Ottawa City Council

26 June 2002

Andrew S. Haydon Hall

9:30 a.m.

 

Draft Minutes 36

 

 

The Council of the City of Ottawa met at Andrew S. Haydon Hall, 110 Laurier Avenue West, Ottawa, on 26 June at 9:30 a.m.

 

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

 

The National Anthem was preformed by harpist Isobel Hiley.

 

 

Roll Call

 

ALL MEMBERS WERE PRESENT EXCEPT COUNCILLOR S. LITTLE.

 

 

Declarations of Interest Arising from Prior Meetings of Council and Committees

 

See specific agenda item for declaration (Emergency and Protective Services Committee Report 22, Item 3).

 

 

Confirmation of Minutes

 

The Minutes of the regular Council meeting of 12 June 2002 were confirmed.

 

 


MOTION NO. 36/1

 

Moved by Councillor P. McNeely

Seconded by Councillor J. Legendre

 

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

 

THAT City Council nominate Councillors A. Cullen and E. Arnold for appointment to the Board of the amalgamated City of Ottawa Non-Profit Housing Corporation/Ottawa Housing Corporation.

 

                                                                                                            CARRIED

 

 

Recess to Hold Shareholder Meetings

 

MOTION NO. 36/2

 

Moved by Councillor P. McNeely

Seconded by Councillor J. Legendre

 

That Council recess for the purposes of holding the shareholder meetings of the City of Ottawa Non-Profit Housing Corporation (City Living) and Ottawa Housing Corporation and that upon the conclusion of the shareholder meetings, the meeting of Council resume.

 

                                                                                                            CARRIED

 

 

Communications

 

The following communication was received by City Council:

 

1.                  Petition from citizens requesting that the City of Ottawa restrict the cosmetic use of pesticides on both public and privately-owned land by the year 2002 and immediately develop and implement a comprehensive public education programme to demonstrate the viability of sustainable and safe lawn and garden maintenance practices.

 

 

Regrets

 

The following member of Council advised that he would be absent from Council on the date indicated:

 

Councillor S. Little                                                                                                           26 June 2002

Motion to Introduce Committee Reports

 

MOTION NO. 36/3

 

Moved by Councillor P. McNeely

Seconded by Councillor J. Legendre

 

That Corporate Services and Economic Development Committee Reports 31 and 31A (In Camera), Emergency and Protective Services Committee Report 22, Environmental Services Committee Report 17A, Health, Recreation and Social Services Committee Reports 26B and 27, Planning and Development Committee Report 31 and Transportation and Transit Committee Report 25 be received and considered.

 

                                                                                                            CARRIED

 

 

Corporate Services and Economic Development Committee Report 31

 

    

     1.     Revision to the Former Regional Development Charge By-Law
Regarding the Roads and Structures Service Component

 

 

Committee Recommendations as Amended

 

That Council approve the following:

 

1.         That the Development Charge Background Study dated April 29, 2002 supporting an amendment to By-law No. 64 of 1999 of the former Region of Ottawa-Carleton with respect to the Roads and Structures service component be revised by addendum, to reflect the revisions noted in this staff report, and approved;

 

2.         That the required amending by-law to implement said Background Study be adopted with an effective date of August 1, 2002;

 

3.         That staff prepare a report for the Corporate Services and Economic Development Committee that would look at the impacts of using development charges for commercial, other than retail, and for industrial development in order to provide incentives for balanced growth and to look at the impacts on infrastructure costs (roads) of creating jobs in low employment areas of the City;

 

4.         WHEREAS there has been no evidence presented that rural residents use Regional Roads like March Road, Eagleson Road, Hazeldean Road, Innes Road, Fallowfield Road and Frank Kenny Road any less than urban residents use such roads;

 

            WHEREAS the rural road discount will cost the City $18 million;

 

            WHEREAS eliminating the 50% rural residential roads discount would still leave rural development charges well lower than in the urban area (suburban outside the Greenbelt, $9,789 vs. rural $5,326);

 

            BE IT THEREFORE RESOLVED THAT this differential be eliminated and that the same charge - for regional roads only - be levied across the whole city.

 

 

MOTION NO. 36/4

 

Moved by Councillor J. Stavinga

Seconded by Councillor P. McNeely

 

THAT consideration of revisions to the former Regional Development Charge by-law regarding the roads and structure service component, specifically that portion related to rural roads, be referred to the larger review of development charges to be undertaken following Charting A Course and the Official Plan process to ensure an openness and transparency of public deliberation.

 

LOST on a division of 5 YEAS to 14 NAYS as follows:

 

Yeas: (6)         Councillors D. Eastman, W. Stewart, P. McNeely, G. Brooks, J. Stavinga and D. Thompson.

 

Nays: (14)       Councillors A. Cullen, D. Deans, G. Hunter, A. Munter, H. Kreling, E. Arnold, J. Harder, M. Meilleur, M. Bellemare, R. Chiarelli, J. Legendre, P. Hume,

                        R. Bloess and Mayor Chiarelli.

 

 

MOTION NO. 36/5

 

Moved by Councillor A. Munter

Seconded by Councillor J. Legendre

 

WHEREAS the Development Charges Act, subsection 12(3) requires that where changes are made after the public meeting, Council shall determine whether a further public meeting is necessary;

 

AND WHEREAS the formal public meeting took place on 21 May 2002;

 

BE IT THEREFORE RESOLVED THAT it is the determination of Council that no further public meeting is required.

 

CARRIED on a division of 15 YEAS to 5 NAYS as follows:

 

Yeas: (15)       Councillors A. Cullen, D. Deans, G. Hunter, W. Stewart, A. Munter,

                        H. Kreling, E. Arnold, J. Harder, M. Meilleur, M. Bellemare, R. Chiarelli,

                        J. Legendre, P. Hume, R. Bloess and Mayor Chiarelli.

 

Nays: (5)         Councillors D. Eastman, P. McNeely, G. Brooks, J. Stavinga and

                        D. Thompson.

 

The Committee Recommendations as Amended were divided for voting purposes.  Recommendations 1, 2 and 3 were CARRIED.  Recommendation 4 was CARRIED with Councillors D. Eastman, P. McNeely and J. Stavinga dissenting.

 

Item 1 of Corporate Services and Economic Development Committee Report 31 was then put to Council and CARRIED with Councillors D. Eastman, P. McNeely and J. Stavinga dissenting.

 

 

    

     2.     Transition Project Office

 

Committee Recommendations as Amended

 

That Council approve:

 

1.         The retention of TurnKey Management Consultants through a sole sourced contract at an upset limit of $600,000 including all net applicable taxes, to provide the governance and content expertise for the three remaining strategic priority projects of the Transition Program which include: conducting a Point of Service Strategy review, advancing the Centres of Expertise model and targeted strategic re-engineering within the Human Resources Department.

 

2.         That the 2002 Capital Budget be amended to reduce the Transition Project Office budget by $250,000, and that the draft estimates for 2003 reflect a reduction of $630,000 from the forecast presented in 2002 for this activity.

 

                                                                                                            CARRIED

 

The Committee Recommendations as Amended were divided for voting purposes.

 

Recommendation 1 was CARRIED on a vote of 14 YEAS to 5 NAYS as follows:

Yeas: (14)       Councillors D. Eastman, A. Cullen, D. Deans, P. McNeely, C. Doucet,

                        A. Munter, H. Kreling, G. Brooks, E. Arnold, J. Stavinga, R. Chiarelli,

                        J. Legendre, P. Hume and Mayor Chiarelli.

 

Nays: (5)         Councillors W. Stewart, M. Meilleur, M. Bellemare, D. Thompson and

                        R. Bloess.

 

Recommendation 2 was CARRIED.

 

 

 

3.         Public-Private Partnerships

 

 

Committee Recommendations

 

That Council:

 

1.         Endorse the concept of more fully utilizing Public-Private Partnerships (P3) as a tool which the City can use where appropriate to identify, analyze and implement innovative opportunities for capital project development;

 

2.         Endorse the formation of a Special Delivery Unit within the City Manager’s Office to co-ordinate the City’s P3 efforts which will complement current centres of expertise and will work with external resources to investigate possible P3 initiatives; and

 

3.         Endorse the framework for dealing with unsolicited P3 proposals the City receives as outlined in this report.

 

 

MOTION NO. 36/6

 

Moved by Councillor R. Bloess

Seconded by Councillor J. Harder

 

WHEREAS there are a number of unsolicited proposals currently underway;

 

BE IT RESOLVED that staff advise proponents of unsolicited proposals of the criteria being used to evaluate such proposals so that they may be reviewed by staff in a timely manner, to prevent lost opportunities.

 

                                                                                                            CARRIED

 

Item 3 of Corporate Services and Economic Development Committee Report 31 was then put to Council and CARRIED with Councillor J. Legendre dissenting on the ‘Swiss Challenge’.

 

 

    

     4.     Disposition of Sinking Fund Surplus

 

 

Committee Recommendation

 

That Council approve the distribution of the sum of $3,020,336.90 from the City of Ottawa Sinking Fund representing surpluses in excess of certain debenture commitments, to the City of Ottawa Non-Profit Housing Corporation and to the City in amounts provided herein.

 

                                                                                                            CARRIED

 

 

    

     5.     Interim Lease Requirements

 

 

Committee Recommendations

 

That Council, as part of the on-going space issues resulting from the sale of 111 Sussex:
 
1.         Approve the sublease with Adobe Systems Canada Incorporated for 45,380 square feet of rentable office space at 560 Rochester Street commencing 1 October 2002, at an annualized cost of $1,209,831 plus GST, and one-time capital costs of $250,000 plus GST, because currently occupied space at 1495 Heron Road must be replaced by 30 September 2002;

 

2.         Approve the one-time capital costs of $340,000 plus GST to relocate staff from 880 Wellington Street when that lease is up as a means of utilizing current vacant leased space at 1590 Scott Street (Holland Cross).

 

                                                                                                            CARRIED

 


           

     6.     Sale of Land -
Streets and Lanes - Royal Ottawa Hospital

 

Committee Recommendations as Amended

 

That Council:

 

1.         Declare the streets and lanes within the Royal Ottawa Hospital complex containing an area of approximately 8,150.4 m2 and shown on Annex “A”, surplus to the City's needs;

 

2.         Approve the sale of the streets and lanes estimated to have a market value of $657,997.00, referred to in Recommendation 1, to Royal Ottawa Health Care Group, for the amount of $1.00 plus an administration fee of $1,500.00, subject to any easements that may be required and if the lands cease to be used primarily for non-profit hospital or health care purposes, the hospital shall pay the City the fair market value of the capital appreciation of the lands or any portion thereof at the time the lands cease to be used for non-profit hospital or health care purposes.

 

                                                                                                            CARRIED

 

 

    

     7.     Sale of Land -
Road Allowance Between Lots 15 and 16, Concession 9,
Geographic Township of Fitzroy


 

Committee Recommendations

 

That Council:

 

1.         Declare a vacant parcel of land approximately 1.0 hectares in area, described as being part of the road allowance between Lots 15 and 16, Concession 9, geographic Township of Fitzroy, City of Ottawa, shown as Part 3 on Plan 5R-11595, subject to the road being stopped up and closed by by-law, as surplus to the City’s needs;

 


2.         Approve the sale of the land described in Recommendation 1, subject to all easements that may be required, to Mark Janoska, for the sum of $5,500.00, plus GST, pursuant to an Agreement of Purchase and Sale that has been received.

 

                                                                                                            CARRIED

 

 

           

     8.     Sale of Land -
Goth Avenue - Habitat for Humanity

 

Committee Recommendations as Amended

 

That Council:

 

1.         Declare a vacant parcel of land approximately 883.1 m2 in area, subject to a legal survey, described as Part of Lot 8, Concession 4, R.R., shown hatched on the attached sketch, as surplus to the City’s needs;

 

2.         Approve the sale of the land described in Recommendation 1, subject to any easements that may be required, to Habitat for Humanity National Capital Region, for the sum of $1, plus GST, pursuant to an Agreement of Purchase and Sale that has been received;

 

3.         Approve that the City waive the building permit fees applicable to this project and that the City give a grant to Habitat for Humanity, equal to any development charges that are levied against this project.

 

           

MOTION NO. 36/7

 

Moved by Councillor A. Cullen

Seconded by Councillor J. Legendre

 

THAT recommendation 2 be amended to reflect the staff recommended sale price of $120,000.

 

LOST on a division of 2 YEAS to 16 NAYS as follows:

 

Yeas: (2)         Councillors A. Cullen and J. Legendre.

 


Nays: (16)       Councillors D. Eastman, D. Deans, P. McNeely, C. Doucet, A. Munter,

                        G. Brooks, E. Arnold, J. Harder, M. Meilleur, M. Bellemare, J. Stavinga,

                        R. Chiarelli, D. Thompson, P. Hume, R. Bloess and Mayor Chiarelli.

 

Item 8 of Corporate Services and Economic Development Committee Report 31 was then put to Council and CARRIED with Councillor A. Cullen dissenting.

 

 

    

     9.     Resolution regarding the Dismissmal of
The Ottawa Citizen Publisher, Mr. Russell Mills

 

 

Committee Recommendation

 

THAT Ottawa City Council join the community in deploring the dismissal of Ottawa Citizen publisher Russell Mills, a valued community leader in our City, and call for his reinstatement.

 

                                                                                                            CARRIED

 

 

    

     10.   Ward Boundaries Review - Final Report

 

 

                   Committee Recommendations as Amended

 

1.         That Council receive and consider the Final Report of the Citizens’ Task Force on Ward Boundaries.

 

The Following Motions were Tabled at the Corporate Services and Economic Development Committee Meeting of 18 June 2002 for Council Consideration on 26 June 2002:                                                                            

 

 

2.         THAT, in the Carson’s Woods area, the Ward 11 / 13 Boundary, between the Aviation Parkway and Blair Road be the centre of Ogilvie Road.

 

3.         WHEREAS the neighbourhoods of Carleton Heights in the old Cities of Nepean and Ottawa have a shared “community of interest” and history in planning and cultural issues;

 

AND WHEREAS the proposed changes keep the “rep by pop” numbers within parameters of the City and Task Force;

AND WHEREAS this change will reunite the Community of Riverside Park;

 

BE IT RESOLVED THAT the revised ward structure as presented in the Task Force report be amended:

 

a.         to add the Community of Carleton Heights, south of Baseline Road and west of the Rideau River to Ward 9; and

 

b.         To add the Community of Riverside Park North - west of the rail right of way / Airport Parkway, and north of Walkley Road, back to Ward 16.

 

4.         THAT in the case of the following wards, where quite substantive changes make the current names anachronistic, the following interim names be attached to the wards for the purpose of clarity to the community during the election period:

 

Ward 4 - Kanata Centre

Ward 5 - To be determined

Ward 6 - Goulbourn-Rideau; and

Ward 21 - Bell-Bridlewood

 

AND FURTHER THAT the new Councillors and new Council choose the permanent names for the wards, following December 1, 2003.

 

5.         THAT Council approve the minor technical adjustments to Ward 4, as recommended by the Kanata Council of Community Associations:

 

a.         Adjust the northwestern boundary to follow the proposed Terry Fox alignment as that alignment had already been determined by Regional Council;

 

b.         Adjust the southern boundary to include the proposed Terry Fox alignment from Fernbank Road to Hope Side Road.

 

6.         (That Council:) Approve the revised ward structure as presented in the Task Force Report and its adoption through by-law of Council; and,

            (Report recommendation)

 

7.         (That Council:) Approve that the naming of the revised wards be deferred to the new Council elected in November 2003.

            (Report recommendation)

 


MOTION NO. 36/8

 

Moved by Councillor G. Brooks

Seconded by Councillor G. Hunter

 

WHEREAS Council passed a motion on June 13th, 2001 directing staff to prepare a report with respect to a review of the City’s ward boundaries;

 

AND WHEREAS that initial motion expressly identified “representation-by-population and public consultation [as] two longstanding principles fundamental to democracy in Canadian municipalities”;

 

AND WHEREAS Council has also enunciated the principle that “geography plays a major role in serving the public of the City” and concluded that population within the Wards vary 25,000 to 50,000 people;

 

AND WHEREAS Council endorsed a Committee recommendation at its meeting on July 11th, 2001, thereby initiating a review process of the City’s existing ward boundaries;

 

AND WHEREAS Council approved the ward boundary review process to be undertaken by the Citizens’ Task Force on December 10th, 2001, as well as the Task Force Terms of Reference which included, “a comprehensive approach to public consultation…in order to maximize opportunity for public input”;

 

AND WHEREAS the Citizens’ Task Force issued its forty-one page report on June 10th, 2002, which recommended significant revisions to various ward boundaries;

 

AND WHEREAS the residents of the City of Ottawa only had the single Standing Committee meeting on June 18th, 2002 to express their opinions on the recommendations found in this report;

 

AND WHEREAS the holding of a single public meeting may meet the minimum statutory requirements of the Municipal Act, it does not meet the spirit of Council’s previously expressed support of comprehensive public consultation approach on this very issue;

 

THEREFORE BE IT RESOLVED THAT, once all of the amending motions to the “Report of the Citizens’ Task Force on Ward Boundaries” have been considered, that Council table the report as well as the final draft by-law, until its meeting on July 24th, 2002, in order to


allow a reasonable period of time for Members of Council to receive public input on this important matter and that staff be tasked with preparing the anticipated versions of the by-law that are in most dispute.

 

LOST on a division of 7 YEAS to 14 NAYS as follows:

 

Yeas: (7)         Councillors D. Eastman, G. Hunter, G. Brooks, J. Harder, J. Stavinga,

                        D. Thompson and J. Legendre.

 

Nays: (14)       Councillors A. Cullen, D. Deans, W. Stewart, P. McNeely, C. Doucet,

                        A. Munter, H. Kreling, E. Arnold, M. Meilleur, M. Bellemare, R. Chiarelli,

                        P. Hume, R. Bloess and Mayor Chiarelli.

 

 

MOTION NO. 36/9

 

Moved by Councillor W. Stewart

Seconded by Councillor E. Arnold

 

Replacement Motion for Recommendation 3:

 

WHEREAS the neighbourhood of Riverside Park has existed since 1962 and has a strong sense of community and shared social, recreational and educational services for more than 40 years, as well as a governance unit;

 

AND WHEREAS preserving neighbourhoods and communities of interest is a priority for the Task Force and the new City;

 

AND WHEREAS residents in Riverside Park have made strong representation to remain united in one Ward;

 

AND WHEREAS this amendment will keep the “representation by population” numbers within the parameters of the City and Task Force;

BE IT RESOLVED that the revised ward structure as presented in the Task Force report be amended to add Riverside Park back into River Ward.

 

                                                                                                            CARRIED

 


MOTION NO. 36/10

 

Moved by Councillor P. McNeely

Seconded by Councillor R. Bloess

 

WHEREAS Councillors have received numerous e-mails, and letters from residents of Carlsbad Springs stating a close affinity with Cumberland Ward and their desire to be part of Ward 19;

 

AND WHEREAS a 71 name petition has been tabled with the City Clerk supporting the proposition that all of Carlsbad Springs, north and south of Highway 417 be included in Ward 19;

 

THEREFORE BE IT RESOLVED THAT the Council approve the inclusion of all of Carlsbad Springs, including the section south of Highway 417, east of Anderson Road and bordered on the south by the 9th Line, be included in Ward 19 for the 2003 Municipal Election.

 

CARRIED on a division of 12 YEAS to 8 NAYS as follows:

 

Yeas: (12)       Councillors D. Deans, G. Hunter, P. McNeely, H. Kreling, J. Harder,

                        M. Meilleur, M. Bellemare, R. Chiarelli, D. Thompson, P. Hume, R. Bloess and Mayor Chiarelli.

 

Nays: (8)         Councillors D. Eastman, A. Cullen, W. Stewart, A. Munter, G. Brooks,

                        E. Arnold, J. Stavinga and J. Legendre.

 

 

MOTION NO. 36/11

 

Moved by Councillor D. Deans

Seconded by Councillor R. Chiarelli

 

WHEREAS the City of Ottawa convened a Citizen’s Task Force on Ward Boundaries;

 

WHEREAS the Task Force has presented their proposed amendments to the existing ward boundaries to the Corporate Services and Economic Development Committee of the City of Ottawa on June 18th 2002;

 

WHEREAS the Task Force recommendations do not recommend changing the names of the wards at this time;

 

WHEREAS some of the proposed changes significantly alter the geographic size and location of some wards and make their existing names redundant and/or misleading;

 

THEREFORE BE IT RESOLVED that Council direct Councillors to conduct consultations in their wards with their constituents, receive suggestions on and discuss potential names for their ward and that councillors come back to the November 27th Council meeting with a recommended name for their individual wards and further, that new ward 21 be named Bell-Bridlewood Ward.

 

                                                                                                            CARRIED

 

Committee Recommendation 2 was LOST on a vote of 2 YEAS to 18 NAYS as follows:

 

Yeas: (2)         Councillors A. Cullen and J. Legendre.

 

Nays: (18)       Councillors D. Eastman, D. Deans, G. Hunter, W. Stewart, P. McNeely,

A.     Munter, H. Kreling, G. Brooks, E. Arnold, J. Harder, M. Meilleur,

M. Bellemare, J. Stavinga, R. Chiarelli, D. Thompson, P. Hume, R. Bloess and Mayor Chiarelli.

 

Item 10 of Corporate Services and Economic Development Committee Report 31 was then put to Council and CARRIED (as amended by Motions 36/9, 36/10 and 36/11), on a vote of 16 YEAS to 4 NAYS as follows:

 

Yeas: (16)       Councillors A. Cullen, D. Deans, G. Hunter, W. Stewart, P. McNeely,

                        A. Munter, H. Kreling, E. Arnold, J. Harder, M. Meilleur, M. Bellemare,

                        R. Chiarelli, J. Legendre, P. Hume, R. Bloess and Mayor Chiarelli.

 

Nays: (4)         Councillors D. Eastman, G. Brooks, J. Stavinga and D. Thompson.

 

 

Corporate Services and Economic Development Committee Report 31A

 

    

     1.     Funding Memorandum of Settlement - Ottawa Public Library and Cupe 503, Library Group

 

 

Committee Recommendation

 

That Council approve the transfer of necessary funds to the Ottawa Public Library Board to cover the implementation cost of collective bargaining as a result of the ratification of the Memorandum of Settlement signed by the Ottawa Public Library Board and CUPE 503, Library Group.

 

                                                                                                            CARRIED

 

    

     2.     Collective Bargaining - The Canadian Union of Public Employees,
Local 503, Part-Time Recreation and Culture

 

 

Committee Recommendation

 

That Council approve the terms of the collective agreement for CUPE Local 503, Part-Time Recreation and Culture for 2001 - 2003.

 

                                                                                                            CARRIED

 

 

    

     3.     Management and Professional Exempt Job Evaluation Program

 

 

Committee Recommendations

 

That Council approve:

 

1.         The implementation of the Job Evaluation Program for the Management and Professional Exempt group as outlined in this report; and

 

2.         The implementation of the pay structure for the Management and Professional Exempt group as outlined in this report.

 

                                                                                                            CARRIED

 

 

Emergency and Protective Services Committee Report 22

 

    

     1.     Support for M.P. David Pratt’s Private Member’s Bill C-419,
            An Act to Amend the Criminal Code (Fire fighters)

 

Committee Recommendation

 

WHEREAS fire fighting is a dangerous occupation and firefighters are expected to respond to any and all emergencies;

 

AND WHEREAS firefighters acknowledge the risks associated with their occupation, and are often subject to the needless actions of some criminal behaviour, such as arson;

 

AND WHEREAS such criminal acts may cause the deaths of the firefighters when responding to emergencies;

 

That Ottawa City Council provide unqualified support to David Pratt, MP’s Private Members Bill C-419, An Act to Amend the Criminal Code (firefighters) and;

 

That the City of Ottawa forward this motion to the Federation of Canadian Municipalities to gain broad-based national support among member municipalities.

 

                                                                                                            CARRIED

 

 


 

2.     By-law Harmonization-Discharge of Firearms

 

 

Committee Recommendations as Amended

 

That Council approve the Discharge of Firearms By-law, attached as Document 1 with an effective date of January 1, 2003, as amended by the following:

 

1.                  WHEREAS a proposed, harmonized Discharge of Firearms By-law is being considered by the Emergency and Protective Services Committee and Council;

 

AND WHEREAS the Municipal Act permits Council to, for the purpose of public safety, pass by-laws to prohibit the discharge of firearms in defined areas of the City;

 

AND WHEREAS part of the Trans-Canada Trail (TCT) is located in the former Township of Goulbourn;


AND WHEREAS in the proposed by-law, the only provision applicable to that part of the TCT in the former Township of Goulbourn requires that firearms not be discharged on, over or across it;


AND WHEREAS the TCT is used year-round by members of the public engaged in any of the five approved uses of the Trail, specifically, cycling, equestrian riding, skiing, snowmobiling and walking;

 

AND WHEREAS the TCT, which is city-owned, has recently undergone significant upgrades and is being further promoted for public use;

THEREFORE BE IT RESOLVED that the Emergency and Protective Services Committee recommend to Council that the discharge of firearms be prohibited within 450 meters of either side of the Trans Canada Trail located in the former Township of Goulbourn and that the proposed by-law be amended accordingly.

 

2.                  That the shaded area defining discharge of firearms not permitted surrounding the Village of Stittsville be further squared off by extending northwards to Hwy 417 as well as southwards to Shea and Fallowfield Roads.

 

3.                  That, in addition to the existence of a registered Plan of Subdivision, staff require that an application for a building permit within that subdivision serve as an activation mechanism for the application of the discharge of firearms by-law.

4.                  That staff recognize that the use of blanks when used for animal training purposes would constitute a legitimate, permissible exemption.

 

5.                  WHEREAS the City of Ottawa is proposing to harmonize the Discharge of Firearms By-law(s);

 

BE IT RESOLVED that an exemption permit be granted to a property owner to protect his/her property from harm from wildlife, subject to staff exercising discretion based on criteria taking into account public safety, urgency of the situation, geographical considerations and any other pertinent factors.

 

6.                  That the by-law be reviewed in January 2004 and that information booths be established at all the country fairs, beginning with the Central Canada Exhibition.

 

 

MOTION NO. 36/12

 

Moved by Councillor A. Munter

Seconded by Councillor D. Deans

 

WHEREAS a proposed harmonized Discharge of Firearms by-law is being considered by Council;

 

AND WHEREAS the Municipal Act permits Council to, for the purpose of public safety, pass by-laws to prohibit the discharge of firearms, including cross-bows and long-bows, in defined areas of the City;

AND WHEREAS the former City of Kanata generally prohibited the use of firearms within its boundaries, with the exception of bows in certain defined areas;

 

AND WHEREAS that practice has been reflected in the proposed by-law;

 

AND WHEREAS the new City of Ottawa by-law removes some of the restrictions placed on the discharge of bows by the former City of Kanata by-law (for example – requirement to register at City Hall);

 

AND WHEREAS in the proposed by-law, a portion of the area in which the use of bows is shown as permitted has been subject to an increase in population as a result of urban development, and is increasingly used for recreational purposes other than those related to hunting activity;

 

AND WHEREAS this area includes the publicly-owned and publicly-accessible South March Highlands, which include hiking, biking, walking, skiing and other trails and which thus far totals 604 acres;

 

THEREFORE BE IT RESOLVED that the discharge of the firearms, including cross-bows and long-bows, in the former City of Kanata be prohibited in the area south of Old Carp Road as shown on Schedule E to the proposed by-law and that the proposed Discharge of Firearms By-law be amended accordingly.

 

CARRIED on a division of 14 YEAS to 6 NAYS as follows:

 

Yeas: (14)       Councillors A. Cullen, D. Deans, G. Hunter, P. McNeely, C. Doucet,

A.     Munter, E. Arnold, J. Harder, M. Bellemare, J. Stavinga, J. Legendre,

P. Hume, R. Bloess and Mayor Chiarelli.

 

Nays: (6)         Councillors D. Eastman, W. Stewart, H. Kreling, G. Brooks, M. Meilleur

                        and D. Thompson.

 

 

MOTION NO. 36/13

 

Moved by Councillor J. Stavinga

Seconded by Councillor A. Munter

 

WHEREAS for more than a decade By-law 33-91, adopted by the former Township of Goulbourn, has – in the interests of public safety – prohibited the discharge of firearms within defined village and “urban areas”;

 

WHEREAS the same by-law, in the interests of public safety, has prohibited the discharge of firearms within 500 metres of any residential dwelling, with exemptions for law enforcement officials in the performance of their duty, farmers defending their property, and members of properly zoned gun clubs and rifle ranges;

 

WHEREAS the explicit intention of the Goulbourn by-law has been to ensure the safety of every resident, whether urban, village, or rural, with a protective buffer prohibiting firearms discharge near to their home;

 

WHEREAS due to the sheer number of rural dwellings spread throughout the former Township, the practical effect of the Goulbourn by-law has been to create a virtual prohibition on firearms discharge throughout the former Township.

 

WHEREAS the City’s proposed by-law would provide no protective buffer around Goulbourn’s many individual rural dwellings and thus ignores the community’s longstanding tradition of providing distance protections for the safety of all residents and their families;

 

WHEREA the City’s proposed elimination of protective buffers for Goulbourn’s rural residents would mean many families, accustomed to more than a decade of public safety provided by an effective prohibition on firearms discharge, would now have to accept the use of firearms in areas as close as their neighbour’s backyard, and would need to adjust their lives, and the lives of their children, accordingly;

 

WHEREAS the City’s elimination of protective buffers for Goulbourn’s rural residents is an unreasonable imposition on those same residents and violates the longstanding community consensus on public safety embodied in Goulbourn’s current discharge of firearms by-law;

 

THEREFORE BE IT RESOLVED THAT the proposed discharge of firearms by-law be amended to prohibit the discharge of firearms within the boundaries of the former Goulbourn Township;

 

AND BE IT FURTHER RESOLVED THAT staff provide a status report on the new by-law one year after its approval, with the intent of identifying uninhabited areas of Goulbourn that may be appropriate for the discharge of firearms in the future.

 

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

 

Yeas: (8)         Councillors A. Cullen, D. Deans, C. Doucet, A. Munter, E. Arnold,

                        M. Bellemare, J. Stavinga and R. Bloess.

 

Nays: (12)       Councillors D. Eastman, G. Hunter, W. Stewart, P. McNeely, H. Kreling,

                        G. Brooks, J. Harder, M. Meilleur, D. Thompson, J. Legendre, P. Hume and Mayor Chiarelli.

 

 


MOTION NO. 36/14

 

Moved by Councillor J. Stavinga

Seconded by Councillor A. Munter

 

THAT Motion 36/13 be reconsidered at the next Council meeting.

 

LOST pursuant to Section 61(4) of the Procedure By-law on a division of 6 YEAS to 14 NAYS as follows:

 

Yeas: (6)         Councillors A. Cullen, D. Deans, C. Doucet, A. Munter, E. Arnold and

                        J. Stavinga.

 

Nays: (14)       Councillors D. Eastman, G. Hunter, W. Stewart, P. McNeely, H. Kreling,

                        G. Brooks, J. Harder, M. Meilleur, M. Bellemare, D. Thompson, J. Legendre, P. Hume, R. Bloess and Mayor Chiarelli.

 

Committee Recommendation 1 was CARRIED on a vote of 13 YEAS to 7 NAYS as follows:

 

Yeas: (13)       Councillors A. Cullen, P. McNeely, C. Doucet, A. Munter, H. Kreling,

                        E. Arnold, M. Meilleur, M. Bellemare, J. Stavinga, R. Chiarelli, P. Hume,

                        R. Bloess and Mayor Chiarelli.

 

Nays: (7)         Councillors D. Eastman, G. Hunter, W. Stewart, G. Brooks, J. Harder,

                        D. Thompson and J. Legendre.

 

Committee Recommendation 5 was ruled OUT OF ORDER by the Mayor as there is no provision in the authorizing legislation for delegation to staff to grant exemptions.

 

Item 1 of Emergency and Protective Services Committee Report 22 was then put to Council and CARRIED as amended by Motion 36/12 with Councillor W. Stewart dissenting on Committee Recommendation 3 and Councillor J. Stavinga dissenting on the Report as amended by Motion 36/12.

 

 

    

3.     By-law Harmonization -Public Garages and Snow Plow Operators

 

Committee Recommendations

 

That Council:

 

1.         Approve the proposed Licensing Schedule regulating Public Garages, effective September 1, 2002, attached as Document 1, and approve required amendments with respect to the general provisions and Schedule “A” of the new licensing by-law to:

 

(a)               establish an expiry date of April 30;

(b)               establish an annual license $120 fee;

(c)                include related definitions.

 

2.         Approve the proposed Licensing Schedule regulating Snow Plow Operators, effective September 1, 2002, attached as Document 2, and approve related amendments with respect to the general provisions and Schedule “A” of the new licensing by-law to:

 

(a)               establish an expiry date of October 31;

(b)               establish an annual license fee of $120;

(c)                include a $10 fee per snow plow as defined in the Schedule;

(d)               include related definitions.

 

3.         Approve amendments to existing licensing by-laws to modify existing expiry dates in order to facilitate the transition into proposed expiry dates.

 

 

DECLARATION OF INTEREST

 

Councillor P. McNeely declared an interest on Item 3 of Emergency and Protective Services Committee Report 22 as he has a brother in the snow plow operating business.

 

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

 

 

MOTION NO. 36/15

 

Moved by Councillor D. Eastman

Seconded by Councillor D. Thompson

 

WHEREAS it is recognized that, in rural communities, farmers with appropriate equipment provide assistance and support to others in the community for the purpose of snow clearing but with some level of reimbursement;

 

AND WHEREAS the proposed by-law regulating snow plow operators, would require farmers, providing such assistance and support to obtain a license;

 

AND WHEREAS such a requirement is not reasonable in consideration of the nature of the assistance being provided;

 

THEREFORE BE IT RESOLVED that Schedule No. 4 to the proposed by-law relating to snow plow contractors be amended to exempt bona fide farmers while engaged in snow clearing within their community and whose primary business is not as a snow plow contractor.

 

CARRIED with Councillors A. Cullen, G. Hunter and R. Chiarelli dissenting.

 

Item 3 of Emergency and Protective Services Committee Report 22 was then put to Council and CARRIED.

 

 

Environmental Services Committee Report 17A

 

 

1.         Household Special Waste - Collection Events Summary and Strategy Report 2001

 

 

Committee Recommendations

 

That Council approve:

 

1.         The Household Special Waste program as outlined in this report; and

 

2.         Officially changing the name of the program to Household Hazardous Waste, from Household Special Waste, in keeping with the future direction of the Province.

 

                                                                                                            CARRIED

 

 

 

2.         Memorandum of Understanding - Landfill Gas

 

 

Committee Recommendation

 

That Council approve the draft Memorandum of Understanding developed with Energy Ottawa, a subsidiary of Hydro Ottawa, and the City of Ottawa as a first step in the City’s Landfill Gas Resource Utilization Strategy.

 

                                                                                                            CARRIED

 

 

 

3.         Solid Waste – Integrated Waste Management Master Plan

 

 

            Committee Recommendation

 

            That Council approve that staff undertake the development of an integrated waste management master plan, using a two-phased approach as outlined in this report.

 

                                                                                                            CARRIED

 

 

Health, Recreation and Social Services Committee Report 26B

 

 

1.         Community Service Branch Allocation Facility Policy

 

Committee Recommendations as amended

 

That Council approve:

 

1.                  The policy statement for the allocation of City recreation and culture facilities outlined in this report;

 

2.                  The approach to the development of procedures for the implementation of the policy;

 

3.                  The recommended allocation appeal process; and

 

4.                  That the new allocation policy and process be implemented according to the schedule in Annex B.

 

As amended by the following:

 

1.                  That the Community Allocation appeal panel be composed of no more than five (5) city staff, and no less than two (2) community representatives from the appropriate advisory committee;

2.                  That staff report back to Committee on the implementation of the Allocation Policy following the user group consultation; and

3.                  That facility allocation consider the number of participants in the organization.

 

                                                                                                            CARRIED

 

 

2.         Summary of Facility Study Phase 2 Business and Scoping Plans and Overview of Phase 3

 

Committee Recommendation

 

That Council receive this report for information.

 

                                                                                                            RECEIVED

 

 

Health, Recreation and Social Services Committee Report 27

 

 

1.     Impact of the Community Care Access Centre Service Reductions

 

Committee Recommendations as amended

 

That Council:

 

1.                  Request that the board of Directors of the Ottawa Community Care Access Centre:

a.                  Reverse its decision to eliminate homemaking services to the community until a more thorough study of the impact of such a decision and the options for clients is undertaken;

b.                  If recommendation a.) is not immediately possible, evaluate the effects of the elimination of homemaking services to all former clients within sixty days of the date the services were removed to determine if any dangerous or unhygienic conditions have developed, whether alternate services are locally available and, in cases of need, reinstate the services;

c.                   Undertake a thorough study of the importance and necessity of homemaking services towards quality of life, overall health care and ability to sustain independence in the community;

d.                  As part of its study, hold a community consultation with respect to the need for and importance of homemaking services for its clients and the impact of the elimination of homemaking services to quality of health and level of independence;

e.                  Work with Service Providers in the Community, consumers and other community partners, including the City of Ottawa to explore the development of provincially funded options to the delivery of homemaking services by the Ottawa Community Care Access Centre.

2.                  Direct People Services to expand access to seniors and disabled persons who qualify for financial assistance according to the Home Help program criteria. This will result in a budget pressure for 2003.

 

3.                  That the City of Ottawa request an urgent meeting with the Minister of Health and Long Term Care on the adequacy of Provincial funding for home care services in Ottawa; and

 

That the Mayor of Ottawa lead the City’s delegation to Toronto, accompanied by appropriate City staff, service providers and home care clients.

 

4.         That staff be directed to work with community partners to develop a mechanism for releasing to the public,information on the impact of these cuts.

 

                                                                                                            CARRIED

 

 

 

2.         Sales Outlet for Festival Tickets

 

Committee Recommendation As Amended

 

That Council. approve that, in light of the chronic shortage of central ticket outlets, the City of Ottawa open-air kiosk on William Street be made available at no cost for a six month trial period to provide a ticket outlet for festivals.  In addition, that tickets be made available at the City's Client Service Centres.

 

                                                                                                            CARRIED

 

 

 

3.         Community Partnership Minor Capital Program 2001

 

Committee Recommendation

 

That Council receive this report for information.

 

                                                                                                            RECEIVED

 

 

 

4.         Community Funding Priorities for the 2003 Community Project Grants             Program

 

Committee Recommendations As Amended

 

That Council approve the Community Funding Priorities for the 2003 Community Project Grants Program, as amended by the following:

 

1.                  That the number of proposals per agency be limited to a maximum of three.

 

2.                  That there be three sub-committees as part of this panel (one each for health, recreation and social services) in order to permit three Councillors to share the workload of representing Health, Recreation and Social Services Committee on the allocations panel.

 

                                                                                                            CARRIED

 

 

 

5.         Service  Delivery Model Issues and Financial Implications Regarding           Ontario Works and The Ontario Disability Support Program

 

Committee Recommendation  As Amended

 

That Council approve that the City of Ottawa indicate to the Minister of Community, Family and Children’s Services (and to area MPP’s) our grave concerns over the Provincial Service Delivery Model of Social Assistance, from the point of view of reducing quality of service to the public, increased costs to the City of Ottawa and the lack of public accountability of these increases; and;

Further, that the staff report be forwarded as well.

 

                                                                                                            CARRIED

 

 

 

6.         Transportation Benefits for Ontario Disability Support Program   (ODSP) Recipients

 

Committee Recommendation As Amended

 

That Council approve petition the Ministry of Community, Family and Children’s Services to expand its policy interpretation and application of transportation benefits, and issue these benefits to ODSP recipients that attend:

·       Appointments with social workers or other counselling professionals, where recommended by a physician;

·        Community programs, such as the Causeway Work Centre;

·        Attendance at day programs or sheltered workshops;

·        Peer support programs; and

·        Travel within the community to increase independent living skills or gaining socialization skills.

 

                                                                                                            CARRIED

 

 

Planning and Development Committee Report 31

 


 

1.        Official Plan Amendment To The Nepean Official Plan And A Zoning Amendment For Lands Located South Of Strandherd Drive East Of Greenbank Road

 

Committee Recommendation

 

That Council:

 

1.         Approve and adopt the application to amend the Nepean Official Plan to redesignate the subject lands from Residential Neighbourhood to District Retail and to increase the allowable gross leasable retail space from 42500m2 to 55000m2, as detailed in Document 2.

 

2.         Approve the application to amend Zoning By-law 100-2000 to rezone the subject lands shown in Document 3 from Future Growth Zone – FG to Commercial District Zone – CD.

 

                                                                                                            CARRIED

 

 



    

2.      Proposed Amendments To The Official Plan Of The Former City Of
Kanata And Zoning By-Law 161-93 – 700 Second Line Road

 

 

Committee Recommendations as Amended

 

That Council:

 

1.                  Recommend that the Ontario Municipal Board approve and adopt an amendment to the Official Plan (LOPA 67) of the former City of Kanata to change the form and density of residential development within the South March Community, as detailed in Document 1.

 

2.                  Approve an amendment to the former City of Kanata Zoning By-law 161-93 to rezone 700 Second Line Road from a “Rural Zone” to a “Residential Type 1B - Holding” (R1B-H), Residential Type 3A” (R3A), “Residential Type 5A” (R5A) and “Open Space” (OS) zones.

 

3.         Direct Development Services and Legal Services staff to attend the Ontario Municipal Board Hearing concerning an appeal filed by Minto Land Development Inc., against the Official Plan and Zoning By-law 558, of the former City of Kanata for 700 Second Line Road, and further, that Council direct staff to support the amendments as modified.

 

4.         a)       That Document 1 be amended by inserting the following in the fourth last paragraph of the Amendment:  Stormwater Management Facilities may also be located in the RH-4 designation.

 

b)                  That Schedule B to Amendment 67 be replaced with the revised Schedule B.

 

                        c)         That Document 2 be replaced with the revised Document 2.

 

5.         That staff be directed to develop a plan for consideration to realign Second Line Road to permit the addition of the 4 ha of natural environment area as a contiguous portion of the South March Highlands and that this work be completed prior to the OMB hearing to allow it to be presented to the Board as part of the settlement on this issue, if required.

 

 

MOTION NO. 36/16

 

Moved by Councillor A. Munter

Seconded by Councillor J. Harder

 

BE IT RESOLVED that Planning and Development Committee be delegated the authority to establish the position of the City with respect to the provisions of the official plan amendments in respect of 700 Second Line Road (Minto Stage 10) regarding road alignments.

 

                                                                                                            CARRIED

 

Item 2 of Planning and Development Committee Report 31 was then put to Council and CARRIED.

 

 


 

3.         Proposed Amendments To The Official Plans Of The Former Region Of Ottawa-Carleton And City Of Kanata, Amendment To Zoning By-law 18-69 And Draft Plan Of Subdivision – 800 Second Line Road

 

Committee Recommendation

 

That Council refuse the applications to amend the Official Plans of the former Region of Ottawa-Carleton and City of Kanata, amendment to Zoning By-law 18-69 and Draft Plan of Subdivision for 800 Second Line Road.

 

                                                                                                            CARRIED

 

 

 

4.         Zoning - 100 Michael Cowpland Drive

 

Committee Recommendation

 

That Council approve an amendment to the former City of Kanata Zoning By-law 135-93, to rezone 100 Michael Cowpland Drive from “Light Industrial” (M1A) to a “Light Industrial, Select Exception” (M1A-7) zone.

 

                                                                                                            CARRIED

 

 

    

5.         Zoning – 817 Swallowtail Crescent

 

Committee Recommendation

 

That Council approve an amendment to the former City of Cumberland Urban Zoning By-law 1-84 to eliminate the requirement for on-site parking for a private club on a residential lot at 817 Swallowtail Crescent.

 

                                                                                                            CARRIED

 

 



    

6.         Zoning – 1820 Trim Road

 

Committee Recommendation

 

That Council approve an amendment to the former City of Cumberland Urban Zoning By-law, 1-84, to change the zoning from D-R to R1F-Exception, R2D-X3, R3D-Exception and Open Space, and Conservation to permit single family, semi-detached, and row dwellings, in addition to open space and conservation uses, as detailed in Document 2.

 

                                                                                                            CARRIED

 

 

    

7.         Zoning – 2790 Baseline Road And 1362 Guthrie Street

 

Committee Recommendation

 

1.                  That Council approve an amendment to the former City of Ottawa Zoning By-law 1998 to change the zoning of Area A in Document 3, from R5A[814] - Low-rise Apartment Subzone with exceptions to an R5A exception zone, to add an apartment building with a height limit of 17.0 metres;

 

2.                  That Council approve the removal of a parcel of land from of the former City of Nepean Urban Area Zoning By-law 100-2000, zoned RMU Block 8 and shown as Area B in Document 3, and rezone to an R5A exception zone within the former City of Ottawa Zoning By-law 1998 to permit the same zoning as for Area A, and a mutual driveway for the benefit of the RMU Block 8 zone in the former City of Nepean;

3.                  That Council approve an amendment to the former City of Ottawa Zoning By-law 1998 such that:

 

i)                    subsection 20(3), that deems zoning boundaries to be lot lines in the former City of Ottawa, does not apply; and

 

ii)                  the provision “The former municipal boundaries between the old City of Nepean and the old City of Ottawa are to be treated as lot lines” be repealed.

 

4.                  That Council approve an amendment to the former City of Nepean Urban Area Zoning By-law 100-2000 to change the zoning of the RMU Block 8, as shown as Area C in Document 3, to limit the number of dwelling units to 13.

 

                                                                                                            CARRIED

 

 

    

8.         General Text Amendment To By-Law 333 Of 1999, Former City Of Gloucester Zoning By-Law, For The Development Of Freehold Townhouses And Semi-Detached Dwellings On Private Streets

 

Committee Recommendation

 

That Council approve an amendment to the former City of Gloucester Zoning By-law 333 of 1999, to change the requirements for the development of freehold townhouses and semi-detached dwellings on private streets as shown in Document 1.

 

                                                                                                            CARRIED

 

 

    

9.         Application To Demolish 330 Gilmour Street, A Property Located In The Centretown Heritage Conservation District

 

Committee Recommendation

 

          That Council refuse the application to demolish 330 Gilmour Street, a property located in the Centretown Heritage Conservation District.

 

                                                                                                            CARRIED

 

 

    

10.        Application To Alter The Plant Bath, 130 Preston Street, A Property Designated Under Part 1v Of The Ontario Heritage Act

 

 

Committee Recommendation

 

That Council approve the application for the alteration of the Plant Bath, 130 Preston Street, a property designated under Part IV of the Ontario Heritage Act (By-law 44-95) in accordance to the plans by Griffiths, Rankin and Cook received on April 28, 2002.

 

                                                                                                            CARRIED

 

 

    

11.       Application To Alter The Heritage Building At 346 Somerset Street

 

 

Committee Recommendation

 

That Council approve the application to alter the heritage building at 346 Somerset Street East in accordance with the plans by Robert Martin of Robertson Architects and Associates received on May 10, 2002.

 

                                                                                                            CARRIED

 

 

    

12.       Application To Demolish 16 Crescent Road, A Property Located In The Rockcliffe Park Heritage Conservation District And Application For New Construction At 16 Crescent Road

 

 

Committee Recommendations

 

That Council:

 

1.         Approve the application for the demolition of the house at 16 Crescent Road in the Rockcliffe Park Heritage Conservation District.

 


2.         Approve the application for the construction of a new house at 16 Crescent Road, Rockcliffe Park Heritage Conservation District in accordance with the plans received on May 8, 2002.

 

                                                                                                            CARRIED

 

 

           

13.              Signs By-Law Minor Variance – 1338 Richmond Road

 

 

Committee Recommendation

 

That Council approve a Minor Variance to Signs By‑law 36-2000, of the former City of Ottawa, to allow an increase to the site’s permitted signage area for ground signs, with the addition of two ground mounted identification signs and to allow a decrease in the minimum setback required for two ground signs, as detailed in the discussion section of this report.

 

                                                                                                            CARRIED

 

 

    

14.              Signs By-Law Minor Variance – 3199 Hawthorne Road

 

 

Committee Recommendation

 

That Council approve Minor Variances to Signs By‑law 36-2000, of the former City of Ottawa, and to Signs By-law 79-1991, of the former City of Gloucester, to legalize existing ground signage for this subject property as detailed in the background section of this report.

 

                                                                                                            CARRIED

 

 

    

15.       Request For An Exemption From The Fencing By-Law – 1538 Blair Road (Former City Of Gloucester)

 

 

Committee Recommendation

 

That Council approve 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.

 

                                                                                                            CARRIED

 

 

           

16.       Request For Delegated Authority To Appoint

 

 

Committee Recommendation as Amended

 

That the Planning and Development Committee recommend to Council that a member of the Environmental Advisory Committee participate on the Lower Rideau Watershed Planning Public Advisory Committee; and, that the Environmental Advisory Committee be permitted to select a representative amongst those members of the EAC appointed and approved by Council.

 

                                                                                                            CARRIED

 

 

    

17.              Replacing The Ontario Municipal Board With A More Responsive Structure

 

 

Committee Recommendations as Amended

 

WHEREAS there is a widespread view in the city of Ottawa that the city is increasingly losing control over the local planning process to the Ontario Municipal Board (OMB), due in part to relatively-recent changes to the Planning Act that encourage developers to bypass local councils and head directly to the OMB to secure favourable rulings; and


WHEREAS the mechanisms used by developers are Sections 34(11) and 17(40) of the Planning Act, which allows an applicant to request an OMB decision 90 days after an application has been filed, whether or not city council has dealt with the application.


WHEREAS there is growing anger in the community over OMB rulings that appear arbitrarily imposed against the will of elected officials and the communities they represent; and


WHEREAS the city of Toronto has recently concluded it is successful in most appeals of city council decisions that follow the full planning process but is unsuccessful in most cases where developers head directly to the OMB 90 days after their applications have been filed; and


WHEREAS the city of Toronto has recommended that "when there is not a clearly defined provincial interest to be settled by the OMB, there should be a less expensive and more efficient local solution, protecting the rights of natural justice and individual property rights than a provincially-appointed administrative tribunal";

 

THEREFORE BE IT RESOLVED THAT:

 

1.                  Ottawa City Council give consideration to the establishment of a "Local Appeal Board" to deal with planning application appeals.

 

2.         Failing that, Ottawa City Council requests that the Ontario Municipal Board change its procedures and not deal with appeals from developers before the city had had an opportunity to satisfactorily complete its development approval process.

 

3.         Staff be directed to report back to Planning and Development Committee on OMB decisions relating to approved council decisions vs. OMB decisions triggered by the 90-day appeals.

 

4.         Staff be directed to work with the city of Toronto and other large urban municipalities to explore possible changes to OMB procedures, as outlined in the city of Toronto report, and that staff report back to council on their progress in the area.

 

5.         Staff be directed to review current City practice as to when applications are deemed complete and therefore legislated timelines are triggered.

 

6.         This resolution be circulated to all regional governments, large urban municipalities, the Association of Municipalities of Ontario, the Minister of Municipal Affairs and Housing, the city's MPP's, and the three provincial party leaders.

 

CARRIED with Councillors D. Eastman, G. Hunter and J. Harder dissenting.

 

 


Transportation and Transit Committee Report 25

 

 

1.         Carp road at westbrook road - (traffic control signal installation and intersection modification) )

 

 

Committee Recommendation

 

Having held a public hearing, that Council approve:

 

1.         the proposed roadway modifications of Carp Road and Westbrook Road as shown in Annex 3 (Drawing 11586-F2); and,

 

2.                  that staff proceed with negotiations to acquire the property necessary to accommodate the proposed roadway modifications as shown in Annex 4 (Drawing 11586-F4).

 

CARRIED with Councillor J. Legendre dissenting on the proposed bus bay.

 

 

 

2.         Stonehaven drive traffic operations review
           

 

Committee Recommendation

 

That Council approve:

 

1.                  receipt of the report entitled “Stonehaven Drive Traffic Operations Review”, prepared for the City of Ottawa by Dillon Consulting Limited, a copy of which is on file with the City Clerk;

 

2.                  the installation of traffic control signals at Stonehaven Drive and Grassy Plains Drive and modification of pavement markings to create a northbound left-turning lane on Stonehaven Drive at that intersection;

 

3.                  the installation of traffic control signals at Stonehaven Drive and Harness Lane and modification of pavement markings to create eastbound and westbound left-turning lanes on Stonehaven Drive at that intersection;

 

4.                  the commencement of a detailed design for the intersection of Stonehaven Drive and Richmond Road, to create a second eastbound left-turning lane on Stonehaven Drive at Richmond Road, with a minor widening of Richmond Road to receive traffic from those left-turning lanes; and,

 

5.                  that a long-term transportation planning study be conducted for the Bridlewood community which would review the requirements for future roadway links to the arterial roadway system and would identify all traffic operational requirements within the internal Bridlewood community roadway network.

 

                                                                                                            CARRIED

 

 

 

3.         Carling Avenue – March Road to Moodie Drive –

            Environmental Assessment  Study – Statement of Work

 

 

Committee Recommendation

 

            That Council approve the Statement of Work for the Carling Avenue – March Road to Moodie Drive, Environmental Assessment Study.

 

                                                                                                            CARRIED

 

 


4.        
Rothbourne road realignment environmental assessment study

 

 

Committee Recommendation

 

That Council approve:

 

1.                  The findings of the Environmental Assessment Study that proposes a realignment of Rothbourne Road to link with Hazeldean Road in the vicinity of Highway 7;

 

2.                  The filing of the Environmental Study Report for the 30-day public review period as required by EA legislation, and;

 

3.                  The continuation of discussions with the Ministry of Transportation to develop a funding partnership agreement.

 

                                                                                                            CARRIED

 


5.        
Rideau canal pedestrian crossing - planning and environmental assessment          Study

 

 

Committee Recommendation

 

That Council approve:

 

1.                  The plan and design of a bridge (based on alternatives 6R1 and 6R2) to accommodate the pedestrian and cycling demand to cross the Rideau Canal between Somerset Street West and the Nicholas Street underpass near the Transitway’s Campus Station.

 

2.                  The preparation and filing of the Planning and Environmental Assessment Report.

 

                                                                                                            CARRIED

 

 

Charting a Course – The Next Step

 

MOTION NO. 36/17

 

Moved by Councillor P. McNeely

Seconded by Councillor J. Legendre

 

THAT the Report from the General Manager, Development Services – Charting a Course:  The Next Step, be received and considered.

 

                                                                                                            CARRIED

 

 

Report from the General Manager, Development Services

 

 

            Charting A Course: The Next Step

 

 

Report Recommendations

 

That the Committee of the Whole recommend Council :

 

1.                  Adopt the six principles of Charting A Course and their objectives as outlined in Document 1 to guide the development of the City of Ottawa’s growth management plans.

 

2.                  Receive the new Charting A Course:  The Next Step (Document 2)

 

3.                  Approve the development of five growth management plans:

a)         Official Plan

b)                  Human Services Plan

c)                  Arts and Heritage Plan

d)                  Economic Plan (including the Talent Plan and the Broadband Plan)

e)                  Corporate Strategic Plan

 

4.                  Direct staff to report to Committee of the Whole in May 2003 on the following:

a)         How each of the growth management plans has addressed the Charting a Course principles.

b)         The proposed format and content of an annual Report Card, including baseline data, to monitor the ongoing progress of the City’s programs and growth management plans.

c)                  How each of the Charting a Course principles will be used to guide decision-making.

 

Committee of the Whole Recommendations

 

1.                  Revise “Development in Harmony with the Environment” to read “Grow In, not Out - Using land wisely, development builds within the current urban boundary and avoids sprawling outwards.”

 

2.                  Revise “A Focus on Walking, Cycling and Transit” to read “Ottawa implements policies that favour walking, cycling and public transit over the use of private motor vehicles, thereby facilitating the use of modes of transportation that are socially accessible, environmentally healthy, and economically feasible.”

 

3.                  That Council recommends that for the development of further strategies, the City consider the innovative sustainable community strategies highlighted in Annex 4 of the document, City of Ottawa EAC “Ottawa 20/20: Charting a Course” review and key recommendations which has been previously distributed to Council and that the city also consider the sustainable community strategies highlighted for a wide range of issue areas (e.g. transportation, green spaces etc.) that were captured in the final report of the EAC Community Workshop of March 2002.

 

4.                  That Council integrate into Smart Growth public discussions analyses of the key pressures that currently threaten the quality of life in the community and need to be addressed.

 

5.                  That the City of Ottawa identify and develop a comprehensive sustainable community plan that integrates the deliverables of various plans for citizen quality of life which makes more explicit the enhancement and protection of the environment within various City plans.

 

6.                  That the City of Ottawa, include in its final plans, a requirement to regularly measure the quality of life of its citizens of all ages using a set of appropriate indicators, building on the first City of Ottawa quality of life baseline report.

 

7.                  That “Charting a Course:  The Next Step” include in its Vision for 2020 a recognition of a troubling trend of Canadian society, including Ottawa, over many years, that is, the growing gap between those in society who are able to benefit from economic growth and those who are not by ensuring that there is a strong coupling between the “A Caring and Inclusive City” elements of the vision and its “An Innovative City Where Prosperity is Shared Among All” elements.

 

8.                  That the planning and construction of social housing, special needs homes and shelters be more evenly distributed across the city.

 

9.                  That a seventh vision be developed as “ A Healthy and Active City” to include reference to the importance of recreational pursuits and sporting opportunities for all in our community.

 

10.              Revise “A Caring and Inclusive City” to add “That Seniors have access to community services that respond to their needs.”

 

 

MOTION NO. 36/18

 

Moved by Councillor P. McNeely

Seconded by Councillor R. Bloess

 

WHEREAS balanced growth will reface Transportation infrastructure requirements;

 

WHEREAS the City is in the process of a new Official Plan;

 

BE IT RESOLVED that

 

1.         Staff be requested to evaluate the impacts of various mechanisms  to improve ratios of jobs per home in those areas where jobs per home are the lowest.

 

2.         that a study be considered to evaluate the impact on road infrastructure costs of each job created in the low job areas.

 

CARRIED with Councillor G. Hunter dissenting.

 

The Report of the General Manager – Charting a Course:  The Next Step, as amended by the Committee of the Whole Recommendations and Motion 36/18 was then put to Council and CARRIED.

 

 

Motion to Adopt Committee Reports

 

MOTION NO. 36/19

 

Moved by Councillor P. McNeely

Seconded by Councillor J. Legendre

 

That Corporate Services and Economic Development Committee Reports 31 and 31A (In Camera), Emergency and Protective Services Committee Report 22, Environmental Services Committee Report 17A, Health, Recreation and Social Services Committee Reports 26B and 27, Planning and Development Committee Report 31, Transportation and Transit Committee Report 25, and Report of the General Manager, Development Services – Charting a Course:  The Next Step be received and adopted as amended.

 

                                                                                                            CARRIED

 

 

Motions (Of Which Notice Has Been Given Previously)

 

MOTION NO. 36/20

 

Moved by Councillor R. Bloess

Seconded by Councillor H. Kreling

 

WHEREAS, the City Council of the former City of Gloucester amended Gloucester By-laws 73 of 1990, as amended, and 79 of 1991, as amended, in order to declare a moratorium/ban on all portable, temporary and additional billboard signage along St. Joseph Boulevard between the intersection of Youville Drive and the former Gloucester/Cumberland boundary, on Jeanne D’Arc Boulevard between the intersection of St. Joseph Boulevard and the intersection of Youville Drive, on Canotek Road (Queensway Industrial Park), and within Blackburn Hamlet in its the entirety;

 

AND WHEREAS, the City Council of the former City of Gloucester at its December 14, 1999 meeting directed that this moratorium expire on January 1, 2001, in view of the planned amalgamation of the local governments in the area;

 

AND WHEREAS, the purpose of the moratorium was to provide immediate improvements to the streetscapes of the business communities along the above named streets, by removing signage that cluttered the streetscape, and this was achieved, and the need to foster an enhanced appearance of these business communities continues;

 

AND WHEREAS the process for harmonizing the new sign by-law(s) will include significant consultation with the various communities, the sign industry, etc., where the impact of the moratorium can be properly evaluated, confirmed, refined or discontinued and that this undertaking will be completed by 2003;

 

BE IT THEREFORE RESOLVED that, pending the approval of the new sign(s) by-law, the declared moratorium/ban on all portable, temporary and additional billboard signage along St. Joseph Boulevard between the intersection of Youville Drive and the former Gloucester/Cumberland boundary, on Jeanne D’Arc Boulevard between the intersection of St. Joseph Boulevard and the intersection of Youville Drive, on Canotek Road (Queensway Industrial Park), and within Blackburn Hamlet in its the entirety be extended by City Council until December 31st 2003 or until the harmonized new sign by-law is enacted, whichever date is the earlier.

 

                                                                                                            CARRIED

 

 

Motions (Requiring Suspension of the Rules of Procedure)

 

MOTION NO. 36/21

 

Moved by Councillor J. Harder

Seconded by Councillor R. Bloess

 

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

 

WHEREAS Councillor Little has provided written notice to Council, including medical documentation, of his inability to attend certain meetings of Committee and Council;

 

AND WHEREAS the Municipal Act, Clause 38(c) permits a Council to excuse the absence of a Member of Council;

 

AND WHEREAS Subsection 75(8) of the City’s Procedure By-law further provides that the “reception of a written notice of regret by the Committee or Council shall constitute authority for the purposes of this Subsection”;

 

THEREFORE BE IT RESOLVED THAT the absence of Councillor Little from City Council is authorized for the period from 9 April 2002 to 15 July 2002.

 

                                                                                                            CARRIED

 

 

MOTION NO. 36/22

 

Moved by Councillor E. Arnold

Seconded by Councillor D. Deans

 

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

 

WHEREAS the Pride Committee of Ottawa-Gatineau Inc. is hosting the annual Pride Week Celebrations between July 8th and 14th, 2002 in various locations throughout the City;

 

AND WHEREAS this Festival has been designated as a community event of significant importance;  

 

AND WHEREAS the Town Square Info and Art Fair taking place at Minto Park, Jack Purcell and St. Luke’s Park between 10:00 a.m. and 5:00 p.m. on July 13th, 2002 will involve live concerts at Minto Park;

 

AND WHEREAS the Pride Bank Street Party taking place between 12:00 p.m. and 11:00 p.m. on July 14th, 2002 on Bank Street between Frank Street and Cooper Street and on Somerset Street West between Bank Street and O’Connor Street will include live and recorded entertainment;

 

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 Pride Committee of Ottawa-Gatineau Inc., 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 July 13th, 2002 between the hours of 10:00 a.m. and 5 p.m. at Minto Park, and on July 14th, 2002, between 12:00 p.m. and 11:00 p.m. for the Pride Bank Street Party located on Bank Street, between Frank Street and Cooper Street, and Somerset Street West between Bank Street and O’Connor Street.

 

CARRIED with Councillor G. Hunter dissenting.

 

MOTION NO. 36/23

 

Moved by Councillor E. Arnold

Seconded by Councillor D. Deans

 

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

 

WHEREAS the Shanghai Restaurant operating at 651 Somerset Street will be hosting a community event in the parking lot located at this address on Saturday June 29, 2002 between the hours of 2:00 p.m. and 8:00 p.m.; 

 

AND WHEREAS this event will consist of local visual artists creating works of art to the accompaniment of music presented by disc jockeys;

 

 

AND WHEREAS exemptions 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 Shanghai Restaurant, the host of this event, 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., June 29, 2002, between 2:00 p.m. and 8:00 p.m., at 651 Somerset Street.

 

 CARRIED with Councillor G. Hunter dissenting.

 

 

MOTION NO. 36/24

 

Moved by Councillor E. Arnold

Seconded by Councillor D. Deans

 

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

 

WHEREAS the NCC is requesting an exemption to the old City of Ottawa Noise By-law 3-97 to prepare for the Canada Day celebrations;

 

AND WHEREAS the NCC has the use of Bayview Yards depot for delivery of all the equipment related to the Canada Day festivities;

 

AND WHEREAS the G8 demonstrations are scheduled to end at 5 p.m. on June 27th;

 

AND WHEREAS the NCC is scheduled to start transporting the equipment at 9 p.m. on June 27th;

AND WHEREAS the NCC will have to work 24 hours a day from June 27th to July 2nd to complete the set-up and take down for Canada Day celebrations;

 

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 established 55 decibel level, in effect until 11:00 p.m. or which may disturb the peace and comfort of a resident after 11 p.m.;

 

THEREFORE BE IT RESOLVED that the provisions of subsections 23(1) and 24(3) of the City of Ottawa Noise By-law Number 3-97 shall not apply so as to preclude the NCC 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 11:00 p.m., or disturbs the peace and comfort of a resident whose peace and comfort is disturbed after 11:00 p.m.

 

CARRIED with Councillor G. Hunter dissenting.

 

 

MOTION NO. 36/25

 

Moved by Councillor W. Stewart

Seconded by Councillor E. Arnold

 

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

 

WHEREAS the H.O.P.E Charity is hosting a volleyball tournament at Mooney’s Bay on Saturday, July 13th, 2002, from 8 a.m. to 6:00 p.m.

 

AND WHEREAS this festival has been designated as a community event of significance, and tends to attract tourists and participants to this region;

 

AND WHEREAS this is the 20th H.O.P.E Beach Volleyball Tournament event for the H.O.P.E charity,

 

AND WHEREAS this year’s H.O.P.E Beach Volleyball Tournament is being held to raise funds for:

 

            Canadian Diabetes Association

            Distress Centre of Ottawa and Region

            Muscular Dystrophy Association of Canada

            Operation Go Home

            Ottawa-Carleton Association for Persons with Developmental Disabilities

            The Ottawa Food Bank

The Ottawa Rotary Home Foundation

Ontario Special Olympics Inc.

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 use of sound reproduction devices during the H.O.P.E Beach Volleyball Tournament, which may exceed 55 dBA, when measured at the property line of a business person or person whose peace and comfort is disturbed between 8 a.m. and 6:00 p.m. on Saturday, July 13th, 2002.

 

CARRIED with Councillor G. Hunter dissenting.

 

 

MOTION NO. 36/26

 

Moved by Councillor M. Meilleur

Seconded by Councillor G. Hunter

 

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

 

WHEREAS, at its meeting of January 19, 2000, the Council of the former City of Ottawa passed By-law 5-2000 amending the Zoning By-law, 1998 of the former City of Ottawa to rezone 161 Laurier Avenue East to R6L sch 199 with a heritage overlay (High-rise Apartment Zone);

 

AND WHEREAS, at its meeting of February 2, 2000, the Council of the former City of Ottawa carried a former City of Ottawa Planning and Economic Development Committee report to rezone 161 Laurier Avenue East under the Zoning By-law, 1998 from R5D sch. 65 to CG sch. 65 exception zone with a heritage overlay (Low-Rise Apartment Zone), to permit a full service restaurant on the ground floor and basement, as detailed in Document 2 of the said report;

 

AND WHEREAS Document 2 of the said report provided as follows:

 

Zoning By-law, 1998

 

add an exception to limit the permitted non-residential uses to a full service restaurant on the ground floor and basement along with the maintenance of all other provisions of the principal zone;

 

AND WHEREAS it recently has been discovered that the by-law to implement the Council decision of February 2, 2000 was not passed;

 

AND WHEREAS, in order to implement the Council decision of February 2, 2000 in a manner consistent with By-law 5-2000, it now is appropriate to rezone 161 Laurier Avenue East to R6L sch 199 with an exception to limit the permitted non-residential uses to a full service restaurant on the ground floor and basement along with the maintenance of all other provisions of the principal zone;

 

AND WHEREAS a narrow strip of land to the immediate west of what was 161 Laurier Avenue East has recently been acquired by the owners of 161 Laurier Avenue East;

 

AND WHEREAS the recently acquired strip of land is currently zoned CG[722] sch 199 with a height limit of 18.3 metres;

 

AND WHEREAS the recently acquired strip of land should be zoned R6L sch 199 with a height limit of 18.9 metres and with an exception to limit the permitted non-residential uses to a full service restaurant on the ground floor and basement along with the maintenance of all other provisions of the principal zone;

 

AND WHEREAS subsection 34(17) of the Planning Act provides that, where a change is made in a proposed by-law after the holding of the required public meeting for rezoning, the council shall determine whether any further notice is to be given in respect of the proposed by-law and the determination of the council as to the giving of further notice is final and not subject to review in any court irrespective of the extent of the change made in the proposed by-law;

 

THEREFORE BE IT RESOLVED that the zoning of 161 Laurier Avenue East under the Zoning By-law, 1998 of the former City of Ottawa be amended to rezone 161 Laurier Avenue East to R6L sch 199 with a height limit of 18.9 metres and with an exception to limit the permitted non-residential uses to a full service restaurant on the ground floor and basement along with the maintenance of all other provisions of the principal zone;

 

AND BE IT FURTHER RESOLVED that, pursuant to subsection 34(17) of the Planning Act, no further notice be given, other than the required notice of the passing of the by-law.

 

                                                                                                            CARRIED

 

 


MOTION NO. 36/27

 

Moved by Councillor W. Stewart

Seconded by Councillor E. Arnold

 

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

 

WHEREAS the St. Elias Antiochian Orthodox Church at 2975 Riverside Drive, is hosting its annual Lebanese Fun Festival on July 17th to 21st, 2002, from 12:00 p.m. to 11:00 p.m.

 

AND WHEREAS this is a yearly event for the St. Elias Antiochian Orthodox Church and one which is meaningful to the community;

 

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

 

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 which will not exceed 65 dBA, 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 St. Elias Antiochian Orthodox Church, hosting the annual Lebanese Fun Festival, located at 2975 Riverside Drive, from using sound reproduction devices which may exceed 55 dBA, but which will not exceed 65 dBA, when measured at the property line of a business person or person whose peace and comfort is disturbed before 11:00 p.m., on July 17th to 21st, 2002.

 

                                                                                                            CARRIED

 

 

MOTION NO. 36/28

 

Moved by Councillor J. Legendre

Seconded by Councillor E. Arnold

 

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

 

WHEREAS Ottawa Greenbelt Construction Ltd. has been granted contract #02-3468 for road, watermain reconstruction and sewer separation in the former Village of Rockcliffe Park to start on July 1st 2002;

 

AND WHEREAS the former Village of Rockcliffe Park By-law Number 80-7 specifies that no construction, excavation, loading/unloading and delivery noise be allowed prior to 8:00 a.m. and after 6:00 p.m. on weekdays;

AND WHEREAS Councillor Jacques Legendre received, on June 25, 2002 an official request by Ottawa Greenbelt Construction Ltd. asking permission to suspend By-law Number 80-7 and allow work to start at 7:00 a.m. and finish no later than 7:00 p.m. Monday to Friday from July 1, 2002 to November 30, 2002;

 

AND WHEREAS due to the late notice of the request, Councillor Jacque Legendre hasn’t had sufficient time to consult the residents of the streets affected by this issue;

 

AND WHEREAS the following City of Ottawa Council meeting where the suspension of By-law Number 80-7 could be approved is scheduled for July 24, 2002, some 3 weeks after the scheduled start of the construction project;

 

THEREFORE BE IT RESOLVED THAT Councillor Jacques Legendre be delegated the authority to suspend By-law Number 80-7 and allow Ottawa Greenbelt Construction Ltd. to start road construction at 7:00 a.m. and finish no later than 7:00 p.m. following consultation with residents of the former Village of Rockcliffe Park.

 

                                                                                                            CARRIED

 

 

 

MOTION NO. 36/29

 

Moved by Councillor J. Harder

Seconded by Councillor R. Bloess

 

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

 

That staff be directed to develop a plan within their delegated authority, to aid residents of Fallowfield Village who experienced extensive damage during Sunday’s wind burst with consideration given to private property as well given that insurance does not cover wind damage.  Also consider the fact that the tipping fees be waived at Trail Road for waste products of the storm and report back with their action. 

 

                                                                                                            CARRIED

 

 


MOTION NO. 36/30

 

Moved by Councillor H. Kreling

Seconded by Councillor P. McNeely

 

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

 

WHEREAS the Fallingbrook Community Association will be hosting Canada Day Celebrations at the Ray Friel Centre, located at 1585 Tenth Line Road.  The festivities will take place between June 28th 2002 and July 2nd 2002;

 

AND WHEREAS exemption from subsections 2(8) and 3(2) of the old Corporation of the City of Cumberland Noise By-law Number 33-94 is required to allow the use of electronic devices which may cause a public nuisance before 11:00 p.m. and after 11:00 p.m.;

 

THEREFORE BE IT RESOLVED that the provisions of subsections 2(8) and 3(2) of City of Cumberland Noise By-law Number 33-94 shall not apply so as to preclude Fallingbrook Community Association, hosting Canada Day Celebrations at the Ray Friel Centre, located at 1585 Tenth Line Road, from using electronic devices which may cause a public nuisance before 11:00 p.m. and after 11:00 p.m. on July 1, 2002.

 

CARRIED with Councillor G. Hunter dissenting.

 

 

MOTION NO. 36/31

 

Moved by Councillor A. Cullen

Seconded by J. Stavinga

 

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

 

WHEREAS Britannia Park at 2841 Carling Avenue is hosting the CKCU Ottawa Folk Festival between August 23 and August 25, 2002 inclusive;

 

AND WHEREAS sound reproduction devices will be used for outdoor activities until midnight each night during the event;

 

AND WHEREAS this is the ninth annual festival and eighth year this festival has been held at Britannia Park with full community support in the previous years;

 

AND WHEREAS an exemption to subsection (1) of Section 23 of the of the old Corporation of the City of Ottawa Noise By-law 3-97 is required to extend the use of the sound reproduction devices until midnight;

 

AND WHEREAS an exemption to subsection (3) of Section 24 of the old Corporation of the City of Ottawa Noise By-law 3-97 is required to permit the Festival to surpass the allowed decibel level (commercial area);

 

BE IT THEREFORE RESOLVED THAT the provisions of subsection (1) of Section 23 and subsection (3) of Section 24 of the old Corporation of the City of Ottawa Noise By-law 3-97 shall not apply so as to preclude the Britannia Park facilities hosting the CKCU Ottawa Folk Festival at 2841 Carling Avenue involving the use of sound reproduction devices which exceed the 55 dBA level until midnight each night from August 23 to August 25, 2002 inclusive.

 

CARRIED with Councillor G. Hunter dissenting.

 

 

MOTION NO. 36/32

 

Moved by Councillor M. Meilleur

Seconded by Councillor J. Legendre

 

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

 

THAT Council acknowledge Kerry O’Leary, Manager, Transit Support, who received the Canadian Urban Transit Association’s Volunteer and Advocate Recognition Award, in the Distinguished Service Category, at their Annual Conference Awards Luncheon on 10 June 2002.

 

                                                                                                            CARRIED

 

 

Motion to Introduce By-laws

 
MOTION NO. 36/33

 

Moved by Councillor P. McNeely

Seconded by Councillor J. Legendre

 

That the following by-laws be enacted and passed:

 

By-laws                                                                                      Three Readings

 

2002-253                 A by-law of the City of Ottawa amending the Official Plan of the old City of Nepean – 1-7 Roydon Place.

 

2002-254                 A by-law of the City of Ottawa to amend Zoning By-law 100-2000 of the old City of Nepean – 1-7 Roydon Place.

 

2002-255                 A by-law of the City of Ottawa amending the Zoning By-law No. 1-84 of the old Corporation of the City of Cumberland – 817 Swallowtail Crescent.

 

2002-256                 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 – 30 Golflinks Drive.

 

2002-257                 A by-law of the Corporation of the City of Ottawa amending the Zoning By-law of the former Corporation of the City of Gloucester, being By-law No. 333 of 1999 – General Text Amendment.

 

2002-258                 A by-law of the City of Ottawa to amend By-law No. 2001-389, Planning Application  Fees.

 

2002-259                 A by-law of the City of Ottawa to designate 166 Glenn Avenue, Ottawa,  as being exempt from Part Lot Control.

 

2002-260                 A by-law of the City of Ottawa to amend Rural Zoning By-law No. 64 of 1982 of the former City of Cumberland  to lift a holding zone in respect of 1721 Old Montreal Road, Ottawa.

 

2002-261                 A by-law of the City of Ottawa amending By-law Number 275-80 of the old Corporation of the City of Ottawa regarding the Waller Mall.

 

2002-262                 A by-law of the City of Ottawa amending By-law Number 170 of 2000 of the old Corporation of the City of Gloucester to harmonize certain licensing provisions.

 

2002-263                 A by-law of the City of Ottawa amending By-law No. 44-81 of the old Corporation of the City of Kanata to establish hours of operation in the public parks.

 

2002-264                 A by-law of the City of Ottawa amending By-law No. 2001-41 respecting Emergency Planning and Responses.

 

2002-265                 A by-law to dedicate and lay out certain lands as common and public highways in the City of Ottawa (Edgar Brault Street).

 

2002-266                 A by-law to dedicate and lay out certain lands as common and public highways in the City of Ottawa (Auriga Drive).

 

2002-267                 A by-law of the City of Ottawa to stop up, close and authorize the sale of parts of  Bellevue Terrace, Baird Street and Metcalfe Square.

 

2002-268                 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 (Daoust Avenue).

 

2002-269                 A by-law of the City of Ottawa to amend By-law No. 2001-16. to appoint certain Municipal Law Enforcement Officers in the By-law Services Branch of the Department of Emergency and Protective Services.

 

2002-270                 A by-law to Amend the Development Charges By-law of the former Region.

 

2002-271                 A by-law of the City of Ottawa to amend Zoning By-law of the old Corporation of the City of Kanata for the purpose of changing the zoning in effect over part of Lot 31, Concession 10, of the former Township of Goulbourn, now in the City of Ottawa, in an area of the City referred to as the Kanata South Business Park.

 

2002-272                 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 and Zoning By-law 93 of 1998 of the old Corporation of the City of Ottawa - 2790 Baseline Road and 1362 Guthrie Street.

 

                                                                                                            CARRIED

 

 

MOTION NO. 36/34

 

Moved by Councillor P. McNeely

Seconded by Councillor J. Legendre

 

That Council move In Camera pursuant to Section 12. (1) (d) of the Procedure By-law on a matter respecting labour relations or employee negotiations.

 

                                                                                                            CARRIED

 

 

IN CAMERA SESSION

 

 

IN OPEN COUNCIL

 

 


Confirmation By-law

 

MOTION NO. 36/35

 

Moved by Councillor P. McNeely

Seconded by Councillor J. Legendre

 

THAT By-law 2002-273 to confirm the proceedings of Council be enacted and passed.

 

                                                                                                            CARRIED

 

Adjournment

 

Council adjourned the meeting at 6:25 p.m.

 

 

 

 

 

 

 

 

CITY CLERK

 

MAYOR