, M. Wilkinson, S. Desroches, A. Cullen and P. Hume.

NAYS (1): Councillors M. Bellemare.

Recommendation 2 CARRIED.

3. Provincial Transportation grant

Committee recommendations

That Council:

1. Authorize the Mayor to sign a letter acknowledging receipt of provincial notification of the Municipal Road and Bridge Infrastructure Investment grant of $14,644,949; and

2. Approve a by-law, provided as Document 2, related to the City’s requirements regarding this grant.

CARRIED

Motion to Adopt Reports

MOTION NO. 35/22

Moved by Councillor C. Doucet

Seconded by Councillor S. Qadri

That the Agriculture and Rural Affairs Committee Report 21, Community and Protective Services Committee Reports 22A and 23, Corporate Services and Economic Development Committee Report 22, Planning and Environment Committee Report 28B, Transportation Committee and Transit Committee Joint Report 5 and Transportation Committee Report 17 be received and adopted as amended.

CARRIED

Motions of which Notice has Been Given Previously

MOTION NO. 35/23

Moved by Councillor D. Deans

Seconded by Councillor J. Legendre

WHEREAS a policy on international travel should be established for City Council that includes a clear rationale for accepting invitations, who pays for the costs associated with travel and consultation with the Department of Foreign Affairs;

AND WHEREAS that policy should also include the notification of Council of all invitations and establish a protocol for determining the makeup of any delegations to attend foreign events to ensure the proper representation of the City and Council;

AND WHEREAS as the Nation’s Capital the presence of Ottawa Councillors at certain international events can leave the impression of representing the Country as a whole;

THEREFORE BE IT RESOLVED THAT as part of the preparation of a Code of Conduct for City Council a policy be developed that addresses invitations to members of Council from foreign governments for all-expense paid trips;

AND BE IT FURTHER RESOLVED THAT further trips of this nature require the endorsement of City Council until such time as a Code of Conduct has been established and approved.

MOTION NO. 35/24

Moved by Councillor D. Deans

Seconded by Councillor R.Chiarelli

That Motion No. 35/23 be referred to the Member Services Committee.

REFERRAL CARRIED

By-laws Three Readings

MOTION NO. 35/25

Moved by Councillor C. Doucet

Seconded by Councillor S. Qadri

That the following by-laws be enacted and passed:

2008-133 A by-law of the City of Ottawa to confirm the City of Ottawa’s commitments with respect to receipt of a grant from the Province of Ontario for municipal road and bridge capital investment needs.

2008-134 A by-law of the City of Ottawa to confirm the City of Ottawa’s commitments with respect to receipt of a grant from the Province of Ontario for municipal capital expenditures related to the implementation of a central fare collection system.

2008-135 A by-law of the City of Ottawa to amend By-law No. 2003-500 respecting the water and sewer surcharge and other water system charges.

2008-136 A by-law of the City of Ottawa to amend By-law No. 2003-514 respecting fees for sewer use.

2008-137 A by-law of the City of Ottawa to establish the Water Fleet Reserve Fund for the City of Ottawa and to transfer and consolidate water rate related depreciation charges from the Corporate Fleet Reserve Fund to the Water Fleet Reserve Fund.

2008-138 A by-law of the City of Ottawa to establish the Wastewater Fleet Reserve Fund for the City of Ottawa and to transfer and consolidate wastewater rate related depreciation charges from the Corporate Fleet Reserve Fund to the Wastewater Fleet Reserve Fund.

2008-139 A by-law of the City of Ottawa to amend By-law No. 2003-274 respecting the Corporate Fleet Reserve Fund.

2008-140 A by-law of the City of Ottawa to designate 3670 Jockvale Road, as being exempt from Part Lot Control.

2008-141 A by-law of the City of Ottawa to designate 572 to 608 and 567 to 597 Bidwell Street, as being exempt from Part Lot Control.

2008-142 A by-law of the City of Ottawa to designate 105, 107, 134, 136, 172, 174, 176 and 178 Prem Circle, as being exempt from Part Lot Control and to repeal By-law No. 2008-102.

2008-143 A by-law of the City of Ottawa to amend By-law No. 2002-189 respecting the licensing, regulating and governing of body-rub parlours.

2008-144 A by-law of the City of Ottawa to dedicate and lay out certain land as common and public highway.

2008-145 A by-law of the City of Ottawa to amend By-law No. 333 of 1999 of the former City of Gloucester to change the zoning for the property known municipally as 1777 Montréal Road.

2008-146 A by-law of the City of Ottawa to amend By-law Number 93-98 of the former City of Ottawa to change the zoning for the property known municipally as 187 Metcalfe Street.

2008-147 A by-law of the City of Ottawa to amend the Official Plan for the City of Ottawa exempting the requirement for a Community Design Plan prior to the development of the Innes Snow Disposal Facility at 2170 Mer Bleue Road.

2008-148 A by-law of the City of Ottawa to amend By-law No. 333 of 1999 of the former City of Gloucester to change the zoning for part of the property known municipally as 2170 Mer Bleue Road.

2008-149 A by-law of the City of Ottawa to amend By-law No. 333 of 1999 of the former City of Gloucester to change the zoning for part of the property known municipally as 2170 Mer Bleue Road.

2008-150 A by-law of the City of Ottawa to amend By-law No. 2003-499 respecting Fire Routes.

2008-151 A by-law of the City of Ottawa to amend By-law No. 2002-521 to delete the names of certain private roadways and to add the names of certain private roadways.

2008-152 A by-law of the City of Ottawa to amend By-law No. 2006-273 to appoint Municipal Law Enforcement Officers with respect to parking infractions on City Streets and City Property.

2008-153 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.

2008-154 A by-law of the City of Ottawa to amend By-law Number 83-98 of the old Corporation of the City of Ottawa to appoint Municipal Law Enforcement Officers – Markets.

2008-155 A by-law of the City of Ottawa to amend By-law Number 2-79 to expand the Westboro Improvement Area.

2008-156 A by-law of the City of Ottawa to amend By-law Number 86-87 to expand the Preston Improvement area.

2008-157 A by-law of the City of Ottawa to establish certain lands as common and public highway and assume them for public use (Findlay Creek Drive).

CARRIED

Confirmation By-law

MOTION NO. 35/26

Moved by Councillor D. Holmes

Seconded by Councillor C. Leadman

THAT By-law 2008-158 to confirm the proceedings of Council be enacted and passed.

CARRIED

Inquiries

The following inquiries were received:

From Councillor C. Doucet with respect to the Child Care Services Plan 2007-2008.

From Councillor C. Doucet with respect to the Governance Review – Citywide Services vs. Ward Projects.

Adjournment

Council adjourned the meeting at 6:27 p.m.

CITY CLERK

MAYOR