Ottawa City Council

Minutes

Meeting 26

23 January 2002

 

 

 


The Council of the City of Ottawa met at Andrew S. Haydon Hall, 110 Laurier Avenue West, Ottawa, on 23 January at 1:30 p.m.

 

The Mayor, Bob Chiarelli, presided and led Council in prayer.

 

The National Anthem was sung by grade 2 students from L'Odyssée Elementary Public School.

 

 

Roll Call

 

ALL MEMBERS WERE PRESENT

 

 

Declarations of Interest Arising from Prior Meetings of Council and Committees

 

See specific agenda item for declarations (Agriculture and Rural Affairs Committee Report 10, Item 1, and Planning and Development Committee Report 21, Item 7).

 

 

Confirmation of Minutes

 

The Minutes of the regular Council meeting of 9 January 2001 were confirmed.

 

 

Communications

 

No Communications were filed.

 


Regrets

 

No Regrets were filed.

 

 

Motion to Introduce Committee Reports

 

MOTION NO. 26/1

 

Moved by Councillor E. Arnold

Seconded by Councillor R. Chiarelli

 

That Corporate Services and Economic Development Committee Report 21, Emergency and Protective Services Committee Report 14, Health, Recreation and Social Services Committee Reports 17 and 17A (In Camera) and Planning and Development Committee Report 21, be received and considered, and that the Rules of Procedure be suspended to receive and consider Agriculture and Rural Affairs Committee Report 10.

 

CARRIED

 

 

Agriculture and Rural Affairs Committee Report 10

 

1. Spratt Municipal Drain

 

 

Committee Recommendation

 

That Council adopt the Engineer’s Report for the Spratt Municipal Drain and give first and second reading to the attached By-law in accordance with Sections 42 and 45 of the Drainage Act of Ontario, as amended.

 

DECLARATION OF INTEREST

 

Councillor P. McNeely declared an interest on Item 1 of Agriculture and Rural Affairs Committee Report 10 advising that he has a professional interest with Stantec Consulting Ltd.

 

Councillor P. McNeely did not take part in the discussion or vote on this item.

 

Item 1 of Agriculture and Rural Affairs Committee Report 10 was then put to Council and CARRIED.


Corporate Services and Economic Development Committee Report 21

 

1. Ottawa Academy of Hospital Executives -
Capital Funding Support

 

 

Committee Recommendations as Amended

 

1. Council will waive development charges on hospital capital projects, on a case-by-case basis, subject to a city staff report confirming that the projects fall within the scope of this 10-year program;

 

2. Council will remit permit fees paid to the City on hospital capital projects, on a case-by-case basis, subject to a city staff report confirming that the projects fall within the scope of this 10-year program;

 

3. Council will re-institute a development charge on new growth to help hospitals cover the health care costs incurred by growth, subject to provincial government approval;

 

4. If all hospitals agree to participate, Council will agree to administer and promote a program to allow Ottawa residents to make a voluntary, tax-deductible contribution to the local hospitals for capital projects; and

 

5. Council will continue to work with the hospitals to identify other possible sources of hospital capital outside of the normal City revenues.

 

CARRIED with Councillor D. Thompson dissenting on Recommendations 1, 2 and 3.

 

 

2. 2002 Sinking Fund Levies

 

Committee Recommendation

 

That Council receive this report for information.

 

RECEIVED

 


 

3. 2002 Interim Property Tax Rates and Due Dates

 

 

Committee Recommendations

 

That Council approve:

 

1. That the 2002 interim property tax rate for assessment in the residential, farm and pipeline classes be 50% of the tax levy set for the 2001 final taxation;

 

2. That the amount the protected classes are billed on the interim tax billing be set at the maximum percent of last year’s tax levy, as permitted by legislation (50% of the 2001 taxes);

 

3. That the following tax due dates be approved for 2002:

Interim: March 21, 2002

Final: June 20, 2002

 

4. That the penalty and interest percentage charge on overdue and unpaid tax arrears remain at the rate of 1.25% per month (15% per year) unchanged from 2001.

 

CARRIED

 

 

 

4. Revised 2002 Budget Timetable

 

 

Committee Recommendation

 

That Council approve the revised 2002 Budget Timetable as outlined in this report.

 

CARRIED

 


 

5. Amendments to the Delegation of Authority By-Law

 

 

Committee Recommendation

 

That Council enact amendments to By-law No. 2001-12, being the Delegation of Authority By-law, as detailed in the draft Amending By-law attached as Annex “A” to this report.

 

CARRIED

 

 

6. Sale of Land - Parts of Borealis Crescent

 

 

Committee Recommendations

 

That Council:

 

1. Declare the portions of Borealis Crescent to be closed by by-law, described as Parcels A to C on Annex A, Parcels D to F on Annex B and Parcel G on Annex C, shown as Parts 1 through 7 Plan 4R-17199, City of Ottawa, surplus to the City's needs;

 

2. Approve the sale of the portions of Borealis Crescent, 139 m2 in area, described Parts 1, 2, 3, 5, 6 and 7, Plan 4R-17199, City of Ottawa, referred to in Recommendation 1, subject to any easements that may be required, to Claridge Homes for the amount of $1.00;

 

3. Approve the sale of that portion of Borealis Crescent, 0.1 m2 in area, described as Part 4, Plan 4R-17199, City of Ottawa, referred to in Recommendation 1, subject to any easements that may be required, to V. & A. Motora, for the amount of $1.00.

 

CARRIED

 


 

7. Financial Services Agreement and Bankers and Signing Officers

 

 

Committee Recommendations

 

That Council approve:

 

1. That the City Treasurer be authorized to negotiate with, deposit with or transfer to the Bank all or any cheques and other orders for payment of money for credit to the City’s account only;

 

2. That all cheques be signed on behalf of the City by the Mayor and the City Treasurer unless delegated authority has been provided to authorized City staff;

 

3. That the City Treasurer be authorized for and on behalf of the City to receive the statement of accounts from the bank and to sign and deliver to the Bank the Bank’s form of verification, settlement of balance and release;

 

4. That the City Treasurer be authorized to obtain delivery from the Bank of all or any stocks, bonds and other securities held by the Bank on behalf of the City;

 

5. That the City Treasurer be authorized to execute the standard form Financial Services Agreement and such other forms and documents required to complete the administrative arrangements with the Bank; and

 

6. That the City Clerk be directed to certify the attached resolution on behalf of the City and return same to the Bank.

 

CARRIED

 


 

8. Attendance - 2002 ROMA/OGRA Conference -
Appointment - ROMA Zone Representative

 

Committee Recommendation

 

That Council endorse Councillor Doug Thompson to stand for re-election as the Zone 8 Representative on the Board of Directors of the Rural Ontario Municipal Association (ROMA).

 

CARRIED

 

 

9. Harmonization - Break Open Tickets

 

 

Committee Recommendations

 

That Council approve:

 

1. The application of a “grandfather clause” (status quo) that would expire 18 months following the date of Council’s approval for all charities holding multiple break open ticket licenses in the City of Ottawa;

 

2. That organizations selling Break Open Tickets from within their premises be treated as a third party location and allowed only one site per municipality, in accordance with Provincial Guidelines;

 

3. That the Alcohol and Gaming Commission of Ontario be notified of the approval of this policy and be requested to implement the same provisions for the provincial Break Open Ticket Licenses operating within the City of Ottawa.

 

CARRIED

 


 

10. Appointment - Downtown Rideau Business Improvement Area
(B.I.A.)
Management Board

 

 

Committee Recommendation

 

That Council approve the appointments of Mr. Jean Letellier, Mr. Jean Senéchal, and Ms. Linda Balduzzi to the Downtown Rideau Business Improvement Area Management Board.

 

CARRIED

 

 

11. Official Designation - Town Crier for the City of Ottawa

 

 

Committee Recommendation

 

That Council officially designate Mr. Daniel Richer as honorary Town Crier for the City of Ottawa, such designation to be effective upon Council approval and expire upon the conclusion of the current Council term.

 

CARRIED

 

 

 


12. Ottawa B.I.A. Marketing Partnership Program

 

Committee Recommendation

 

That Council approve the implementation of the Ottawa BIA Marketing Partnership Program.

 

CARRIED

 


 

13. Support of Diversity and Solidarity in the City of Ottawa

 

Committee Recommendation

 

As a result of the 11 September 2001 tragedy in New York, that Council encourage respect of diversity and the solidarity of all multicultural aspects of the City of Ottawa in this time of international crisis.

 

CARRIED

 

 

14. Kemp Park Local Improvement Sanitary Sewer

 

Committee Recommendation

 

That Council approve the use of the 1989 frontage assessment rates grand-fathered by the former City of Gloucester for the Kemp Park Local Improvement Sanitary Sewers.

 

CARRIED

 

 

15. Commemoration - The Ron Kolbus Lakeside Centre

 

Committee Recommendation

 

That Council approve the recommendation from the Ron Kolbus Commemorative Committee that the Lakeside Gardens Community Centre be designated and renamed “The Ron Kolbus Lakeside Centre”.

 

CARRIED

 

 


Emergency and Protective Services Committee Report 14

 

 

1. By-Laws - Licensing - Taxis - Fees – Harmonization

 

 

Committee Recommendations as Amended

 

That Council: 

 

1.                  Approve amendments to taxi related by-laws to harmonize taxi related license fees and tariffs as per Document 1; and,

That the Taxi Advisory Committee examine the current system of Tariff Rates and make suggestions with regard to fees and enforceability of these fees.

 

2. Approve by-law amendments regulating the provision of half fees for original licenses when such licenses are issued with less than 6 months remaining in the license period, for the following taxi license categories: taxi driver, standard taxicab plate owner, ambassador taxicab plate owner, and taxi broker.

 

CARRIED with Councillor J. Legendre dissenting on the transfer of license fees.

 

 

 

2. Repeal of former Nepean By-law No. 129-90 - Retail Store Hours of operation - Harmonization

 

 

Committee Recommendation

 

That Council repeal By-law No. 129-90, being a by-law of the former Corporation of the City of Nepean to provide for the closing of certain classes of shops during certain hours of the day.

 

CARRIED

 

 


Health, Recreation and Social Services Committee Report 17

 

 

1. Pilot Arts and Heritage Funding Frameworks for 2002

(supplementary report)

 

 

Committee Recommendations

 

That Council:

 

1. Approve the Pilot Arts and Heritage Funding Frameworks for 2002 as recommended in the report presented to Committee on 6 December 2001 attached at Annex 1 (Ref. No. ACS2001-PEO-IDP-0018).

 

2. Delegate authority to People Services to allocate cultural funding in 2002, through peer and staff assessment as defined in the report, subject to budget approval.

 

CARRIED with Councillors G. Hunter, J. Harder and S. Little dissenting.

 

 

 

2. Festival Funding (2002)

 

 

Committee Recommendations

 

That Council:

 

1. Approve the 2001 level of funding ($713,084) to 33 festival organizations for 2002, subject to budget approval.

 

2. Direct staff to develop a new Major Festivals, Fairs and Events funding program and report to Committee in October 2002

 

CARRIED with Councillor G. Hunter dissenting.

 


Health, Recreation and Social Services Committee Report 17A

 

1. Seniors Advisory Committee Appointment

 

 

Committee Recommendation

That Council approve the appointment of Jean Comtois to the Seniors’ Advisory Committee for a two year term.

 

CARRIED

 

 

Planning and Development Committee Report 21

 

 

1.    Zoning - 2710 March Road and 1575 Diamondview Road

 

 

Committee Recommendation

 

That Council approve an amendment to the former Township of West Carleton Zoning By-law, to modify the zoning to “CT-5(h)” –Tourist Commercial, Special Exception 5 Zone, Holding, for property located at 2710 March Road and “CT-6(h)” Tourist Commercial, Special Exception 6 zone, Holding,  for property located at 1575 Diamondview Road.

 

CARRIED

 

 

2. Zoning  - 3759 Carp Road

 

 

Committee Recommendation

 

That Council approve an amendment to the former Township of West Carleton Zoning By-law, to zone the property at 3759 Carp Road to “C1-1”-Commercial Type 1, Special Exception 1 Zone, to provide a reduction in the rear yard to a minimum of 1.5 metres and a reduction in lot area to a minimum of 1000 square metres.

 

CARRIED


 

 

3. Zoning -224 Donald B. Munro Drive

 

 

Committee Recommendation

 

That Council approve an amendment to the former Township of West Carleton Zoning By-law, to zone the existing lot and the abutting lot line adjustment of 224 Donald B. Munro Drive Avenue from OST – Open Space-Temporary to “RU-8”-Rural, Special Exception 8 Zone.

 

CARRIED

 


4. Zoning  - 105 Green Meadow Court

 

 

Committee Recommendation

 

That Council approve an amendment to the former Township of West Carleton Zoning By-law, to approve a textual modification to the existing “RCL-40”-Country Lot Residential, Special Exception 40 Zone to recognize a modification, by way of a 0.109 hectare lot line adjustment severance, to the lot areas for Lots 2 and 6 on Plan 4M-939.

 

CARRIED

 

 

 

5. Zoning - 152 Whitetail Drive, Pinery Estates Subdivision, Phase 2

 

 

Committee Recommendation

 

That Council approve an amendment to the former Township of West Carleton Zoning By-law, to zone the next phase of the Pinery Estates Subdivision as per the conditions of subdivision approval, to the “OS-3”-Open Space Special Exception 3 Zone and “RCL-31” -Country Lot Residential, Special Exception 31 Zone, as shown in Document 2.

 

CARRIED

 

 

 

6. Zoning - 6047, 6057, 6069 and 6075 Perth Street

 

 

Committee Recommendation

 

That Council approve an amendment to the former Township of Goulbourn By-law 40/99, to zone 6047, 6057, 6069 and 6075 Perth Street from “R-4” – Residential Type 4 to “R-1”-Residential Type 1 zone.

 

CARRIED

 

 

7. Zoning - 485-487 Preston Street and 66-68 Adeline Street

 

 

Committee Recommendation

 

That Council approve an amendment to the former City of Ottawa Zoning By-law, 1998, to extend non-conforming rights to a gas station located at 485-487 Preston Street to those lands located at 66-68 Adeline Street; and further that staff be directed to bring forward this By-law to Council for approval once a Site Plan Control Agreement for the expansion of the gas station facility has been executed by the applicant and the City.

 

DECLARATION OF INTEREST

 

Councillor A. Cullen declared an interest on Item 7 of Planning and Development Committee Report 21 as his landlord owns the property on Preston Street.

 

Councillor A. Cullen did not take part in the discussion or vote on this item.

 

Item 7 of Planning and Development Committee Report 21 was then put to Council and CARRIED with Councillor E. Arnold dissenting.


 

 

8. Request for an Exemption from the Fencing By-law and Private Roadway Dedication - 24 Steel Street (Former City of Gloucester)

 

 

Committee Recommendations

 

That Council approve:

 

1.                  an exemption to the Fencing By-law Number 81–98 of the former City of Gloucester to allow for an increase in the maximum permitted height of specific sections of fencing located on the subject property, as detailed in Documents 1 and 2;

 

2.                  to amend By-law 115-80, respecting private roadways, by adding the following street name to Schedule “A” of the by-law when all conditions have been met:

 

MAXTON PRIVATE

 

3. that an agreement be executed between the City and the property owner as required by and containing the standard conditions of By-law 115-80.

 

CARRIED

 

 

MOTION TO ADOPT COMMITTEE REPORTS

 

MOTION NO. 26/2

 

Moved by Councillor E. Arnold

Seconded by Councillor R. Chiarelli

 

That Agriculture and Rural Affairs Committee Report 10, Corporate Services and Economic Development Committee Report 21, Emergency and Protective Services Committee Report 14, Health, Recreation and Social Services Committee Reports 17 and 17A (In Camera) and Planning and Development Committee Report 21 be received and adopted as amended.

 

CARRIED

 


 

Motion to Introduce By-laws First and Second Reading

 

First and Second reading was given to a by-law of the City of Ottawa to provide for the realignment of draining works – Spratt Municipal Drain.

 

 

MOTION NO. 25/3

 

Moved by Councillor E. Arnold

Seconded by Councillor R. Chiarelli

 

That the following by-laws be enacted and passed:

Three Readings

 

2002-22         A by-law of the City of Ottawa to amend the Official Plan of the old Corporation of the City of Ottawa - OPA 51 - 3930 Riverside Drive.

 

2002-23         A by-law of the City of Ottawa to amend Zoning By-law, 1998 of the old Corporation of the City of Ottawa - 3860 and 3930 Riverside Drive.

 

2002-24         A by-law of the City of Ottawa to amend the Official Plan of the old Corporation of the Township of West Carleton - OPA 90 – 2545 Carp Road.

 

2002-25         A by-law of the City of Ottawa to amend By-law No. 266/81, as amended, a by-law of the old Corporation of the Township of West Carleton – 2545 Carp Road.

 

2002-26         A by-law of the City of Ottawa amending the Zoning By-law, 1998, being By-law Number 93-98 of the old City of Ottawa  - 599 Smyth Road.

 

2002-27         A by-law of the City of Ottawa amending the Urban Zoning By-law No. 1-84 of the old Corporation of the City of Cumberland – East of Trim Road (Cardinal Creek).

 

2002-28         A by-law of the City of Ottawa amending the Urban Zoning By-law No. 1-84 of the old Corporation of the City of Cumberland – East of Tenth Line Road (Minto Core).

 

2002-29         A by-law of the City of Ottawa amending the Zoning By-law, 1998, being By-law Number 93-98 of the old Corporation of the City of Ottawa. – Anomalies.

 

2002-30         A by-law of the City of Ottawa amending the Zoning By-law, 1998, being By-law 93-98 of the old City of Ottawa - 1119 Walkley Road.

 

2002-31         A by-law of the City of Ottawa amending the Zoning By-law, 1998, being By-law Number 93-98 of the old City of Ottawa - 127 Catherine Street.

 

2002-32         A by-law of the City of Ottawa to amend By-law No. 266/81, as amended, a by-law of the old Corporation of the Township of West Carleton – 152 Whitetail Drive (Pinery Estates).

 

2002-33         A by-law of the City of Ottawa to amend By-law No. 266/81, as amended, a by-law of the old Corporation of the Township of West Carleton - 3759 Carp Road.

 

2002-34         A by-law of the City of Ottawa to amend By-law No. 266/81, as amended, a by-law of the old Corporation of the Township of West Carleton - 224 Donald B. Munro Drive.

 

2002-35         A by-law of the City of Ottawa to amend By-law No. 266/81, as amended, a by-law of the old Corporation of the Township of West Carleton – 105 Green Meadow Court.

 

2002-36         A by-law of the City of Ottawa to amend By-law No. 266/81, as amended, a by-law of the old Corporation of the Township of West Carleton – 2710 March Road and 1575 Diamondview Road.

 

2002-37         A by-law of the City of Ottawa to amend By-law No. 40/99 of the former Corporation of the Township of Goulbourn - Copeland and Conley Roads.

 

2002-38         A by-law of the City of Ottawa to establish procedures, including the giving of notice to the public, governing the sale of real property owned by the City of Ottawa.

 

2002-39         A by-law of the City of Ottawa to amend By-law No. 2001-468 – Appointment of Municipal Law Enforcement Officers in accordance with the private property parking enforcement program.

 

2002-40         A by-law of the City of Ottawa repealing By-law No. 129-90 of the old Corporation of the City of Nepean.

 

2002-41         A by-law of the City of Ottawa amending By-law No. 120-97 of the old Corporation of the City of Kanata.

 

2002-42         A by-law of the City of Ottawa amending By-law No. 115-2000 of the old Corporation of the City of Nepean.

 

2002-43         A by-law of the City of Ottawa amending By-law Number L6-2000 of the old Corporation of the City of Ottawa.

 

2002-44         A by-law of the City of Ottawa amending By-law No. 34-00 of the old Corporation of the City of Vanier.

 

2002-45         A by-law of the City of Ottawa amending By-law No. 56-99 of the old Corporation of the City of Cumberland.

 

2002-46         A by-law of the City of Ottawa amending By-law No. 41 of 1998 of the old Corporation of the City of Gloucester.

 

2002-47         A by‑law of the City of Ottawa to amend By-law No. 40/99 of the old Corporation of the Township of Goulbourn - 6047, 6057, 6069 and 6075 Perth Street.

 

2002-48         A by-law of the City of Ottawa to designate 650 Carson's Road (Carwood Circle) as being exempt from Part Lot Control.

 

2002-49         A by-law of the City of Ottawa amending By-law No. 2001-12, as amended – Delegation of Authority.

 

2002-50         A by-law of the City of Ottawa amending By-law No 2002-18  - technical amendment limousines.

 

2002-51         A by-law of the City of Ottawa to stop up, close and authorize the sale of portions of Borealis Crescent.

 

CARRIED

 

 

Motions (Of Which Notice Has Been Given Previously)

 

MOTION 26/4

 

Moved by Councillor C. Doucet

Seconded by Councillor W. Stewart

 

WHEREAS the Glebe Community Association will be holding its annual Dance and Social on Saturday February 23 between 8 p.m. and 12 a.m. (midnight) at the Glebe Community Centre (690 Lyon Street). 

 

AND WHEREAS the Glebe Community Association Dance and Social will be using amplified music and sound reproduction devices during this event.

 

AND WHEREAS this annual event is meaningful to the community.

 

THEREFORE BE IT RESOLVED THAT the provisions of the Old City of Ottawa Noise By-Law 3-97 shall not apply so as to preclude the Glebe Community Association’s Dance and Social, at the Glebe Community Center on February 23, from using sound reproduction devices which might disturb the peace and comfort of an area resident between 8 p.m. and 12 a.m.

 

CARRIED with Councillor G. Hunter dissenting.

 

 

MOTION 26/5

 

Moved by Councillor S. Little

Seconded by Councillor D. Thompson

 

WHEREAS the Encroachment By-law 167-73, of the former City of Ottawa, as amended, provides for the issuance of temporary surface encroachment permits for outdoor cafes;

 

AND WHEREAS Section 5 of the “Regulations Governing the Issuance and Administration of Encroachment Permits for Outdoor Cafes”, as adopted by Council on June 5, 1991, provides that all new requests for outdoor patios must conform to the land use separation distance of 30 metres (100 feet) from any property zoned for residential or public use, and if this distance is not provided and maintained, the application will not be processed further and the encroachment permit will be refused;

 

AND WHEREAS an application from 249 Richmond Road, for a temporary encroachment permit to operate an outdoor patio, located within the Tweedsmuir Avenue road allowance has been refused because the applicant’s restaurant is located within 30 metres of a property zoned for residential use;

 

AND WHEREAS after public consultation, the majority of residents in the area are supportive of the operation of the patio at this location;

 

THEREFORE BE IT RESOLVED THAT City Council waive the provisions of Section 5 of the “Regulations Governing the Issuance and Administration of the Encroachment Permits for Outdoor Cafes”; and

 

BE IT FURTHER RESOLVED THAT the General Manager of Transportation, Utilities and Public Works be instructed to issue a temporary encroachment permit to allow an outdoor patio within the Tweedsmuir Avenue road allowance at 249 Richmond Road, to be reviewed on a yearly basis and renewed subject to no complaints from the community regarding this operation and subject to the same conditions which are applied to all outdoor patios for which temporary encroachment permits are issued, in addition to the following conditions:

 

  1. that this outdoor patio is located a minimum of 3 metres (10 feet) from the Tweedsmuir Avenue edge of pavement;

 

  1. that this outdoor patio shall be closed at ___________ ;

 

  1. that the General Manager of Transportation, Utilities and Public Works report to the Transportation and Transit Committee if any noise related complaints are received regarding the operation of this outdoor patio; and

 

  1. that in the event that the permit is revoked or not renewed, the owner be required to reinstate the portion of the public property occupied by the patio to the satisfaction of the General Manager of Transportation, Utilities and Public Works.

 

 

MOTION 26/6

 

Moved by Councillor S. Little

Seconded by Councillor D. Thompson

 

That Recommendation 2 be deleted.

 

CARRIED

 

Motion 26/5 was then put to Council and CARRIED as amended by Motion 26/6.

 

 

Confirmation By-law

 

MOTION NO. 25/7

 

Moved by Councillor E. Arnold

Seconded by Councillor R. Chiarelli

 

That By-law 2002-52 to confirm the proceedings of Council be enacted and passed.

 

CARRIED

 


Adjournment

 

Council adjourned the meeting at 3:28 p.m.

 

 

 

 

 

 

 

 

 

DEPUTY CITY CLERK

 

MAYOR