Ottawa City Council

22 May 2002

Kinburn Community Centre

3045 Kinburn Sideroad

7:00 p.m.

 

Dispositon 34

 

 

Committee Reports

 

Corporate Services and Economic Development Committee Report 28A

 

    

     1.     Accessibility Advisory Committee -
            Consolidation of By-Laws, Zoning and Other Regulations

 

 

Committee Recommendations

 

WHEREAS the amalgamation of the 11 former municipalities into one City will mean that all former by-laws, zoning and other regulations must be consolidated; and

 

WHEREAS the community of persons with disabilities wants to ensure that the new City of Ottawa’s by-laws, zoning and all other regulations ensure equal access for all; and

 

WHEREAS it is understood that such consolidation is either about to begin or has just begun; and

 

WHEREAS it is understood that the upcoming enactment of the Ontarians with Disabilities Act (ODA) will require municipalities to amend their policies and by-laws to ensure compliance;

 

THEREFORE be it resolved that Council approve that staff be directed to address accessibility issues throughout this process of integration.

 

                                                                                                            CARRIED

 

 

    

     2.     Professional and Consulting Service Contract(s) with a Cumulative
Total Value of $100,000 or More and Legal Outsourcing Costs  for 2001

 

 

Committee Recommendation

 

That Council receive this report for information.

 

                                                                                                            RECEIVED

 

 

    

     3.     Ontarians With Disabilities Act, S.O. 2001, C.32

 

 

Committee Recommendations

 

That Council approve:

 

1.         That, under the direction of the General Manager of Corporate Services, an Inter-departmental Task Force be established to:

 

a.         develop the 2002 accessibility plan under the Ontarians with Disabilities Act; and

 

b.         prepare a report to Council recommending measures to implement the requirements set out in the Ontarians with Disabilities Act;

 

2.         That the Task Force prepare its plan and report in consultation with the Accessibility Advisory Committee.

 

                                                                                                            CARRIED

 

 

    

     4.     Sale of Land - 136 Duford Street

 

 

Committee Recommendations

 

That Council:

 

1.         Declare A 487.38 M2 Parcel Of Vacant Land Located At 136 Duford Street, Described As Parts 6 And 21 On Reference Plan 4r-14118, As Surplus To City Requirements;

 

2.         Approve the sale of the land described in Recommendation 1, reserving an easement to Hydro Ottawa over Part 21 on Reference Plan 4R-14118, to Marc Madore and Colette Madore for $80,000.00 plus GST, pursuant to an Agreement of Purchase and Sale that has been received.

 

                                                                                                            CARRIED

 

 

    

     5.     Sale of Land - 1505 Carling Avenue

 

 

Committee Recommendation

 

That Council approve the sale of a 5930.6 m2 parcel of vacant land, municipally identified as 1505 Carling Avenue, to 52 Concord Holdings Inc. for $626,000.00 plus GST, subject to environmental clearance, and subject to any easements that may be required, pursuant to an Agreement of Purchase and Sale that has been received.

 

                                                                                                            CARRIED

 

 

    

     6.     Sale of Land - 4987 Frank Kenny Road

 

Committee Recommendations

 

That Council:

 

1.         Declare a 2675.5 m2 property in Lot 20, Concession 7, geographic Township of Cumberland, City of Ottawa, described as Part 1 on 4R-16778, as surplus to City requirements;

 

2.         Approve the sale of the property identified in Recommendation 1 to Joseph Trombetta for $1.00 plus GST, pursuant to an Undertaking and Agreement approved by the former City of Cumberland.

 

                                                                                                            CARRIED

 

 

    

     7.     Procedure By-Law - Review

 

 

Committee Recommendations as Amended

 

That Council:

 

1.         Approve the amendments to By-law No. 2001-20, being the existing City of Ottawa Procedure By-law, as outlined in Attachment 1 as amended by the following: 

 

            That where an agenda item is specific to a particular ward, that Section 74 (6) (c) not apply to the particular Ward Councillor;

 

2.         Enact the revised By-law as presented in Attachment 1 as amended by the above.

 

                                                                                                            CARRIED

 

 

    

     8.     Development Services - Ottawa Economic Strategy

 

 

Committee Recommendations

 

That Council approve:

 

1.         The cluster-based economic development approach as a framework to develop the Ottawa Economic Strategy and to grow Ottawa’s economy;

 

2.         The work plan that will guide the development of the Economic Strategy.

 

                                                                                                            CARRIED

 

 

Corporate Services and Economic Development Committee Report 29

 

           

1.         GSI Environnement - Biosolids Contract Extension

 

 

Committee Recommendations

 

That Council approve the proposed GSI Environnement biosolids disposal option and additional funding requirement of $700,000 per year, based on estimated quantities, for the beneficial reuse of biosolids.

 

                                                                                                            CARRIED

 

 

           

2.         Replacement of Assets at the Nepean Sailing Club

 

Committee Recommendations

 

That Council:

 

1.         Approve a loan to the Nepean Sailing Club, in the amount of one million and four hundred and fifty thousand dollars ($1,450,000) at an interest rate of 3.5% per cent to be adjusted annually to the City’s short-term rate of return, and amortized over 21 years.

 

2.         Prior to the issuance of the loan, the Nepean Sailing Club must submit a 5-year business plan demonstrating the Club’s ability to repay the loan.

 

3.         Require that plans and specifications for all new structures, be submitted to the General Manager of People Services, prior to any works commencing, ensuring that City standards are met.

 

4.         Require that the Club establish a capital reserve fund for future capital projects, in the amount of 0.8% of the value of the Club’s assets for the first five years (based on $2.5M assets), and at a rate of 1% for the following years.

 

                                                                                                            CARRIED

 

 

           

3.         Nepean Reserve Fund

 

 

Committee Recommendations as Amended

 

That Council approve:

 

1.         The projects listed to receive funds from the Nepean Reserve Funds;

 

2.         That the Finance Department be the lead department in ensuring that detailed cost estimates are provided, and that the funds are distributed accordingly and with proper financial controls;

 

3.         That recommendations for the Nepean Community Legacy Fund be determined only after public meetings in the effected communities and only after the ward Councillor tables the recommendations at the Corporate Services and Economic Development Committee, and that this process be initiated by October 31, 2002.

 

                                                                                                            CARRIED

 

 

Emergency and Protective Services Committee Report 20

 

    

     1.     By-law Services – Taxi Information Management System

 

Committee Recommendation

 

That Council receive this report for information.

 

                                                                                                            RECEIVED

 

 

    

2.         Taxi Advisory Committee – 2002 Work Plan

 

 

Committee Recommendation

 

That Council approve the Taxi Advisory Committee 2002 Work Plan as outlined in the report.

 

                                                                                                            CARRIED

 

 

    

3.     Motion to Amend Former Municipal Animal Care and
        Control By-laws Regarding Dog Bites

 

Committee Recommendation as Amended

 

WHEREAS by-laws of the former municipalities continue to be in effect until they are repealed, replaced or amended by Council;

 

AND WHEREAS, a harmonized animal care and control by-law, to apply to the whole of the new City as appropriate, is not expected to come forward for Council consideration until later this year given the extent and nature of the required research, public consultation and other related initiatives;

 

AND WHEREAS, the Municipal Act permits Council to pass by-laws requiring the muzzling or leashing of a dog after it has bitten a person or domestic animal;

 

AND WHEREAS, there have been a number of dog bite incidents recently that have occurred in various former municipalities;

 

AND WHEREAS, the sections of the former municipal animal care and control by-laws that provide for enforcement related to dog bites and for measures to address dog bite incidents, such as the requirement for the muzzling of dogs that have bitten a person or domestic animal, are significantly different amongst the former municipal by-laws;

 

AND WHEREAS, those differences do not provide for consistent mechanisms by which By-law Services enforcement personnel may address such dog bite incidents;

 

AND WHEREAS, dog bite incidents are considered to represent a serious public safety issue which warrant by-law amendments in advance of the full animal care and control by-law harmonization; 

 

AND WHEREAS, Council reserves the right to review such by-law amendments when the harmonized animal care and control by-law comes forward;

 

THEREFORE BE IT RESOLVED that the Emergency and Protective Services Committee recommend to Council that the animal care and control by-laws of the former municipalities be amended in accordance with the provisions of Schedule A (attached) to:

 

a)                  establish an unprovoked dog bite or attack, on a person or domestic animal, as a chargeable offence against the owner of the dog;

 

b)                  require the leashing or muzzling or both of a dog that has bitten or attacked a person or domestic animal upon the dog owner being served with a notice to do so pursuant to the by-law;

 

c)                  provide that the dog owner, in receipt of such a notice, may request a hearing to show cause as to why the dog should not be controlled as instructed;

 

d)                  designate the City of Ottawa License Committee as the Animal Control Tribunal;

 

e)                  authorize the Animal Control Tribunal to conduct such hearings on behalf of City Council, and to take such final and binding decisions, as the evidence supports, to either uphold the instructions of the notice or to exempt the dog owner from compliance with all or some of them.

 

Schedule A

 

Definitions:

 

“Animal Control Tribunal” means the committee of council known as the License Committee;

 

“attack” means an assault resulting in bleeding, bone breakage, sprains, or serious bruising;

“bite” means a wound to the skin causing it to puncture or break;

 

“City” means the City of Ottawa;

 

“Director” means the Director of By-law Services of the City or authorized assistants;

 

“muzzle” means a humane fastening or covering device of adequate strength placed over a dog’s mouth to prevent it from biting and the words “muzzled” and “muzzling” have a similar meaning;

“owner” of a dog includes a person who possesses or harbours a dog and, where the owner is a minor, the person responsible for the custody of the minor;

 

“premises of the owner” includes premises where a dog is habitually harboured or fed;

 

“vicious” in respect of a dog means a dog that has bitten or attacked without provocation a person or a domestic animal;

 

“without provocation” means in the absence of teasing, tormenting, abusing or assaulting actions upon the dog, or its owner, either in the past or the present, by the person or domestic animal who sustained the bite or attack.

 

Provisions:

 

No owner of a dog shall permit the dog to bite or attack without provocation a person or domestic animal.

 

Where the Director is informed upon complaint and confirms that a dog is vicious, the Director shall serve notice upon the owner of the vicious dog requiring the owner to comply with any or all of the requirements set out in the applicable sections of the by-law upon receipt of such notice to comply.

 

Every owner of a vicious dog shall at all times when the vicious dog is not in the owner's dwelling unit but otherwise within the boundaries of the owner's premises, ensure that:

(a)        the vicious dog is muzzled so as to prevent it from biting a person or domestic animal, and 

(b)        the vicious dog is securely leashed on a leash which does not allow it to go beyond the property line of the owner's lands.

 

Every owner of a vicious dog shall at all times when the vicious dog is not within the boundaries of the owner's premises,

(a)        keep the vicious dog under the effective control of an adult person and under leash, such leash not to exceed two (2 m) metres in length, and

(b)        keep the vicious dog muzzled.

 

Every owner of a vicious dog shall notify the Director within two (2) working days of any change in ownership or residence of the vicious dog and provide the Director with the new address and telephone number of the owner.

 

Where the owner of a vicious dog is informed that he or she must comply with the applicable sections of the by-law, the owner is entitled to a hearing by the Animal Control Tribunal who may exempt the owner from the muzzling or leashing requirement, or both such requirements.

 

Where the owner of a vicious dog requests in writing to the Director a hearing by the Animal Control Tribunal,

(a)               within fourteen(14) days of receiving the notice to comply, or

(b)               at any time after the Animal Control Tribunal has confirmed the muzzling or leashing requirement, or both, if the circumstances respecting the vicious dog have changed,

            the Director shall advise the Committee Coordinator to the Animal Control Tribunal of the request for a hearing and obtain a hearing date.

 

Upon determination of the hearing date, the Director shall give notice in writing to the owner of the vicious dog, said notice to:

(a)        include a statement,

(i)         as to the time, date, place and purpose of the hearing, and

(ii)        that if the owner of a vicious dog does not attend the hearing the Tribunal may proceed in his or her absence and he or she will not be entitled to any further notice, and

(b)        be served personally or by registered mail to the owner of a vicious dog at his or her address last on file with the Director.

 

The Animal Control Tribunal shall hold the hearing pursuant to the provisions of the Statutory Powers Procedure Act at the time, date and place set out in the notice to comply.

 

The City shall be represented at the hearing by either the Director or the City Solicitor, or the assistant, who is entitled to adduce evidence and submit argument.

 

The owner of the vicious dog may, at the hearing,

(a)        be represented by counsel or an agent,

(b)        call and examine witnesses and present his or her arguments and sub­missions, and

(c)        conduct cross‑examination of witnesses reasonably required for a full and fair disclosure.

 

The Animal Control Tribunal may:

(a)        exempt the owner of the vicious dog from the muzzling or leashing requirement, or both, or

(b)        confirm the muzzling or leashing requirement, or both.

 

The Animal Control Tribunal shall give its decision in writing to the Director within seven (7) days of the date of the completion of the hearing.

 

The Director, in receipt of the decision referred to above, shall forthwith notify the owner of the vicious dog of the decision by serving a copy personally or by registered mail to:

(a)               the owner of the vicious dog at the address last known to the Director, or

(b)               the counsel or agent of the owner of the vicious dog, if any, at his or her address as stated to the Animal Control Tribunal.

 

All hearings shall be public hearings unless the owner of a vicious dog requests that the hearing be held in camera and the Animal Control Tribunal may approve the request by a simple majority.

 

The Animal Control Tribunal’s decision shall be final and binding.

 

Every person who fails to obey a Notice sent pursuant to the applicable sections of the by-law is guilty of an offence.

 

                                                                                                            CARRIED

 

 

Environmental Services Committee Report 16

 

 

1.         Hydro Ottawa Inc. – Annual Report and Annual Meeting of Shareholders

 

 

Committee Recommendation as amended

 

That Council approve:

 

1.                  That the Annual Report and Financial Statements of Hydro Ottawa Holding Inc. for the Year 2001 be received;

2.                  To appoint BDO Dunwoody LLP as auditor of Hydro Ottawa Holding Inc. for the Year 2002;

3.         (a) That Hydro Ottawa Holding Inc. and its subsidiaries be directed to seek requests for proposals for the auditors for the next three-year term starting in 2003; and

            (b)  That two (2) members of the City’s Environmental Services Committee representing the shareholder be part of the auditor selection committee along with representatives of the Board of Directors of Hydro Ottawa Holding Inc.;

4.         To approve the amendment of By-law No. 1 of Hydro Ottawa Holding Inc. in the form set out in the report of the Chair of the corporation;

5.         To authorize the Mayor and City Clerk to sign a written resolution on behalf of the City of Ottawa as shareholder of Hydro Ottawa Holding Inc. setting out the resolutions approved by the City Council. 

 

                                                                                                            CARRIED

 

 

 

2.   Hydro Ottawa – Operating Status and Rate Application

 

Committee Recommendation as amended

 

That Council direct staff to work with Hydro Ottawa Holding Inc. to propose an appropriate dividend policy.

 

                                                                                                            CARRIED

 

 

 

3.        City of Ottawa District Energy System – Memorandum of Understanding for Feasibility Study

 

 

Committee Recommendation as amended

 

That the Environmental Services Committee recommend Council approve the attached Memorandum of Understanding for conduct of work by Energy Ottawa on behalf of the City of Ottawa to evaluate the feasibility of establishing a district energy system in downtown Ottawa, an upset limit to be established.

 

CARRIED as amended by the following Motion:

 

MOTION

 

Moved by Councillor G. Hunter

Seconded by Councillor E. Arnold

 

That the committee recommendation be amended to conclude “to an upset limit of $50,000.”

 

                                                                                                            CARRIED

 

 

 

4.         Britannia Water Purification Plant – Action Plan for Process Discharges

Committee Recommendation

 

            That Council approve:

 

1.                  Approve the Action Plan described below in order to comply with the Ministry of the Environment’s Provincial Officer Orders regarding the Britannia Water Purification Plant;

 

2.                  Direct staff to submit this Action Plan to the Ministry to conform with the 31 May 2002 deadline;

 

3.         Approve a sole-source assignment to CH2M Hill Canada Ltd. to conduct a Water Treatment Plant Waste Management Final Process Selection study, in the amount of $264,825.

 

                                                                                                            CARRIED

Health, Recreation and Social Services Committee Report 25

 

 

1.            The Canadian Canoe and Kayak Festival

 

 

Committee Recommendation as amended

 

That Council approve that staff be directed to include the request from the Canadian Canoe and Kayak Festival for an additional $7,500 from within the 2002 budget envelope.

 

                                                                                                            CARRIED

 

 

2.         Lifetime Welfare Ban

 

 

Committee Recommendation as amended

 

Whereas following the death Kimberly Rogers the province of Ontario has not suspended or rescinded its Regulations providing for automatic suspension.

 

Therefore be it resolved that Health, Recreation and Social Services Committee recommend that Council approve

 

That the City of Ottawa make representation to the Provincial Government and the Association of Ontario Municipalities stating its opposition to the provincial government's lifetime social assistance ban for those convicted of fraud, as the policy is unduly harsh, unnecessarily punitive, contrary to International and Canadian Charter rights and will have serious implications for families and children on social assistance.

 

That the Manager of People Services and the City Solicitor consult with human rights experts in this area and submit a report by June 28, 2002 to the Health, Recreation and Social Services Committee on what legal action the City of Ottawa could undertake in this regard, such report to include an opinion on whether the legislation for a lifetime ban for individuals convicted of social assistance fraud is ultra vires, having regard that it legislates into the Criminal Code area which is federal jurisdiction.  That the report include information on how many people have been affected by this regulation and the circumstances. And that the report include a discussion of the merits and means of having the City of Ottawa's interests represented at the Kimberly Rogers Inquest.

 

                                                                                                            CARRIED

 

3.         Heritage By-law Amendment

 

 

Committee Recommendation

 

That Council approve the role of landscape as part of the heritage environment and community and that Council direct staff to review the by-law and recommend changes, if necessary, with respect to this role.

 

                                                                                                            CARRIED

 

 

 

4.        2002 Per Diem and Administration Rates for Community Child Care Agencies, and 2002 Program Subsidies for Family Resource Services and Programs for Children with Special Needs

 

 

Committee Recommendations

 

That Council approve:

 

1.                  Per Diem and administration rate adjustments for community child care agencies up to a 3% increase retroactive to January 1, 2002.

 

2.                  Program subsidy adjustments for all Family Resource Services and Programs for Children with Special Needs up to a 3% increase retroactive to January 1, 2002.

 

3.                  The pay out of the City’s 20% share of the 1% pay equity adjustment for 2002 to not for profit community child care agencies, Family Resource Services and Programs for Children with Special Needs.

 

                                                                                                            CARRIED

 

 

 

5.         Action Plan of the SITE Program Review

 

 

Committee Recommendation

 

That Council approve the Public Health and Long-Term Care Branch carry out the Action Plan as outlined in Annex A.

 

                                                                                                            CARRIED

 

 

Planning and Development Committee Report 29

 

    

1.     Zoning - 34 King Street

 

 

Committee Recommendations

 

1.         That Council approve an amendment to the former Township of Goulbourn Zoning By-law 40/99 to rezone a portion of 34 King Street from Environmental Protection Area (EPA) to Residential (R1).

 

2.         That the amendment to Zoning By-law 40/99 not be brought forward to City Council until all the conditions from RVCA have been satisfied and a cut and fill permit issued.

 

                                                                                                            CARRIED

 

 

           

2.     Zoning - 705-713 Montréal Road

 

 

Committee Recommendation

 

That Council approve an amendment to the former City of Ottawa Zoning By-law 1998 to change the zoning of 705-713 Montréal Road, from L3[698] – Community Leisure Zone to an I2 F(1.5) – Major Institutional Zone.

 

                                                                                                            CARRIED

 

    

3.     Zoning – 1053 Hunt Club Road

 

 

Committee Recommendation

 

That Council approve the application to amend the former City of Ottawa Zoning By-law to amend the zoning of 1053 Hunt Club Road from a Residential Detached House Zone (R1E) to a Residential Converted House/Townhouse Zone (R3H).

 

                                                                                                            CARRIED

 

 

    

4.     Private Roadway Dedication – 1119 Walkley Road

 

 

Committee Recommendations

 

1.                  That Council approve the amendment to By-law 115-80, respecting private roadways, by adding the following street names to Schedule “A” of the by-law when all conditions have been met:

 

GLENHAVEN PRIVATE (Road “A”)

WESTVALLEY PRIVATE (Road “B”)

SOUTHCREST PRIVATE (Road “C”)

 

2.                  That an agreement be executed between the City and the property owner as required by and containing all of the standard conditions of By-law Number 115-80.

 

                                                                                                            CARRIED

 

 

    

5.     Roadway Dedication – 3170 Conroy Road

 

 

Committee Recommendations

 

1.                  That Council enact a by-law to officially dedicate the following street names, when all conditions have been met:

 

CRAIGHILL CIRCLE (Block 11, RP 4M-997)

BELLINGHAM PLACE (Block 12, RP 4M-997)

RIALTO WAY (Blocks 11 and 12, RP 4M-997)

 

BINBURY WAY (Block 13, RP 4M-997)

PENNARD WAY (Block 13, RP 4M-997)

INVERKIP AVE (Block 13, RP 4M-997)

2.         That an agreement be executed between the City and the property owner containing the standard conditions for the installation and maintenance of required street name signs.

 

                                                                                                            CARRIED

 

 

    

6.     Committee Of Adjustment – Staffing Resources

 

 

Committee Recommendations

 

That Council approve the following:

 

1.   (a)  That the staffing resources for the Committee of Adjustment be increased from the present level of 8 FTE’s to 10 FTE’s, with additional provision for contract resources during peak periods.

 

(b)  That the Application Fees for Consent and MinorVariance/Permission be increased to fund the additional positions and maintain full cost recovery.

 

2.         That the Tariff of Fees for the Committee of Adjustment be amended to include an associated fee for City Legal  Services for the preparation of  Agreements.

 

                                                                                                            CARRIED

 

 

Transportation and Transit Committee Report 23

 

 

1.         OC Transpo Transplan 2002

 

 

Committee Recommendation As Amended

 

That Council approve the following changes to the OC Transpo route network, to improve transit service by serving the new park and ride lot at Trim Road, improving connections from the O‑Train, introducing service into new residential and employment areas, and reducing customers’ travel time, walking distance to the nearest bus stop, or the number of transfers they need to make:

 

Area

Routes

Service Change

Kanata

Route 161

Route 161

 

Route 162

Re-route

New direct north-south trips

Re-route

South Nepean

Routes 73 and 77

Route 181

Re-route in afternoon

New all-day service

Central Ottawa

Tunney’s Pasture, O’Train

and Gatineau

New route

Ottawa South

Hawthorne Industrial Park

New route

Ottawa East

Coventry Road

Route 194

New route

Re-route

Orléans

Trim Road park and ride

 

Route 136

New route to downtown

Re-route

 

 

That Council approve that afternoon peak service for Routes 73 and 77 not be moved to Oriska Way.

 

                                                                                                            CARRIED

 

 

 

2.         Harmonized Sidewalk Technical Design Guidelines

 

 

Committee Recommendation as amended

 

That Council approve the harmonized Sidewalk Technical Design Guidelines (STDG) attached to this report as Document 1, as amended by the following :

 

1.         That the “Sidewalk Technical Design Guidelines” document be amended by adding consideration of heritage district guidelines as an additional factor to be considered when determining the location and/or need of sidewalks.

 

2.         That the Sidewalk Technical Design Guidelines be adopted as an interim measure for existing city sidewalk/city construction.

 

3.         That public consultation be undertaken as part of the process for finalizing guidelines city-wide for both new and existing communities.

 

4.         That the following Motion be referred to the Mobility Issues Advisory Committee and to the Accessibility Advisory Committee:

 

As part of the development of sidewalk design guidelines, a re-evaluation be made of depressed curbs at corners for universal access.  The concern here is that they are dangerous as they provide no protection to pedestrians who are standing on the corner.

 

                                                                                                            CARRIED

 

 

 

3.         Rideau Carleton Raceway Slots Banners on Albion Road

 

 

Committee Recommendation as amended

 

            No committee recommendation.

 

 

MOTION

 

Moved by Councillor D. Deans

Seconded by Councillor E. Arnold

 

WHEREAS the Rideau Carleton Raceway requested several last minute municipal approvals prior to opening for business in February, 2000, including an exemption from the provisions of the former Region of Ottawa-Carleton’s Highway Signs By-Law Part 2.12, to erect and display banners along Albion Road on an interim basis;

 

AND WHEREAS a Temporary Encroachment Permit was granted to allow the banners without  any public consultation;

 

AND WHEREAS the banners are currently displayed without permit, as the Temporary Encroachment Permit expired on December 31st, 2001;

 

AND WHEREAS the Temporary Encroachment Permit set several conditions, including the stipulation that the banners were not to display pictures or symbols associated with gambling, tobacco products, or those considered demeaning to women.  Sixteen of the original colourful banners have been replaced to advertise “SLOTS,” which is a clear gambling promotion and violation of the condition set in the Temporary Encroachment Permit;

 

AND WHEREAS there is a lack of evidence to support the claim that the banners are required to serve their initial purpose which was to help generate revenue for the Raceway; as documents forwarded to the Mayor by the Ontario Gaming Corporation recently disclose an increase in projected revenue and need to hire 24 additional full time staff, 18 additional part time staff, and to extend hours of operation by two hours daily;

 

AND WHEREAS other businesses in Ottawa cannot expect to receive this type of long term signage exemption for this number (ninety eight) of signs;

 

AND WHEREAS the General Manager of the Transportation, Utilities & Public Works Department has confirmed that there is no authority to keep the banners up;

 

THEREFORE BE IT RESOLVED that Council support the existing Highway Signs By-law (Part 2.12 of the Regional Regulatory Code) and deny the requested exemption.

 

                                                                                                            CARRIED

 

 

 

4.         Removal of Barriers on Sussex Drive at Mackenzie Avenue

 

 

Committee Recommendation as amended

 

            That Council approve:

 

1.         That the City of Ottawa request that the RCMP and the Embassy of the United States consult with the City of Ottawa for the speedy removal of the barriers on Sussex Drive and Mackenzie Avenue, and report back to committee.

 

            2.         That Clarence Street be restored to its former two-way street status.

 

                                                                                                            CARRIED

 

 

 

   5.      Temporary Encroachment Permit – 143 Putman Avenue

 

 

Committee Recommendation

 

            That Council approve:

 

The General Manager of Transportation, Utilities and Public Works be instructed to issue a temporary encroachment permit to allow an outdoor patio within the Beechwood Avenue and the Putman Avenue road allowances at 143 Putman Avenue, 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 shall be required to close at 10:00 p.m.;

 

2.                  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

 

3.                  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.

 

                                                                                                            CARRIED

 

 

Motion to Introduce By-laws                                                  Three Readings

 

a)                  A by-law of the City of Ottawa to amend Zoning By-law No. 100-2000 of the old Corporation of the City of Nepean – 1 Cresthaven Drive.

 

b)                  A by-law of the City of Ottawa to amend By-law No. 2380, of the former Corporation of the City of Vanier – 267 Perrier Street.

 

c)                  A by-law of the City of Ottawa to designate 77 to 127 Fairlop Way (odd numbers only) and 313 to 347 Berrigan Drive (odd numbers only), as being exempt from Part Lot Control.

 

 

d)                  A by-law of the City of Ottawa to designate 1177-1179 Lichen Avenue (former City of Cumberland), as being exempt from Part Lot Control.

 

e)                  A by-law of the City of Ottawa to designate 951, 952, 964, 966, 973 Cirrus Way and 932, 934, 936, 938, 940, 942 and 944 Giant Cedars Crescent, as being exempt from Part Lot Control.

 

f)                    A By‑law of the City of Ottawa to amend By-law No. 40/99 of the old Corporation of the Township of Goulbourn – 6143 Perth Street.

 

g)                  A by-law of the City of Ottawa to designate 102, 104, 106, 108, 110, 112, 114, and 116 Coursier Crescent and 126 and 128 Marshfield Street (former City of Cumberland), as being exempt from Part Lot Control.

 

h)                  A by-law of the City of Ottawa to designate 23, 25, 27, 29 and 31 Brechin Crescent (former City of Kanata), as being exempt from Part Lot Control.

 

i)                    A by-law of the City of Ottawa repealing by-law No. 3/95 of the old Corporation of the Township of Rideau.

 

j)                    A by-law of the City of Ottawa amending by-law No. 34-00 of the old Corporation of the City of Vanier.

 

k)                  A by-law of the City of Ottawa amending By-law No. 2001-17 appointing certain Inspectors, Property Standards Officers and Municipal Law Enforcement Officers in the Building Services Branch of the Department of Development Services.

 

l)                    A by-law of the City of Ottawa amending By-law No. 2001-468 appointing Municipal Law Enforcement Officers in accordance with the private property parking enforcement program.

 

m)                A by-law of the City of Ottawa amending By-law No. 84-98 of the old Corporation of the City of Ottawa respecting certain Municipal Law Enforcement Officers.

 

n)                  A by-law of the City of Ottawa amending By-law No. 83-98 of the old Corporation of the City of Ottawa respecting certain Municipal Law Enforcement Officers.

 

o)                  A by-law of the City of Ottawa amending By-law No. 287-2000 of the old Corporation of the City of Ottawa respecting fire routes – FR 288 – 2265 St. Laurent Boulevard.

 

p)                  A by-law of the City of Ottawa to dedicate and lay out certain lands as common and public highways in the City of Ottawa (Portobello Boulevard).

 

q)                  A by‑law of the City of Ottawa to amend By-law No. 40/99 of the old Corporation of the Township of Goulbourn – 34 King Street.

 

                                                                                                            CARRIED

 

 

Motions (Of Which Notice Has Been Given Previously)

 

Moved by Councillor A. Munter

Seconded by Councillor J. Stavinga

 

WHEREAS the former Township of Goulbourn had By-law No. 35-91 to regulate public parks and facilities, (#10. (i) No person shall be present in any park between the hours of 11 o'clock in the afternoon (p.m.) and 6 o'clock in the forenoon (a.m.), except as a participant or spectator of any function approved by the Director and upon the completion of such activity, shall promptly leave the park property.);

 

AND WHEREAS the former City of Nepean had By-law No. 85-91 to regulate parks and facilities, (#11 - Hours of Operation - no person shall remain or enter into any park between the hours of 11:00 o'clock in the afternoon (p.m.) and 6:00 o'clock in the forenoon (a.m.), except as a participant or spectator of any function approved by the Commissioner);

 

AND WHEREAS the Kanata Police Services Working Group has requested a park closure by-law to address problems identified in the community, as a result of Ottawa Police recommendations that such a measure will enable police officers to deal with problems in Kanata parks overnight;

 

AND WHEREAS such a by-law needs to be one part of a larger strategy to address community safety concerns, which will include the Ottawa Police working with youth to identify solutions to such safety issues;

 

AND WHEREAS as a result of the Public Meeting of April 24, 2002 the hours of the proposed By-law be changed to between the hours of 11:00 PM and 5:00 AM,  the Code of Conduct not be adopted at this time, and Kanata's pathway system be excluded from this regulation;

 

BE IT THEREFORE RESOLVED THAT the City of Ottawa adopt a Park Closure By-law for Ward 4 Kanata, (amendment to By-law No.44-81, Corporation of the City of Kanata), consistent with that of Nepean, By-Law No. 85-91, section 11 Hours of Operation, points a) to c): (see below), effective upon third reading of the by-law amendment.

 

By-Law - Hours of Operation - no person shall

 

a)         remain or enter into any park between the hours of 11:00 o'clock in the afternoon (p.m.) and 5:00 o'clock in the forenoon (a.m.), except as a participant or spectator of any function approved by the General Manager (or designate) and that this regulation does not apply to city pathways;

b)         remain in a park upon completion of an activity as a participant or spectator of any function between the hours of 11:00 o'clock in the afternoon (p.m.) and 5:00 o'clock in the forenoon (a.m.);

c)         enter any place where a sign prohibiting admittance or trespassing is displayed or where admission is otherwise prohibited or restricted;

           

AND FURTHER  BE IT RESOLVED that this By-law be the subject of a review at its one-year anniversary to determine whether it has effectively achieved its goals, such review to include a public meeting organized by the ward councillor.

 

                                                                                                            CARRIED

 

 

Motions (Requiring Suspension of the Rules of Procedure)

 

MOTION

 

Moved by Councillor C. Doucet

Seconded by Councillor D. Thompson

 

THAT the Rules of Procedure be waived to consider and approve the following motion:

 

WHEREAS the Ottawa Senators played intelligent, fast, courageous hockey all year and gave us good reason to be proud of their accomplishments;

 

BE IT RESOLVED the Mayor and the City Council would like to express their appreciation to Coach Jacques Martin, Captain Daniel Alfredson and the entire team for their success.

 

BE IT FURTHER RESOLVED that the Mayor and City Council wish them the same talented effort, but better luck next year.

 

                                                                                                            CARRIED

 

 

MOTION

 

Moved by Councillor C. Doucet

Seconded by Councillor P. McNeely

 

That the Rules of Procedure be waived to consider and approve the following motion:

 

WHEREAS The Madonna della Risurrezione Parish is hosting its 18th annual Community Festival on Friday, May 31, and Saturday, June 1, 2002, between the hours of 6:00 p.m. and 1:00p.m., and on Sunday, June 2, 2002, from 6:00 p.m. to 11:00 p.m.

      

AND WHEREAS the Festival will be meaningful to the community and will contribute to the cultural mosaic of the City of Ottawa;

 

AND WHEREAS exemption from subsection 23(1) and 24(3) of the old Corporation of the City of Ottawa Noise By-law Number 3-97 is required to allow the use of sound reproduction devices which may surpass the allowed 55 decibel level, but will not exceed 65 decibels, in effect until 11:00 p.m. or disturb the peace and comfort of a resident after 11 p.m.;

 

THEREFORE BE IT RESOLVED that the provisions of subsection 23(1) and 24(3) of City of Ottawa Noise By-law Number 3-97 shall not apply so as to preclude the use of sound reproduction devices during the Community Festival, hosted by The Madonna della Risurrezione Parish, which may exceed 55 dBA, but will not exceed 65 dBA, when measured at the property line of a business person or person whose peace and comfort is disturbed before 11 p.m. or disturbs the peace and comfort of a resident whose peace and comfort is disturbed after 11:00 p.m.  between 6:00 p.m. and 1:00 p.m., on May 31, and June 1, 2002, and on June 2, 2002, between the hours of 6:00 p.m. and 11:00 p.m.

 

                                                                                                            CARRIED

 

 

MOTION

 

Moved by Councillor C. Doucet

Seconded by Councillor P. McNeely

 

That the Rules of Procedure be waived to consider and approve the following motion:

 

WHEREAS the Alexander Community Center is hosting a Community Day on June 8th, 2002, and the event will be located at 960 Silver Street between the hours of 10:00 a.m. and 6:00 p.m.

 

AND WHEREAS exemption from subsection 24(3) of the old Corporation of the City of Ottawa Noise By-law Number 3-97 is required to allow the use of sound reproduction devices which may surpass the allowed 55 decibel level, in effect until 11:00 p.m.

 

THEREFORE BE IT RESOLVED that the provisions of subsection 24(3) of City of Ottawa Noise By-law Number 3-97 shall not apply so as to preclude the Alexander Community Center, located at 960 Silver Street, from using sound reproduction devices which may exceed 55 dBA when measured at the property line of a business person or person whose peace and comfort is disturbed before 11 p.m., on June 8th, 2002.

 

                                                                                                            CARRIED

 

 

MOTION

 

Moved by Councillor D. Deans

Seconded by Councillor E. Arnold

 

THAT the Rules of Procedure be waived to consider and approve the following motion:

 

WHEREAS the Gloucester Agricultural Society is hosting the 28th annual Gloucester Fair, at the Rideau Carleton Raceway, 4837 Albion Road. The Fair will be held between 4:00 p.m. and 12:00 a.m. on June 5-7, 2002, between 11:00 a.m. and 12:00 a.m. on June 8th, 2002, and between the hours of 11:00 a.m. and 6 p.m., June 9th, 2002.

 

AND WHEREAS this is a yearly event for the Gloucester Agricultural Society and one which is meaningful to the community, and serves to attract tourists to the City of Ottawa;

 

AND WHEREAS exemption from subsection 7(2) and section 6 of the old Corporation of the City of Gloucester Noise By-law Number 95-1989 is required to allow the use of any radio, television set, record or tape player, loudspeaker, amplifier or other sound producing mechanism or any combination thereof, in such a fashion as to location and intensity which may disturb inhabitants of the City of Gloucester;

 

THEREFORE BE IT RESOLVED that the provisions of subsection 7(2) and section 6 of City of Gloucester Noise By-law Number 95-1989 shall not apply so as to preclude the use of sound reproduction devices during the Gloucester Fair, which may disturb inhabitants of the City of Gloucester, on June 5-7, 2002, between the hours of 4:00 p.m. and 12:00 a.m., on June 8th, 2002, between the hours of 11:00 a.m. and 12:00 a.m., and on June 9th, 2002, between 11:00 a.m. and 6:00 p.m. 

 

                                                                                                            CARRIED

 

 

Notices of Motion (For Consideration at Subsequent Meeting)

 

Moved by Councillor C. Doucet

Seconded by Councillor P. McNeely

 

WHEREAS Nortel Networks will be hosting The National Capital Dragon Boat Race Festival at Mooney’s Bay on Saturday, June 22nd, 2002, from 7:00 a.m to 9:00 p.m., and Sunday June 23rd, 2002, from 7:00 a.m. and 9:00 p.m.;     

 

AND WHEREAS this festival contributes significantly to the cultural mosaic of the City of Ottawa and tends to attract tourists and participants to this region;

 

AND WHEREAS this is the 5th National Capital Dragon Boat Festival for charitable purposes and the festival will be raising funds to support the Ottawa Police Youth Centre, Alzheimer Society of Ottawa-Carleton and Special Needs Equipment Exchange Services;       

 

AND WHEREAS sound reproduction devices which may exceed 55 dBA, but which will not exceed 65 dBA, when measured at the property line of a business operator or person who has been disturbed, will be used for the festival during the specified times;

 

AND WHEREAS exemption from subsection 24(3) of the old Corporation of the City of Ottawa Noise By-law Number 3-97 is required to allow the use of sound reproduction devices which may surpass the allowed 55 decibel level but will not exceed 65 decibels, in effect until 11:00 p.m.;

 

THEREFORE BE IT RESOLVED that the provisions of subsection 24(3) of City of Ottawa Noise By-law Number 3-97 shall not apply so as to preclude the use of sound reproduction devices during the National Capital Dragon Boat Festival, hosted by Nortel Network, which may exceed 55 dBA, but will not exceed 65 dBA, when measured at the property line of a business person or person whose peace and comfort is disturbed between 7:00 a.m. and 9:00 p.m. on June 22nd, 2002, and between the hours of 7:00 a.m. and 9:00 p.m. on June 23rd,  2002.

 

 

Moved by Councillor C. Doucet

Seconded by Councillor E. Arnold

 

WHEREAS the Cities of Ontario have been obliged by the provincial legislature to operate their municipal energy utilities on a for profit basis, but have been allowed to retain ownership of these enormous public assets paid for by the residents of their cities;

 

BE IT RESOLVED that the Province of Ontario follow the same model and operate provincial hydro utilities on the same business basis as municipalities and retain Hydro One in public ownership.

 

 

Moved by Councillor C. Doucet

Seconded by Councillor J. Legendre

 

WHEREAS the Meeting of the G-8 Finance Ministers will be conducted behind closed doors, protected by security forces and there is no means for the public to know what is being discussed or to contribute to these meetings through submissions of their own views at the time of the discussions and decisions.

 

WHEREAS these private discussions may impact democratically elected national, provincial and city governments;

 

WHEREAS Ottawa City Council is committed to strengthening the transparency of the democratic process;

 

BE IT RESOLVED that the City will provide Public Input Desks staffed by City Councillors and appropriate staff on Festival Plaza for citizens to register their input and views on the discussion underway between G-8 Finance Ministers;

 

BE IT RESOLVED this written public input will be published in a report by the City, on the City’s Website and forwarded to Canada’s representative on the G-8, the Honourable Paul Martin, Minister of Finance for distribution to his peers; and

 

BE IT RESOLVED all oral contributions will be accepted for transmission to the Minister and the Media in an oral format provided that the contributor and /or organization is identified.