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) - STREETLIGHT MAINTENANCE SERVICE PROVISION 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 5. NOMINATIONS TO SOCIAL HOUSING SERVICES CORPORATION (SHSC) BOARD 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. CARRIED Confirmation By-law MOTION NO. 19/22 Moved by Councillor G. Bédard Seconded by Councillor P. Feltmate THAT By-law 2004 - 440 confirm the proceedings of Council be enacted and passed. CARRIED Inquiries The following inquiry was raised: From Councillor J. Harder to the Deputy City Manager of Public Works and Services respecting elimination of snow dump privileges for private contractors. Adjournment 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. CITY CLERK MAYOR 31 OTTAWA CITY COUNCIL MINUTES 19 22 SEPTEMBER 2004