OTTAWA CITY COUNCIL
22 September 2004
ANDREW S. HAYDON HALL
1:30 p.m.
MINUTES 19
The Council of
the City of Ottawa met at Andrew S. Haydon Hall, 110 Laurier Avenue West,
Ottawa, on 22 September 2004 at 1:30 p.m.
The Mayor, Bob Chiarelli, presided and led Council in
prayer.
The National Anthem was sung by the Capital Lettermen.
Announcements/Ceremonial
Activities
Mayor
Chiarelli announced the official launch of the 2004 City of Ottawa United Way
Employee Campaign.
Roll Call
ALL MEMBERS WERE
PRESENT.
Confirmation of
Minutes
The Minutes of the regular Council meeting of 8 September 2004 were confirmed.
Declarations of Interest Arising from Prior Meetings of Council and Committees
See
specific agenda item for declaration (Emergency and Protective Services
Committee Report 7, Item 6).
Communications
The following Communications were received by City Council:
·
From the Environmental Advisory
Committee respecting assessment of the potential to land apply biosolids
generated at the Robert O. Pickard Environmental Centre.
·
Ottawa Community
Housing Corporation Action Plan re Shareholder Objectives and Direction
Regrets
No regrets were filed.
Motion to Introduce Committee Reports
MOTION NO. 19/1
Moved by Councillor G. Bédard
Seconded by Councillor P. Feltmate
That
Corporate Services and Economic Development Committee Report 15A, Emergency and
Protective Services Committee Report 7, Health, Recreation and Social Services
Committee Report 9 and Planning and Development Committee Reports 16 and 16A
(In
Camera), be received and
considered;
And that the Rules of
Procedure be suspended to receive and consider Corporate Services and Economic
Development Committee Report 16.
CARRIED
CORPORATE
SERVICES AND ECONOMIC DEVELOPMENT COMMITTEE REPORT 15A
|
1. PRE-AUTHORIZED TAX PAYMENT PLAN AMENDMENT |
Committee Recommendations
That Council:
a) Cancel the November and December 2004 Tax
Pre-Authorized payments;
b) Change the start date of the tax
pre-authorized payment plan to January of the year in which taxes are levied;
and
c) Reduce the number of payments to ten (10) from
the current twelve (12) month plan.
CARRIED on a division of 19 YEAS to 3 NAYS as follows:
Yeas (19): Councillors
J. Stavinga, G. Bédard, R. Chiarelli, G. Brooks, A. Cullen,
E. El-Chantiry, M. McRae, D. Thompson, J. Legendre, R. Bloess, P.
Hume, D. Holmes, C. Doucet, J. Harder, D. Deans, M. Bellemare, P. Feltmate,
H. Kreling and Mayor Chiarelli.
Nays (3): Councillors R. Jellett, S. Little and G. Hunter
|
2. SALE OF LAND – Blocks 118 and 119, Plan 4M-789, 487 TERRY
FOX DRIVE |
Committee Recommendations
That Council:
1. Declare a
243.3 m2 parcel of vacant land, being part of Blocks 118 and 119
Plan 4M-789, City of Ottawa, shown on the attached Annex “A”, as surplus to
City requirements;
2. Waive City policy regarding the sale of
property at market value, and approve the sale of the lands described in
Recommendation 1 to Signature Centre Limited for $1.00, plus GST, subject to
any easements that may be required, pursuant to an Agreement of Purchase and
Sale that has been received.
CARRIED
3. sale of land – iber road business park – Part of lot 13, plan
4M-658 |
Committee Recommendations
That Council:
1. Declare a parcel of land, approximately 3.0132
ha (7.45 ac) in area, described as being part of Lot 13, Registered Plan
4M-658, as surplus to the City's needs;
2. Approve the sale of the land, identified in
Recommendation 1, subject to any easements that may be required, to Colonnade
Development Incorporated In Trust, for the amount of $595,500.00, plus GST,
pursuant to an Agreement of Purchase and Sale that has been received.
CARRIED
|
4. ENCROACHMENT
FEES FOR FILM AND TELEVISION PRODUCTION IN OTTAWA |
Committee Recommendation
That Council amend the City of Ottawa's Encroachment Fee By-Law
2003-446, as outlined in this report, to establish fees specifically for film
and television production.
CARRIED
|
5. Public-Private Partnerships (P3) - |
Committee RecommendationS AS AMENDED
That Council:
1. Authorize the Deputy City Manager of Public
Works and Services to proceed to respond to the Unsolicited proposal submitted
by Black and McDonald Limited for the provision of streetlight maintenance in
accordance with the “Ottawa Option” process for the management of Unsolicited
proposals.
2.
Direct the Deputy City
Manager of Public Works and Services to report back to Committee and Council on
their recommendations under the “Ottawa Option”.
3. Provide direction on the application of the
savings in accordance with Option B:
Savings be applied to reduce future Operating Budget requirements of the
City.
MOTION NO. 19/2
Moved by Councillor R.
Jellett
Seconded by Councillor R. Bloess
BE IT RESOLVED that Council reject the staff proposal;
AND THAT staff proceed with an RFP to
provide the service with a minimum savings of 20% in 4 zones, East, West, South
and Central.
LOST on a division of 8 YEAS to 12 NAYS as follows:
Yeas (8): Councillors G. Brooks, R. Jellett, A. Cullen, D. Thompson, R. Bloess, G. Hunter, D. Holmes and C. Doucet.
Nays (12): Councillors J. Stavinga, G. Bédard, E. El-Chantiry, M. McRae, S. Little.
J. Legendre, P. Hume, J. Harder, M. Bellemare,
P. Feltmate, H. Kreling
and Mayor Chiarelli.
Corporate Services and Economic Development
Committee Report 15A, Item 5 was then put to Council and CARRIED with
Councillors A. Cullen, D. Holmes, R. Jellett, G. Brooks and D. Thompson
dissenting.
CORPORATE
SERVICES AND ECONOMIC DEVELOPMENT COMMITTEE REPORT 16
|
1. sale of land - 3169 conroy road - part 29 to 34, plan 4R-6741,
less Part 4, Plan 4r-14432 |
Committee Recommendation
That Council approve the sale of a parcel of land,
approximately 4.39 ha (10.85 acres) in area, described as being part of Lot 3,
Concession 5, R.F. geographic Township of Gloucester shown as Parts 29 to 34
Plan 4R-6741, save and except
Part 4, Plan 4R-14432, subject to any easements that
may be required, to Pineland Amusements Ltd., for the amount of $795,000 plus
GST, pursuant to an Agreement of Purchase and Sale that has been received.
CARRIED
EMERGENCY
AND PROTECTIVE SERVICES COMMITTEE REPORT 7
|
1. Taxi Licensing – Taxi Meter Rate increase |
COMMITTEE
RECOMMENDATION AS AMENDED
That
Council approve By-law amendments to reflect an approximate 7% taximeter
rate increase effective October 1st, 2004 as follows:
·
$2.85 for the drop rate
including the first 109 meters or part thereof from a $2.75 drop rate including
the first 109 meters or part thereof;
·
$0.15 for each 106
meters or part thereof;
· $0.15 for each 23 seconds of waiting time
MOTION NO. 19/3
Moved by Councillor D.
Deans
Seconded by Councillor E. El-Chantiry
WHEREAS, at
its meeting of September 9th, Emergency and Protective Services
Committee considered a staff report recommending a taxi meter rate increase;
AND WHEREAS,
the Committee heard delegations following which it proposed an approximate 7%
taxi meter rate increase as follows: $2.85 for the drop rate including the
first 109 meters or part thereof, $0.15 for each 106 meters or part thereof,
and $0.15 for each 23 seconds of waiting time, as suggested by the taxi union;
AND WHEREAS,
the Taxi Advisory Committee at its September 21st meeting voted in favour of 7%
increase;
AND WHEREAS,
staff noted that the Committee’s proposal will not achieve the desired 7%
increase;
THEREFORE BE
IT RESOLVED that a technical amendment be approved by Council to modify the
rate increase factors as follows: $2.85 for the drop rate including the first
101
meters or
part thereof, $0.15 for each 101 meters or part thereof, and $0.15 for each 23
seconds of waiting time.
CARRIED
Emergency and Protective Services Committee
Report 7, Item 1 was then put to Council and CARRIED as amended by Motion No.
19/3.
|
2.
LICENSING By-law – AMENDMENTS to require payment of additional
fees for costs incurred by the city attributable to activities of a licensed
business |
COMMITTEE
RECOMMENDATION AS AMENDED
That Council approve amendments to By-law 2002-189, as detailed
in Document 1, to require the payment by a licensed business of additional
fees for costs incurred by the municipality attributable to enforcement
activities at the business, in keeping with the provisions of the Municipal
Act, 2001.
MOTION NO. 19/4
Moved by Councillor G.
Bédard
Seconded by Councillor A. Cullen
BE IT RESOLVED that Emergency and Protective Services Committee Report 7,
Item 2 be referred back to the Emergency and Protective Services Committee for
further consultation and review with the business community and in particular
the Business Improvement Areas.
LOST on a division of 5 YEAS to 14 NAYS as follows:
Yeas (5): Councillor G. Bédard, A. Cullen, D. Thompson, G. Hunter and M. Bellemare.
Nays (14): Councillors J. Stavinga, G. Brooks, R.
Jellett, E. El-Chantiry, M. McRae,
S. Little, J. Legendre, R. Bloess, P. Hume, D. Holmes, J. Harder, D. Deans,
P. Feltmate and Mayor Chiarelli.
Emergency and Protective Services Committee Report 7, Item 2 was put to Council and CARRIED.
|
3. HOURS OF SALE OF
ALCOHOL DURING GREY CUP FESTIVITIES IN OTTAWA |
COMMITTEE
RECOMMENDATION
That
Council request that the Alcohol and Gaming Commission of Ontario grant all
bars and restaurants where alcohol is licensed to be served, permission to
remain open and to sell alcoholic beverages until 0300 (from 0200) November 17,
18, 19, 20 and 21, 2004.
MOTION NO. 19/5
Moved by Councillor D.
Deans
Seconded by Councillor E. El-Chantiry
WHEREAS, at
its meeting of September 21st, the Taxi Advisory Committee approved
the following motion on a 6 to 4 vote:
That the taxi zone pick-up restrictions be suspended for the period
of the Grey Cup
Celebrations from Thursday, November 18th to Sunday,
November 21st, 2004 inclusive.
AND WHEREAS,
the Grey Cup Celebrations are likely to attract a large number of participants
from all over the region and the rest of Canada, creating a high demand for
taxis;
THEREFORE BE
IT RESOLVED that Council approve that taxi cabs licensed by the City of Ottawa
be permitted to operate in all zones from 6:00 a.m. Thursday November 18th
to November 21st, 2004, inclusive.
CARRIED
Emergency and Protective Services Committee Report7, Item 3 was put to
Council and CARRIED as amended by Motion No. 19/5 with Councillor G. Hunter
dissenting.
|
4.
AMENDMENTS TO TRAFFIC AND PARKING BY-LAW |
COMMITTEE
RECOMMENDATION AS AMENDED
That Council
approve amendments to the Traffic and Parking By-law 2003-530, enforced by the
By-law Services Branch, as outlined in the Document 1, to provide
for regulations
on parking on parkland and that provision 2 of Document 1 be amended to add
“or except with the permission of the Director of designate”.
CARRIED
|
5.
MINOR
AMENDMENTS TO EXISTING BY-LAWS |
COMMITTEE RECOMMENDATION
That Council approve minor amendments to existing by-laws administered and enforced
by the By-law Services Branch, as outlined in the Document 1, that address
technical issues and clarifications.
CARRIED
|
6. BY-LAW HARMONIZATION - LICENSING - TOBACCO VENDORS |
COMMITTEE
RECOMMENDATIONS AS AMENDED
1. That Council
approve:
a) Amendments to Licensing By-law No.
2002-189, as detailed in Document 1, to establish harmonized regulations for
the licensing and regulation of Tobacco Vendors and that item
5 of Schedule 12 be amended by adding “or a property” after the word “building”
so that the line would now read “… is an outdoor property, a facility, a
building or a property leased or owned by the City of Ottawa”;
b) That the City write to the Provincial Government to seek
their support in increasing fines under the Tobacco Control Act to
ensure greater compliance of same; and
c) That the City of Ottawa communicate with Health Canada
requesting a report on the development of Tobacco Act regulations to
control retail promotions.
2. That Council consider the following:
That the City of
Ottawa communicate to the Ontario Minister of Health and Long Term Care its
support of a provincial law banning cigarette advertising and visible displays
of tobacco products in retail establishments and suggesting that action on this
initiative be taken as soon as practically possible.
DECLARATION OF INTEREST
Councillor
E. El-Chantiry declared an interest on this Item as he owns a business which
sells cigarettes.
Councillor
J. Harder declared an interest on this Item as her husband is the largest
tobacco and cigarette procurer in eastern Ontario.
Councillors E. El-Chantiry and
J. Harder did not
take part in the discussion or vote on this Item.
MOTION NO. 19/6
Moved by Councillor J.
Legendre
Seconded by Councillor D. Deans
BE IT RESOLVED that the City of Ottawa communicate to the Federal and
Ontario Ministers of Health and Long Term Care its support of a federal or provincial law
banning cigarette advertising and visible displays of tobacco products in
retail establishments and suggesting that action on this initiative be taken as
soon as practically possible.
CARRIED
Emergency and Protective Services
Committee Report 7, Item 6 was put to Council and was CARRIED as amended
by Motion No. 19/6 with Councillors D. Thompson, G. Hunter and G. Brooks dissenting.
.
HEALTH,
RECREATION AND SOCIAL SERVICES COMMITTEE REPORT 9
1. Community funding PROCESS
review |
COMMITTEE RECOMMENDATIONS
That Council:
1.
Approve the consultant phase 1 recommendations, as
outlined in this report, to be implemented as part of the 2005 budget process,
and
2.
Direct staff to report back with recommendations
respecting the consultant’s phase 2 proposals, as outlined in this report, in
anticipation of the 2006 budget process.
CARRIED with Councillor G. Hunter dissenting.
2. anglican diocese Funding
COMMITTEE
RECOMMENDATION
That Council receive
this report for information.
MOTION NO. 19/7
Moved by Councillor A.
Cullen
Seconded by Councillor G. Bédard
WHEREAS the
Anglican Diocese of Ottawa was requested by the City to maintain day programs
at Centre 454 and The Well for homeless and disadvantaged people on weekends
and holidays;
AND WHEREAS
this was done at the behest of the City;
AND WHEREAS during the
2004 budget process the Anglican Diocese clearly identified budget pressures
threatening the viability of the day programs it operates on behalf of the City
(Centre 454 and The Well/La Source);
AND WHEREAS these programs serve the most vulnerable in our
community (e.g. the homeless, extreme poor, mentally disabled, etc.);
AND WHEREAS during the 2004 budget process HRSS Committee directed
staff to review this matter and report to Committee and Council;
AND WHEREAS this matter is now before City Council;
THEREFORE BE IT RESOLVED that City Council allocate $98,000 from the
City-wide Reserve Fund to ensure the continuation of the programs operated by
the Anglican Diocese on behalf of the City of Ottawa (Centre 454, The Well/La
Source) for 2004;
AND that staff provide to Committee and Council a strategy regarding
the future of these programs, as part of the 2005 budget process.
CARRIED
Health, Recreation and Social Services Committee Report 9, Item 2 was
then put to Council and CARRIED as amended by Motion No. 19/7.
3. ADMINISTRATION OF PROVINCIAL ENERGY EMERGENCY FUND |
COMMITTEE RECOMMENDATIONS AS AMENDED
That Council:
1. Approve the disbursement of the funds to
eligible low income residents who are not in receipt of social assistance.
2. Approve that the EFA Branch be responsible for
the disbursement of Ottawa’s allotment of the 100%, one-time, provincial funds
to assist people facing energy emergencies.
3. Approve that the City of Ottawa
request the Government of Ontario to convert it’s Energy Emergency Fund from
one-time assistance to on-going funding status, in recognition of the pressure
placed on low-income families from rising energy costs in Ontario.
CARRIED
4. STRONG
COMMUNITIES RENT SUPPLEMENT PROGRAM |
COMMITTEE RECOMMENDATIONS AS
AMENDED
That Council:
1.
Authorize the Director of Housing, as the Service Manager’s
designated Administrator, to execute an acceptable Memorandum of Understanding
between the City of Ottawa and the Province of Ontario for assumption of the
Strong Communities Rent Supplement Program.
2.
Direct staff to maximize use of the program funding provided by the
Province and allocated for the City of Ottawa in accordance with the terms and
conditions of the Memorandum of Understanding.
3.
Request that the Minister of Municipal Affairs and Housing further
consider program adjustments that would better serve the principle of
maximizing use of available funding and in addition, address inherent funding
limitations of the Strong Communities Rent Supplement program in order to
ensure no decline in the number of social housing units funded by this program;
And
that this motion be circulated to area MPPs, the Association of Municipalities
of Ontario (AMO), the Ontario Non-Profit Housing Agency (ONPHA) and local
social housing providers.
CARRIED
COMMITTEE
RECOMMENDATIONS
That Council approve the following nominations to the Social Housing
Services Corporation Board:
Russell Mawby,
Director of Housing
Councillor Diane
Deans
CARRIED
PLANNING
AND ENVIRONMENT COMMITTEE REPORT 16
1. ZONING
- 2809 Carp Road |
COMMITTEE
RECOMMENDATION
That Council approve an
amendment to the former Township of West Carleton Zoning By-Law to change the
zoning of 2809 Carp Road from Rural Industrial Zone, MR-4 (x 5) to Rural
Industrial Zone, MR-4 (x 5) as detailed in Document 3.
CARRIED
2. ZONING - 375 MICHAEL COWPLAND DRIVE |
COMMITTEE
RECOMMENDATION
That
Council approve an amendment to the former City of Kanata Zoning By-Law No.
135-93 to change the zoning of 375 Michael Cowpland Drive from "Light
Industrial, Select" to "Light Industrial, Select - Exception" as
detailed in Document 3.
CARRIED
3. zoning - 361 monterEy
drive |
COMMITTEE
RECOMMENDATIONS
That
Council:
1. Approve an amendment to
the former City of Nepean Zoning By-Law to change the zoning of 361 Monterey
Drive from an Institutional (I zone) and Conservation (Con zone) to an
R5A- Residential Fifth Density A
exception zone and Conservation Zone as detailed in Document 3 and shown on
Document 1.
2.
That the implementing By-law not be forwarded
to City Council for enactment until such time as the related Site Plan Control
Application has been approved.
CARRIED
4. ZONING - 369 Island
Park Drive and 368-370 Piccadilly avenue |
COMMITTEE
RECOMMENDATION
That
Council approve an amendment to the former City of Ottawa Zoning By-Law (1998)
to change the zoning of 369 Island Park Drive and 368-370 Piccadilly Avenue
from "CN[489] H(18.0)" (Neighbourhood Linear Commercial, Exception
489) to "CN[909] H(18.0)" (Neighbourhood Linear Commercial, Exception
909) as detailed in Document 5.
CARRIED
5. ZONING- PROPOSED AMENDMENTS TO THE ZONING BY-LAW,
1998 (TECHNICAL ANOMALIES) |
COMMITTEE
RECOMMENDATION
That
Council approve the amendments to the former City of Ottawa Zoning By-law,
1998, as detailed in Document 1.
CARRIED
6. Appeal
- Committee of Adjustment - 3329 Joy's Road |
COMMITTEE
RECOMMENDATION
That Council approve the presence of staff
from the Corporate Services and Planning and Growth Management Departments at
the Ontario Municipal Board Hearing regarding the Committee of Adjustment
application for 3329 Joy's Road.
CARRIED with Councillors G. Hunter and J. Harder dissenting.
7. DEmolition Control - 115-117-119 O'Connor
StreeT |
COMMITTEE
RECOMMENDATION AS AMENDED
That
Council approve the demolition of the building at 115-117-119 O'Connor Street
subject to the following conditions:
1. That between the demolition of the
existing building and the time of construction of any replacement building, the
registered owner shall maintain the property as open space in accordance with a
landscape plan submitted to the satisfaction of the Director of Planning and
Infrastructure Approvals, subject to the following amendment:
That the land area equal to the building
footprint be landscaped open space.
2. Prior to the demolition of the
subject building, the Owner shall enter into an agreement with the City to
undertake the requirements of Condition 1 (above) by May 1, 2005 and submit
financial security in the amount of
$15,000 which will be held by the City until completion of the landscape
plan and associated site works.
MOTION NO. 19/8
Moved by Councillor D.
Holmes
Seconded by Councillor P. Feltmate
That
$10,000 per unit be provided for the Housing Reserve Fund in accordance with
the Demolition Control By-law.
CARRIED on a division of 10 YEAS to 9 NAYS as
follows:
Yeas (10): Councillors
J. Stavinga, G. Brooks, R. Jellett, A. Cullen, M. McRae,
D. Thompson, J. Legendre, D. Holmes, C. Doucet and P. Feltmate.
Nays (9): Councillors
G. Bédard, R. Chiarelli, E. El-Chantiry, R. Bloess, P. Hume,
G. Hunter, M. Bellemare, H. Kreling and Mayor Chiarelli.
MOTION NO. 19/9
Moved by Councillor E.
El-Chantiry
Seconded by Councillor R. Jellett
That Motion No. 19/8 be reconsidered at the next
regular City Council meeting.
Notice of Reconsideration was CARRIED pursuant to Subsection 61. (4) of
Procedure
By-law 2003-589 on
a division of 8 YEAS to 12 NAYS as follows:
Yeas (8): Councillors
R. Jellett, E. El-Chantiry, M. McRae, R. Bloess, G. Hunter,
J. Harder, H. Kreling and Mayor Chiarelli.
Nays (12): Councillors
J. Stavinga, G. Bédard, R. Chiarelli, G. Brooks, A. Cullen,
D. Thompson, J. Legendre, P. Hume, D. Holmes, C. Doucet, M. Bellemare
and P. Feltmate.
8. DOWNTOWN DESIGN REVIEW PILOT PROJECT |
COMMITTEE
RECOMMENDATIONS AS AMENDED
That Council:
1. Establish a Downtown
Design Review Pilot Project utilizing the authority provided by the former City
of Ottawa Act RSO 1959, to require Design Review and Approval as part of
the Site Plan Approval process for all new development and for additions to
existing development within the area as shown on Document 1 that is included
within the Council Approved Downtown Ottawa Urban Design Strategy by:
a. Adopting Document 2 as
a policy framework for the Downtown Design Review Pilot Project.
b. Enacting a By-law
pursuant to the provisions of the former City of Ottawa Act RSO 1959 as
set out in Document 3.
c.
Approving
and Adopting an Amendment to the City of Ottawa Official Plan as set out in
Document 4.
2. Approve the
integration of the Downtown Design Review Pilot Project into the current
Development Review Process utilizing a Peer Design Review Panel as detailed in
Document 5, subject to the following amendment:
That one architect position
on the Design Review Panel be drawn from architects specializing in
environmental design
3. Endorse the Design
Review Considerations set out in Document 6 for the Downtown Design Review
Pilot Project.
4. Approve the Terms of
Reference detailed in Document 7 for the Peer Design Review Panel.
5. Direct staff to
request the Ontario Association of Architects and the Ontario Association of
Landscape Architects to assist in establishing a Peer Design Review Panel
comprising 10 design professionals (seven architects and three landscape
architects) for the Downtown Design Review Pilot Project and that staff bring
forward a report to have Council appoint the Peer Design Review Panel (as
amended in 2. above).
6. Launch the Downtown
Design Review Pilot Project when:
a. A Monitoring Program
in accordance with the Principles set out in Document 8 has been developed by
staff in consultation with the Peer Design Review Panel and that the Monitoring
Program be established by November 30, 2004; and
b. The Department's
development approval processes has been modified to incorporate the design
review and approval process detailed in Document 5 for the processing of
development applications within the Downtown Design Review Pilot Project area
shown in Document 1 and that the modifications to the review processes and
necessary staff training be completed by December 31, 2004.
7.
That
the term “Design Review” be replaced by “Urban Design Review”.
8.
That
City projects (including the redevelopment of streets, sidewalks,
intersections, lighting, traffic signals and signage, hard and soft
landscaping, furniture, bus shelters, and below grade utilities which may
affect or allow the growth of street trees) within the study area be subject to
this pilot project.
9.
That
staff be directed to include the 4 elements noted below to be referred to the
Ottawa By Design Initiative:
a.
That
staff be directed to appoint an internal urban design champion to
evaluate and coordinate all related municipal activities to ensure that urban
design goals are being actively considered incorporated across all departments;
and,
b.
That
staff be directed to incorporate the use of quality-based selection (QBS)
and the recognition of design excellence into the selection and
evaluation criteria in City initiated requests for proposals; and,
c.
That
urban design excellence be recognized on an ongoing and public basis through
the initiation of an urban design awards program; and,
d.
That
streetscape funding be allocated and incorporated into municipal
transportation, transit and infrastructure projects.
CARRIED with
Councillor G. Hunter dissenting.
9. APPEAL 27 - FERNBANK ROAD REALIGNMENT AT
EAGLESON ROAD |
COMMITTEE
RECOMMENDATIONS
That Council:
1. Support
the deletion of the Fernbank Road realignment from Schedule E of the City of
Ottawa Official Plan;
2. Direct
staff to communicate this position to the Ontario Municipal Board during the
teleconference scheduled for September 30, 2004;
3. Support the re-phasing of the Terry Fox
Drive extension from Fernbank Road to Hope Side Road, from Phase 3 (by 2021) to
Phase 2 (by 2013) in the Transportation Master Plan.
CARRIED
10. SIGN
BY-LAW MINOR VARIANCE - 370 West Hunt club road |
COMMITTEE
RECOMMENDATION
That
Council approve a Minor Variance to Signs By-law 2-99, of the former City of
Nepean, to permit and legalize an existing identification ground sign with a
height of 10 metres instead of the maximum height of 6 metres and with an area
of 15 square metres instead of the maximum area of 14 square metres.
CARRIED
11. SIGN
BY-LAW MINOR VARIANCE - 500 Terry Fox road |
COMMITTEE
RECOMMENDATION
That Council approve a Minor Variance to
Signs By-law 66-98, of the former City of Kanata, to allow four wall signs that
project 0.6 metres above the roofline of a gas bar canopy.
CARRIED
12. SEWER
USE BY-LAW ADMINISTRATION POLICY |
COMMITTEE
RECOMMENDATIONS
That Council approve:
1. The Sewer Use By-law
Administration Policy as described in this report and direct staff to implement
the Policy in accordance with the principles and processes outlined therein;
and
2. The delegation of authority to the Deputy City
Manager of Public Works and Services to amend the Sewer Use By-law
Administration Policy to address minor or administrative matters from time to
time as required.
CARRIED
with Councillor P. Hume dissenting.
13. An
Assessment of the Potential to Land Apply Biosolids GENERATED AT THE ROBERT O. PICKARD ENVIRONMENTAL CENTRE |
COMMITTEE
RECOMMENDATION
That
Council, in accordance with the recommendations of the Biosolids Management
Plan Update (December 2001) and the findings of the Medical Officer
of Health (April 2002), authorize land application of the City of Ottawa’s
municipal biosolids in accordance with Option 2 presented herein, to commence
January 2005.
MOTION NO. 19/10
Moved by Councillor G.
Brooks
Seconded by Councillor P. Hume
That the question be now put.
LOST on a division of 9 YEAS to 11 NAYS as follows:
Yeas (9): Councillors R. Chiarelli, G. Brooks, E.
El-Chantiry, M. McRae, S. Little,
R. Bloess, P. Hume, J. Harder and Mayor Chiarelli.
Nays (11): Councillors J. Stavinga, R. Jellett, A. Cullen, D. Thompson, J. Legendre,
G. Hunter, C. Doucet, D. Deans, M. Bellemare, P. Feltmate and H. Kreling.
MOTION NO. 19/11
Moved by Councillor E.
El-Chantiry
Seconded by Councillor R. Chiarelli
WHEREAS the Biosolids Land Application Program recommended by staff
allows for implementation of an environmental management system;
AND WHEREAS as part of implementing the environmental
management system, an annual third-party audit of the performance of the
Biosolids Land Application Program will be required;
AND WHEREAS the Biosolids Land Application Program recommended by staff
allows for any health complaints to be investigated by the Medical Officer of
Health;
BE IT THEREFORE RESOLVED that staff be directed to bring forward a copy
of the audit report and, if necessary, a report from staff addressing any
issues raised by the audit report to the Planning and Environment Committee and
the Environmental Advisory Committee on an annual basis.
CARRIED
Item 13 of Planning and Environment
Committee Report 16 was put to Council and CARRIED on a division of 16
YEAS to 6 NAYS as follows:
Yeas (16): Councillors J.
Stavinga, G. Bédard, R. Chiarelli, R. Jellett, E. El-Chantiry, M. McRae, S.
Little, J. Legendre, R. Bloess. P. Hume, G. Hunter, D.
Holmes, J. Harder, P. Feltmate, H. Kreling and Mayor Chiarelli.
Nays (6): Councillors G. Brooks A. Cullen, D. Thompson,
C. Doucet, D. Deans
and M. Bellemare.
14. FORMER CITY OF NEPEAN URBAN AREA ZONING
BY-LAW - ROOMING HOUSES / INTERIM CONTROL BY-LAW FOR PLAN M-115 |
COMMITTEE
RECOMMENDATION
That Council approve:
1.
The
Planning and Growth Management Department be directed to conduct a study with
respect to the urban area of the former City of Nepean to determine the
appropriate locations and zoning standards for rooming houses;
2.
The City
of Ottawa enact an Interim Control By-Law for Plan M-115 in the form attached
as Document 1 to this report.
MOTION NO. 19/12
Moved by Councillor R. Chiarelli
Seconded by Councillor G. Hunter
That City Council resolve In Camera
respecting Subsection 13. (1) (f) ‘the receiving of advice that is subject to
solicitor-client privilege’ of Procedure By-law 2003-589.
CARRIED
IN CAMERA SESSION
IN OPEN COUNCIL
MOTION NO. 19/13
Moved by Councillor R.
Chiarelli
Seconded by Councillor: G. Hunter
BE IT
RESOLVED that the second recommendation of Planning and Environment Committee Report
16, Item 15 be deleted and replaced with the following:
The
City of Ottawa enact an Interim Control By-law for the lands shown as shaded on
Attachment “1” to this motion.
Document
“1”
Item 14 of Planning and Environment Committee Report 16 was then put to
Council and CARRIED as amended by Motion No. 19/13.
PLANNING
AND ENVIRONMENT COMMITTEE REPORT 16A
MOTION NO. 19/14
Moved by Councillor R. Chiarelli
Seconded by Councillor P. Feltmate
That City Council resolve In Camera
respecting Subsection 13. (1) (f) ‘the receiving of advice that is subject to
solicitor-client privilege’ of Procedure By-law 2003-589.
CARRIED
IN CAMERA SESSION
IN OPEN COUNCIL
Motion
to Adopt Committee Reports
MOTION NO. 19/15
Moved by Councillor G. Bédard
Seconded by Councillor P. Feltmate
That
Corporate Services and Economic Development Committee Reports 15A and 16,
Emergency and Protective Services Committee Report 7, Health, Recreation and
Social Services Committee Report 9 and Planning and Development Committee Reports
16 and 16A (In Camera), be received and
adopted as amended.
CARRIED
Motions
of Which Notice Has Been Given Previously
MOTION NO. 19/16
Moved by Councillor G.
Brooks
Seconded by Councillor R. Jellett
The
Ontario government has enacted a new drinking water regulation under the Safe
Drinking Water Act, 2002. Effective June 1, 2003, the Drinking water
Systems Regulation (O. Reg. 170/03) replaced the Drinking Water Protection
Regulation (O. Reg. 459/00 and 505/01).
Implementation
of Regulation 170 was deferred to December 31st, 2004.
Thus,
WHEREAS
the intent of provincial Reg. 170 is to provide clean safe drinking water to
all Ontario residents;
AND WHEREAS
the costs associated with implementing Reg. 170 will create an additional
financial burden to all Ontario municipalities;
AND WHEREAS
the rural businesses and community facilities on private services are required
to comply with the regulation at considerable costs – engineering design,
equipment installation and testing as prescribed in regulation;
THEREFORE BE
IT RESOLVED that the City of Ottawa requests the Province to extend the
implementation date. Further, that the Provincial Minister’s representative(s)
work with the City so as to develop a less onerous, but effective regulation.
And that this be done in concert with our Medical Officer of Health.
CARRIED
MOTION NO. 19/17
Moved by Councillor R.
Jellett
Seconded by Councillor J. Stavinga
WHEREAS ‘Volunteer Fire
Fighter’ means a fire fighter who provides fire protection services either
voluntarily or for a nominal consideration, honorarium, training or activity
allowance;
AND WHEREAS the City of Ottawa is losing
experienced volunteer/part time fire fighters in the rural areas because the
fire fighters union will not allow full-time fire fighters to volunteer within
the same municipality they work in (double-hatters);
AND WHEREAS the Ministry of Community Safety and
Correctional Services reviewed the impact on fire protection service delivery
due to the reduction of available volunteer fire fighters as a result of the
removal of ‘two hatters’ from the City of Ottawa Fire Services;
AND WHEREAS, in March of
2004, the Ontario’s Community Safety Minister Monte Kwinter said he would
introduce legislation to solve the crisis if the fire fighters union refused
mediation and the Minister is now stating that it is up to the municipalities
to solve the crisis through the collective bargaining process;
AND WHEREAS the Labour Relations Act provides that
each union represent all of the employees within bargaining units for which the
union is certified, fairly, in a non-arbitrary manner, and also prohibits
actions by unions against employees for taking positions contrary to the union
interest;
And WHEREAS, the Fire Protection and
Prevention Act is silent on the issue of individual protection;
AND WHEREAS Provincial inaction is costing communities valuable
volunteer fire fighters on a daily basis;
BE IT
RESOLVED THAT the Premier be requested to take immediate action to protect the
rights of individual fire fighters by enacting legislation to protect emergency
volunteer workers without further delay.
CARRIED
MOTION NO. 19/18
Moved by Councillor P.
Hume
Seconded by Councillor J. Stavinga
WHEREAS on June 24, 2004 Ontario’s
Environment Minister Leona Dombrowksy announced the establishment of an
advisory panel to recommend ways of improving the province’s environmental
assessment process;
AND WHEREAS in the Environmental Assessment
Process Traffic Calming is identified as a Schedule B activity if the cost of
the works is less than 1.5 million dollars and a Schedule C activity if the
cost of the works is greater than 1.5 million dollars;
AND WHEREAS the requirement to conduct
Schedule B and C Environmental Assessments is extremely onerous and costly making
the required studies cost, in some cases, as much as the recommended
improvements;
AND WHEREAS the current requirement
(Schedule B and C Environmental Assessments) applies to both the installation
and removal of Traffic Calming Improvements which limits the ability to use
cost effective temporary traffic calming measures;
AND WHEREAS the very purpose of traffic
calming is to reduce the impact of vehicular traffic on the communities through
which the traffic is flowing and therefore the installation of traffic calming
thus by definition reduces the environmental impact of vehicular traffic;
THEREFORE
BE IT RESOLVED that the Mayor, on behalf of City Council, write to the Minister
of the Environment Leona Dombrowsky and the Chair of the Minister’s Advisory
Panel on Environmental Assessment recommending that the panel take the
necessary steps to ensure that Traffic Calming be considered to be a Schedule A
(pre-approved) activity;
AND FURTHER BE IT RESOLVED that Council
direct our representative on the Board of the Association of Municipalities of
Ontario to bring this resolution to the next Board meeting and seek AMO
endorsement of Council’s position;
AND FURTHER BE IT RESOLVED that Council request that the Mayor bring this resolution to the next meeting of the Large Urban Mayor’s Caucus of Ontario and seek a LUMCO resolution supporting Council’s position.
CARRIED
Motions
Requiring Suspension of the Rules of Procedure
MOTION NO. 19/19
Moved by Councillor G. Bédard
Seconded by Councillor A. Cullen
THAT the
Rules of Procedure be waived to consider and approve the following Motion:
WHEREAS the Ottawa
Withdrawal Management Centre, formerly the Ottawa Detoxification Centre, is a
20 bed facility that offers withdrawal management services to men and women
over the age of 16, who are in an acute state of intoxication or withdrawal
from alcohol and/or drugs;
WHEREAS the Centre also
provides crisis services and counselling for clients who are fearful or at of risk
of relapse;
WHEREAS the Centre presently has 2,800
admissions over the last year and an additional 1,100 refusals due to operating
at full capacity;
WHEREAS the
Centre is presently scheduled to close October 1, 2004 because of a lack of
proper funding from the province resulting from a 12 year freeze, and due to
the Sisters of Charity of Ottawa Health Service no longer being an acute care
hospital;
WHEREAS if this service
closes, there will be an impact on the emergency hospital system and emergency
shelter system, as many users of the service are homeless and it is therefore
possible that there will be homeless men and women in the community that will
end up in jail or on the street rather than in a safe withdrawal management
service;
WHEREAS the
funding agency for the Centre is the Addictions and Mental Health Branch of the
Ontario Ministry of Health and Long Term Care;
WHEREAS the
Centre must be sponsored by an acute care Hospital;
AND WHEREAS a
capital proposal from the Montfort Hospital is presently awaiting response and
solution from the Ministry of Health and Long Term Care for sponsorship of the
Centre by the Montfort Hospital, but there has not yet been a decision or an
official response to the capital proposal;
And Whereas on 16
September 2004, the Health, Recreation and Social Services Committee approved
that the Premier and the Minister of Health and Long Term Care be requested to
expedite the negotiating and funding process with Hôpital Montfort to ensure
continuity of this essential service
THEREFORE BE IT RESOLVED that City Council
request that the Premier and the Minister of Health and Long Term Care, the
Honourable George Smitherman, take immediate action to ensure that the Ottawa
Withdrawal Centre does not close on October 1st,
2004, and that the need for a long term solution be addressed immediately.
CARRIED
MOTION NO. 19/20
Moved by Councillor P. Feltmate
Seconded by Councillor J. Stavinga
THAT
the Rules of Procedure be suspended to consider and approve the following
Motion:
WHEREAS
certain residences in the municipality suffered significant water damage as a
result of the record rainfall event of September 9, 2004;
AND WHEREAS Council
is of the view that the residents of the homes affected should receive some
assistance from the municipality without regard to any issue of liability;
THEREFORE BE IT RESOLVED that Council approve:
1.
THAT the
sewer surcharge on residents’ next water bill be waived for those whose homes
were flooded as a result of the record rainfall of September 9, 2004; and
2.
FURTHER THAT city
staff automatically waive the surcharge for those addresses already on record
with the city (Utility Services or Claims Management) as having been flooded
and that the surcharge be waived for further residents upon presentation of
evidence of flooding, for example copy of insurance claim.
CARRIED
By-laws Three
Readings
MOTION
NO. 19/21
Moved by Councillor G. Bédard
Seconded by Councillor P. Feltmate
That the following by-laws
be enacted and passed:
2004-420 A by-law of the City of Ottawa to amend By-law Number 36-2000 of the old Corporation of the City of Ottawa respecting Bank Street - Old Ottawa South District.
2004-421 A by-law of the City of Ottawa to close the untravelled portion of Triole Street lying north of the Canadian National Railway on Plan 63, City of Ottawa.
2004-422 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 (Valin Street).
2004-423 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 (Scala Avenue).
2004-424 A by-law of the City of Ottawa to designate 99 Golflinks Drive, as being exempt from Part Lot Control.
2004-425 A by-law of the City of Ottawa to designate 5810 Jeanne d’Arc Boulevard South, as being exempt from Part Lot Control.
2004-426 A by-law of the City of Ottawa to designate certain lands on Red Spruce Street, as being exempt from Part Lot Control.
2004-427 A by-law of the City of Ottawa to designate certain lands on Jeanne d'Arc Boulevard South, as being exempt from Part Lot Control.
2004-428 A by-law of the City of Ottawa to repeal By-law 84/77, the Zoning By-law of the former Corporation of the Township of Rideau, and to enact a new by-law to regulate the use of all land, and the density, size, location and use of all buildings within the territory of the former Township of Rideau.
2004-429
A by-law of the City of Ottawa to repeal By-law 2004-407, and to
amend the Zoning By-law being
By-law Number 266 of 1981 of the former Township of West Carleton for the
purpose of changing the zoning in effect over 5532 Ferry Road.
2004-430 A by-law of the City of Ottawa to amend By-law No. 266 of 1981 of the former Township of West Carleton to change the zoning for the property known municipally as 2809 Carp Road.
2004-431
A by-law of the City of Ottawa to amend Zoning By-law, 1998, being
By-law Number 93-98 of the former City of Ottawa for the purpose of changing
the zoning in effect over 369 Island Park Road, and 368-370 Piccadilly Avenue.
2004-432 A by-law of the City of Ottawa to repeal By-law No. 2004-401 and to amend By-law No. 333 of 1999 of the former City of Gloucester to change the zoning for the property known municipally as 3600 Uplands Drive.
2004-433
A by-law of the City of Ottawa to amend By-law Number 135-93 of the former City of Kanata for the purpose of
changing the zoning on the property known as 375 Michael Cowpland Drive.
2004-434 A by-law of the City of Ottawa to amend By-law No. 2004-60 to appoint Municipal Law Enforcement Officers in accordance with private property parking enforcement.
2004-435 A by-law of the City of Ottawa to amend By-law No. 2001-208 to appoint certain Municipal Law Enforcement Officers with respect to parking infractions on City Streets and City Property.
2004-436 A by-law of the City of Ottawa to amend Zoning By-law, 1998, being By-law Number 93-98 of the former City of Ottawa, for the purpose of changing the zoning in effect over 770 Brookfield Road and to repeal By-law No. 2004-364.
2004-437 A by-law of the City of Ottawa to extend the designation of 1-55 Alameda Way as being exempt from Part Lot Control.
2004-438 A by-law of the City of Ottawa to provide for municipal housing project facilities at 750 March Road.
2004-439
A by-law of the City of Ottawa to impose interim
control in respect of certain lands in the former City
of Nepean.
Seconded
by Councillor P. Feltmate
THAT By-law 2004 –
440 confirm the proceedings of Council be enacted and passed.
The following inquiry was raised:
Council adjourned the meeting at 6:56 p.m. with the
following Members of Council present:
Councillors J. Stavinga, G. Bédard, R. Chiarelli, G.
Brooks, R. Jellett, A. Cullen,
E. El-Chantiry, M. McRae, S. Little, D. Thompson, R.
Bloess, G. Hunter, D. Holmes,
J. Harder, D. Deans, P. Feltmate, H. Kreling and Mayor Chiarelli.