14 June 2006
9:00 a.m.
MINUTES 60
The Council of the City of Ottawa met at Andrew S. Haydon Hall, 110 Laurier Avenue West, Ottawa, on 14 June 2006 at 9:00 a.m.
The Mayor,
Bob Chiarelli, presided and led Council in prayer.
The National Anthem was performed by Tracey Stabback.
Roll Call
ALL MEMBERS WERE PRESENT EXCEPT COUNCILLOR J. LEGENDRE.
Confirmation of Minutes
The
Minutes of the regular Council
meeting of 24 May 2006 were
confirmed.
Declarations
of pecuniary interest including those originally arising from prior meetings
No Declarations were filed.
Communications
The
following Communications were received:
·
AMO Alerts
· Your Support for the AMO Position on Household Hazardous Waste/
Household Special Waste Position Paper
· AMO Supports McGuinty’s Fiscal Imbalance Efforts
· Ministry of the Environment Improves Drinking Water Regulation 170
· From Environmental Advisory Committee with respect to the “Creation of a Scent Free Environment”.
Regrets
The following member of Council advised that he would be absent from the Council meeting on the date indicated:
Councillor
J. Legendre 14
June 2006
Postponements and Deferrals
PLANNING AND ENVIRONMENT COMMITTEE REPORT 48A
7. sTREET
NAME CHANGE - CALEDON PLACe |
Committee recommendation
That Council
enact a by-law to change the name of Caledon Place between Industrial Avenue
and Terminal Avenue to "Sandford Fleming Avenue".
Moved by Councillor J. Legendre
Seconded by Councillor M. McRae
That Item 7 of Planning and Development Committee
Report No. 48A be DEFERRED to the next regular meeting of Council.
DEFERRAL
CARRIED
Item 7 of Planning and Environment Committee Report
48A was put to Council and CARRIED.
Motion to Introduce Reports
Moved by
Councillor M. McRae
Seconded by Councillor J. Harder
That the City Manager’s report entitled ‘North-South Corridor Light Rail Transit Project Contract Award for
Design, Construction and 15-Year maintenance’ be tabled;
And that Agriculture and Rural Affairs
Committee Reports 23 and 24, Corporate Services and Economic Development
Committee Report 49, Emergency and Protective Services Committee Report 20,
Health, Recreation and Social Services Committee Report 34, Planning and
Environment Committee Report 49A and Transportation Committee Reports 35 and 36
be received and considered.
CARRIED
CITY
MANAGER
1.
NORTH-SOUTH
CORRIDOR LIGHT RAIL TRANSIT PROJECT CONTRACT AWARD FOR DESIGN, CONSTRUCTION AND
15-YEAR MAINTENANCE
REPORT
RECOMMENDATIONS
That City Council approve:
1. The contract for the design, construction, and 15 year
maintenance of City Council’s priority North-South Light Rail Transit (LRT)
Project, which sets a fixed price for the delivery of the Project on a fixed
date and provides for an effective 15-year full warranty on the civil,
electrical and mechanical components of the system, including the vehicles:
a. be
awarded to an entity, otherwise known as a Special Purpose Corporation (SPC),
to be incorporated by the Siemens-PCL/Dufferin Team, for $654.2 million for the
design and construction of the Project as described in the report; and
b. that the City Manager or the Director,
Economic Development and Strategic Projects be authorized to negotiate,
approve, and execute all necessary agreements with the University of Ottawa for
the extension of the Project on to the University of Ottawa campus, generally
in accordance with the Memorandum of Understanding executed between the City
and the University of Ottawa (Document 2); and
c. that
the City Manager or the Director, Economic Development and Strategic Projects
be authorized to finalize, approve, and execute all agreements related to the
transfer of air rights and the construction of an LRT station with Carleton
University, generally in accordance with the Memorandum of Understanding
executed between the City and Carleton University (Document 3);
d. that
the contract be awarded to an entity, otherwise known as a Special Purpose
Corporation (SPC), to be incorporated by the Siemens-PCL/Dufferin Team, for
$220,500,312, which represents the Net Present Value, for the 15-year
maintenance of the system and Maintenance Centre and equipment capital lease as
described in the report;
e. that
the City Manager or the City Treasurer be authorized to negotiate, approve and
execute all necessary agreements to enter into a lease-lease back for the
Maintenance Facility/Equipment over a fifteen year period commencing from expected
completion in December 2009;
f. that,
in order to co-ordinate with other already scheduled City projects so as to
minimize public inconvenience and construction times, reduce costs and take
advantage of the ability to integrate the project under one contract, the
Siemens-PCL/Dufferin Team, through the SPC, also undertake the road, sewer,
water, bridge infrastructure improvements described in this report including an
additional $35.4 million for the design and construction of the Strandherd-Armstrong
Bridge and related roadworks and an additional $13 million for the design and
construction of the complementary water and sewer works;
g. that
the City Manager or Director, Economic Development and Strategic Projects be
authorized to finalize all negotiations with the Siemens-PCL/Dufferin Team and
the SPC according to the provisions outlined in this report, and to approve all
necessary documents and agreements related to this contract award, and that the
Mayor and City Clerk be authorized to execute these agreements;
h. that
the services of an Independent Engineer be retained to provide independent
validation of the Project components as well as on-going LRT project auditing,
in accordance with agreements made with the Government of Canada and Province
of Ontario, and that the Director, Economic Development and Strategic Projects
or the Manager, Light Rail Implementation Division be authorized to negotiate,
approve and execute all necessary agreements with the Independent Engineer;
i. that
the Director, Transit Services or the Director, Economic Development and
Strategic Projects be authorized to negotiate, approve, and execute all
necessary agreements related to the delegation of authority under Bill C-11 to
construct and operate the LRT system;
j. that
the Security Deposits of $2,550,000 be returned and that the Honorarium of $1.0
million be paid to each of the two unsuccessful Proponents. Payment of the Honorarium gives the City the
right to any design ideas and innovations to further enhance the preliminary
designs prepared by the Siemens-PCL/Dufferin Team;
2. The design and
construction of the extension of the North-South LRT Project from Woodroffe
Avenue to Barrhaven Town Centre be included as part of the North-South LRT
Project for an additional amount of $24 million, in order to take advantage of
the significant cost savings associated with advancing the project at this time
and the funding available from the Provincial Transportation Grant, so that
a. $12.4 million of the
$32.9 million Provincial Transportation Grant be allocated to the Barrhaven
Town Centre Extension to the priority North - South LRT Project, and the
residual funding authority required be approved as identified in this report;
b. The disposition of
the remainder of the Provincial Transportation Grant received from the 2006
Ontario Provincial Budget be allocated to priority Transportation Master Plan
initiatives for the west, east and rural parts of the City as follows:
i. $15.5 million for
the completion of the West Transitway from Bayshore Station to Pinecrest Road,
and the residual funding authority required be approved as identified in this
report and that staff be directed to proceed with the construction of the West
Transitway from Bayshore Station to Pinecrest Road;
ii. $3 million for the
remediation of traffic congestion at the Highway 417/174 split, and the
residual funding authority required be approved as identified in this report,
and staff be directed to proceed with the design and construction for the improvements
for the Highway 417/174 split;
iii. $2 million for
rural road network improvements, and that staff be directed to proceed with the
next priority rural road network improvements.
3. To allow the City to
move forward with initiatives that will add to the City’s capacity to leverage
the outcomes of the North-South LRT Project and those which are needed to
effect a smooth transition from the current operation of the O-Train to the
North-South LRT project, specifically
a. staff be directed to
establish a tool to track the increases in property value within 600 meters of
a LRT station at the time of any amendments to the zoning by-law that provide
for increased development potential due to the LRT project, and that staff
report back to Council every two years on that “value uplift”;
b. staff be directed to
continue to investigate opportunities to market, joint venture or enter into
public-private partnerships for city-owned properties along the North-South LRT
corridor, to continue to undertake public planning processes and review
development applications in a manner that promotes transit-oriented development
at LRT stations, paying particular attention to the Barrhaven and Riverside
South Town Centres, and to ensure that LRT stations are constructed so that
they facilitate the integration of future development;
c. the operations of
the current O-Train be discontinued by May 2007, and that the Transit Services
Branch consult with the public on the replacement transit service to be
provided until the commissioning of the Project in 2009.
4. In order to meet the
North-South LRT Project’s funding requirements:
a. The City Manager or
the Director, Economic Development and Strategic Projects or the City Treasurer
be authorized to finalize and approve a Contribution Agreement with the
Government of Canada and Province of Ontario on Project funding, in accordance
with the Memorandum of Understanding executed between the Government of Canada,
Province of Ontario, and the City in April 2005, and that the Mayor be
authorized to execute this agreement (Document 4);
b. The City Manager or
City Treasurer be authorized to finalize negotiations, approve, and execute all
necessary agreements with the Province of Ontario for its share of funding for
the Project, at no cost to the City;
c. Staff be directed to
immediately initiate the disposal process of the three existing O-Train
vehicles following the discontinuance of service;
d. Additional capital
authority of $10 million required for project management of the total Project
be approved in 2006, as outlined in this report; and further that the estimated
$6 million required to run the Project Office be included as part of the budget
in each year of the construction period (2007-2010).
5. That the contract
award and, where applicable, all agreements are subject to final negotiations
with the Siemens-PCL/Dufferin team, approval of the Environmental Assessment
(EA) amendment for the extension to Ottawa University, execution of legal
agreements with University of Ottawa, and the execution of a Contribution
Agreement on funding between the Government of Canada, Province of Ontario, and
the City.
6. That the Director,
Economic Development and Strategic Projects provide quarterly information
reports to the Corporate Services and Economic Development Committee on the
progress of the North-South LRT project, and the Manager, Light Rail
Implementation be designated as the primary liaison with members of City
Council for the Project.
TABLED
AGRICULTURE
AND RURAL AFFAIRS COMMITTEE REPORT 23
1. ZONING - 6155 ROCKDALE ROAD |
That Council approve an
amendment to the former Cumberland Rural Zoning By-Law to change the zoning of
a portion of 6155 Rockdale Road from Highway
Commercial (HC) to Highway
Commercial - Exception x (HC - x), as shown in Document 1 and as detailed in
Document 2, as amended by the following:
That
restriction 3 be deleted from Document 2.
CARRIED
2. ZONING - 1171 AND
1175 RIVER ROAD |
COMMITTEE
RECOMMENDATION
That Council approve an amendment to the former
Township of Osgoode Zoning By-law to change the zoning of 1171 and 1175 River
Road from Ru (Rural) to Ru [x] (Rural, exception) as
shown in Document 1 and detailed in Document 2.
CARRIED
3. ZONING - 6100 GOUGH ROAD, 6116 GOUGH ROAD |
COMMITTEE
RECOMMENDATION
That Council approve an amendment to the former Township of Osgoode Zoning By-law to change the zoning of 6100 and Part of 6116 Gough Road from Country Estate Zone - CE and Rural Exception Zone 175 - RU (175), respectively, to Country Estate Exception (XX) Zone - CE (XX), and to change the zoning of Part of
6116 Gough Road from Rural Exception 175 Zone - RU (175) to Rural Exception (XX) Zone - RU (XX) and Country Estate Zone - CE as shown in Document 1 and detailed in Document 2.
CARRIED with Councillors A. Cullen and C. Doucet dissenting.
4. ZONING - 119 LEN PURCELL DRIVE |
COMMITTEE
RECOMMENDATION
That Council approve an amendment to the former Township of West Carleton Zoning By-Law to change the zoning of 119 Len Purcell Drive from RL-8 and RL-8-FP to RL-8 Exception Zone (RL-8(xX) and RL-8-FP(xX)) as shown in Document 1 and as detailed in Document 2.
CARRIED
5. ZONING - 2234 UPPER DWYER
HILL ROAD |
COMMITTEE RECOMMENDATIONS
1. That Council approve an amendment to the
former Township of West Carleton Zoning By-law to extend, for a period of three
years, the Rural Zone temporary use (RU-t) of 2234 Upper Dwyer Hill Road as
shown on Document 1 and as detailed in Document 2, subject to the following
condition:
2.
That prior to the By-law proceeding to Council, the owner enter into an
agreement with the City of Ottawa, as specified by Section 39.1(1) of the
Planning Act, setting out that:
i. the accessory residential structure is
to be occupied exclusively by the owner's sister;
ii. the accessory residential structure is
to be removed at the end of the three-year period, unless an extension has been
requested and approved by City Council, prior to the expiry of the Temporary
Use By-law; and
iii. the accessory residential structure is to be removed at such
time as it is no longer required by the occupants, at any time prior to the
expiry of the three-year period.
CARRIED
6. ZONING - PART OF 7069 FOURTH
LINE ROAD AND 2165 CALLENDOR ROAD |
COMMITTEE
RECOMMENDATION
That
Council approve an amendment to the former Township of Rideau Zoning By-Law to
change the zoning of part of 7069 Fourth Line Road and 2165 Callendor Road from
General Rural (A2) to a Special A2 Zone (A2-xx) and from Environmental
Protection (EP) to a Special EP Zone (EP-xy) as shown on Document 1 and as
detailed in Document 2.
CARRIED
AGRICULTURE
AND RURAL AFFAIRS COMMITTEE REPORT 24
1. EXPANSION OF LOCAL CALLING AREA - TOLL FREE CALLING |
That Council:
1.
Endorse the proposed request to Bell to proceed with an application to
CRTC to expand Ottawa's local calling area based on Staff’s recommended
surcharge scenario No. 1: "One City - One Rate" with a uniform
monthly surcharge applied to all telephone lines in the City, but with
residential and business surcharges calculated separately;
2.
Direct staff to consult with the affected neighbouring municipalities;
and
3. Delegate
to the City Manager the authority to request Bell to proceed with CRTC tariff
application subject to consultation and the results of the updated Financial
Impact Study.
CARRIED with Councillor G. Hunter dissenting.
CORPORATE
SERVICES AND ECONOMIC DEVELOPMENT COMMITTEE REPORT 49
1. 2005 CITY OF OTTAWA CONSOLIDATED FINANCIAL
STATEMENTS |
COMMITTEE
RECOMMENDATION
That Council approve the 2005 City of Ottawa Consolidated Financial
Statements.
CARRIED
2. DISPOSITION OF 2005 OPERATING SURPLUS/DEFICIT |
COMMITTEE
RECOMMENDATION
That as part of the finalization of
2005 operations, Council approve the following transfers of funds as detailed
in this report:
1.
The transfer of $2,032,000 from the Ottawa Public Library Reserve
Fund to offset part of Ottawa Public Library Deficit,
2.
The transfer of $1,863,000 from the Transit Capital Reserve to
offset the Transit Deficit,
3.
The transfer of $5,045,000 from the Rate Supported Capital Reserve
Fund to the Rate Supported Operating Fund to offset the Rate Support Fund
Deficit, and;
4.
The transfer, in 2006, of $356,000 from the City Wide Capital
Reserve Fund to the Ottawa Police Services Capital Reserve Fund.
CARRIED
3. PROFESSIONAL SERVICE CONTRACTS, SPONSORSHIP, AND LEGAL OUTSOURCING
COSTS FOR 2005 |
COMMITTEE
RECOMMENDATION
That Council receive this report for information.
RECEIVED
4. ENDOWMENT FUND Investment policy |
COMMITTEE
RECOMMENDATIONS
That Council:
1. Adopt the investment policy and
procedures statement attached hereto as Appendix "A" for the City of
Ottawa Endowment Fund.
2. Approve the establishment of an Investment Committee with
the roles and responsibilities and membership as detailed in Appendix
"B" .
CARRIED
5. OPERATING STATUS REPORT - MARCH 31 2006 |
COMMITTEE
RECOMMENDATION
That Council approve the contribution of $9.8 million to the City’s
Tax Stabilization Reserve Fund representing the additional funding received
from the province for Municipal Land Ambulance services ($5.3 million) and from
the Ontario Municipal Partnership Fund ($4.5 million) as a result of the
Provincial budget announcements.
Moved by
Councillor P. Hume
Seconded by Councillor R. Jellett
WHEREAS the City's 2006 budget has identified a risk regarding fuel prices in that diesel fuel is budgeted at the same rate that the city was able to contract for through September 2006;
AND WHEREAS fuel pricing continues to be volatile, potentially exposing the City during the non-locked in period to significant variances from budget;
AND WHEREAS the price of gasoline and diesel fuel can change in a very short period of time and formal contracting is not always practical;
BE IT RESOLVED that the City Treasurer be delegated the authority to acquire these commodities in a manner that limits the City’s exposure to budget overruns for fuel costs including the use of forward contracts, extensions of existing contracts, or sole sourcing, when necessary during or beyond December 31,2006, and that the City Treasurer report to Council quarterly on any such purchases.
CARRIED
Item 5 of Corporate Services and Economic Development Committee Report 49
was then put to Council and CARRIED as amended by Motion No. 60/2.
6. APPROVAL OF
“OTTAWA FIREFIGHTERS MEMORIAL” |
COMMITTEE
RECOMMENDATION
That Council approve the
concept and location of the Ottawa Firefighters Memorial to be installed on the
grounds at City Hall, 110 Laurier Avenue.
CARRIED
7. FRONt-ending agreement
TRIM ROAD WIDENING – INNES ROAD TO APPROXIMATELY SALZBURG DRIVE |
COMMITTEE
RECOMMENDATIONS
That Council:
1.
Authorize the City to enter
into a Front-Ending Agreement with Urbandale Corporation for the design and
construction for the widening of Trim Road from Innes Road to approximately
Salzburg Drive, based on the principles set forth in Document 1, and the
Council approved Front-Ending Policy in Document 2 with the final form and
content of the Front-Ending Agreement being to the satisfaction of the Deputy
City Manager Planning and Growth Management, and the City Solicitor.
2.
Approve the payback of $633,000
in 2008 to Urbandale Corporation for the design, and construction cost of the
Trim Road Widening from development charges collected pursuant to By-Law
2004-298 be approved subject to the execution of the Front-Ending Agreement.
3.
In accordance with Council
approval of Front-Ending Agreement Policy, pre-commit $633,000 from the 2008
Capital Budget, subject to the execution of the Front-Ending Agreement.
CARRIED with Councillor R. Chiarelli dissenting.
8. UPDATE ON The CITY'S ENVIRONMENTAL RESOURCE
AREAS ACQUISITION FUND |
COMMITTEE
RECOMMENDATION
That Council receive this report for information.
RECEIVED
9. Status report on City Environmental
Initiatives and proposed STRATEGIC PARTNERSHIP WITH ENERGY OTTAWA |
COMMITTEE
RECOMMENDATION
That Council:
1.
Receive the status report on City of Ottawa Environmental Initiaves
in Appendices A-1 and A-2 for
information;
2.
Approve Energy Ottawa as the City’s preferred partner in the pursuit
of initiatives to reduce energy costs and overall energy consumption through
energy efficiency, conservation and demand management;
3.
Authorize the City Manager to negotiate a partnership agreement with
Energy Ottawa to assist the City in maximizing revenue from demand response and
similar opportunities;
4.
Create an Energy Efficiency Reserve Fund with revenues realized from
the partnership with Energy Ottawa; and
5.
Approve the use of revenues from the Energy Efficiency Reserve Fund
for programs in the areas of energy efficiency and air quality as described in
this report.
CARRIED
10. GAS FRANCHISE AGREEMENT |
COMMITTEE
RECOMMENDATION
That Council:
1. Approve the draft by-law, in the
general form of that attached as Attachment 1 to this report, to be enacted
following Ontario Energy Board (OEB) approval;
2. Approve the draft
franchise agreement, in the general form of that attached as Attachment 2 to
this report (which will become Schedule A to the draft by-law);
3. Approve the
submission of the By-law, including the Franchise Agreement, by Enbridge to the
OEB for approval pursuant to the provisions of the Municipal Franchises Act;
4. Request the Ontario
Energy Board make an order to dispense with the assent of the municipal
electors of the attached draft By-law pursuant to the provisions of Subsection
9(4) of the Municipal Franchises Act;
5. Accept
from Enbridge a payment of $150,502.50 representing total and final settlement
of the disputed 2001 Road Cut permit fees.
CARRIED
EMERGENCY
AND PROTECTIVE SERVICES COMMITTEE REPORT 20
1. New staff
funding for Central Ambulance Communications Centre |
COMMITTEE
RECOMMENDATION
That Council approve the establishment of 9.45 FTEs for the Central Ambulance Communications Centre fully funded by the Provincial government.
CARRIED
HEALTH,
RECREATION AND SOCIAL SERVICES COMMITTEE REPORT 34
1. creation of a scent free
environment |
COMMITTEE
RECOMMENDATIONS AS AMENDED
That City Council
approve:
1. A scent-free program
for City buildings, Community Centres and Sport Centres; and;
2. That Light Rail
Transit, OC Transpo and Para Transpo buses be part of the scent-free program,
and;
3. That the scent free
program request people to be considerate of others who may have reactions or
sensitivities to scented products, and urge people to observe the program by
using the many unscented products that are available, and;
4. That a step
approach, starting with a public awareness program and a scent-free policy in
the City’s corporate buildings, Community Centres and Sport Centres, Light Rail
Transit, OC Transpo and Para Transpo buses to be assessed on its
effectiveness by 2010.
CARRIED on a division of 11 YEAS to 6 NAYS as follows:
Yeas (11): Councillors C. Doucet, A. Cullen, D. Holmes, M. Bellemare, G.
Hunter,
D.
Deans, S. Little, P. Feltmate, J. Stavinga, B. Monette and G. Bédard.
Nays (6): Councillors R. Bloess, R. Jellett, D. Thompson, E.
El-Chantiry, P. Hume and Mayor Chiarelli.
2. city of ottawa 2006 health status
report: measuring health in ottawa to build a stronger and healthier
community |
COMMITTEE
RECOMMENDATION
That Council receive this report for
information.
RECEIVED
PLANNING
AND ENVIRONMENT COMMITTEE REPORT 49A
1. zONING
- 3584 jOCKVALE road |
Committee
recommendation
That Council approve an amendment to the former Nepean
Zoning By-Law to change the zoning for lands within the Stonebridge Phases 7, 8
and 9A subdivision, known collectively as 3584 Jockvale Road, from FG – Future Growth to
Residential Mixed Unit Block 4 (RMU Blk 4) and Residential Fifth “B” Density
Zone Block 3 (R5B Blk 3) as
shown in Document 1 and as detailed in Document 2.
CARRIED
2. PERMANENT
SIGNS ON PRIVATE PROPERTY BY-LAW - Technical aMENDMENTS |
Committee
recommendations
That
Council approve the following amendments to the Permanent Signs on Private
Property By-law:
1. To allow the use of video screens in
pre-menu board information signs for fast food restaurant drive thru
businesses;
2. To establish a fee to recover the costs
of reviewing and processing by-law amendments to the Sign By-law;
3. To approve housekeeping amendments to
the Sign District Tables; and
4. To amend the regulations for Street Ad
signs to ensure consistency in third party signage provisions.
CARRIED
3. SIGN
BY-LAW MINOR VARIANCE - 1265 Walkley roaD |
Committee
recommendation
That Council
approve a requested Minor Variance to the Sign By-law to allow one internally
illuminated ground sign on the Walkley Road frontage, in excess of by-law
regulations, with a message centre area of 3.0 square metres and with a height
of 5.5 metres.
CARRIED
4. Comments
on Environmental Assessment (EA) Draft |
Committee
recommendations as amended
That Council endorse the comments contained in
Attachment 1 as the City’s comments on Waste Management of Canada Corporation’s
Environmental Assessment Draft Terms of Reference for the Carp Road Waste
Management Facility, and direct staff to forward them to the Ministry of the
Environment and Waste Management of Canada Corporation for consideration, and;
That Council approve Motions 1 through 6 as
recommended by the Planning and Environment Committee on 23 May 2006, as
follows:
Motion 1
WHEREAS the record of compliance with
environmental law of any proponent that seeks a new or amended Certificate of
Approval must come before the Minister for consideration;
AND WHEREAS consideration of the environmental
record of a proponent will both encourage compliance with environmental law in
this province and ensure that the risk to our environment is minimized by
removing from the industry companies with a history of violations;
AND WHEREAS companies that operate waste disposal
facilities have a responsibility to the people living nearby, to the
environment, and to the generations that will inhabit the local environment in
the future;
AND WHEREAS the Ontario Protocol for Updating
Certificates of Approval for Waste Management Protocol Guidance and Direction issued by Ministry of the
Environment in January 2005, helps guide the Minister in her decision, gives
assistance to proponents and opponents alike in understanding the kind of
information the Minister will consider, and provides a mechanism by which
existing Certificates of Approval may be re-evaluated;
AND WHEREAS the Ministry may review an existing
Certificate of Approval when an owner makes an application to the Ministry for
a change to the existing equipment, processes, production rates or for an
expansion of plant capacity (excluding applications for minor changes and
administrative amendments);
AND WHEREAS the City seeks the express assurance
of the Ministry of the Environment as to the compliance obligations incumbent
upon the proponent and status thereof for the operation of the waste management
facility on Carp Road;
THEREFORE BE IT RESOLVED that
Council request that the Minster of the Environment:
1. Provide
a complete copy of Waste Management of Canada
Corporation’s (WM) Carp Road waste management facility’s Certificate of
Approval, and any other related provincial, municipal or federal permits,
approvals and/or agreements, to the City and be placed on the public record for
review; and,
2. Provide
all regulatory compliance reports and complaint/response records for the Carp
Road waste management facility, submitted by the proponent, WM to the MOE for
the last 10 years of operation, and;
3. Hold in abeyance
any further review of the draft Terms of Reference until the regulatory compliance
status of the Carp Road site and operations of WM is confirmed, and;
4. BE IT FURTHER
RESOLVED that Council circulate this motion to the Premier of Ontario, the
Minister of the Environment, all Ottawa area M.P.P.s, the Association of
Municipalities of Ontario and the appropriate staff at the Ministry of the
Environment.
Motion 2
WHEREAS the draft Terms of Reference document, required as
the first step to complete a full individual EA, is generally deficient as to
the purpose, rationale and alternatives to the landfill expansion proposal;
AND WHEREAS this document needs to be extensively revised
to provide clarity as to the proposal, the plans for evaluation of alternatives
and alternative methods and ensure that a commitment to an overall EA monitoring
strategy is undertaken;
AND WHEREAS Waste Management of Canada Corporation
(WM) must give key stakeholders sufficient detail of its proposed EA, so that
these stakeholders can give more than just pro forma input, and are not
left to speculate as to what WM may or may not do;
AND WHEREAS based on the current document, the
City’s assessment is that WM has not met the
requirements of the EA guidelines and that an EA conducted in accordance with
the draft ToR document will likely lead to an environmentally unsound proposal;
AND WHEREAS the west end
community of Ottawa is profoundly concerned that its health and well-being, and
will be, adversely affected by this Landfill and any proposed expansion
thereof;
AND WHEREAS approximately
10,000 people have signed the petition in opposition to the Landfill expansion
drafted by MPP Sterling, and presented to the Legislature by MPPs Sterling and
MacLeod and based on statements of the Minister of Environment in the
Legislature, each signature on this petition in opposition to the Landfill
expansion will be considered a separate comment;
THEREFORE BE IT RESOLVED that Council:
1. Request the
Minister of Environment allow the City and the public
to present further submissions in response to any amended ToR proposal by WM
that may be filed in the future to MOE, and that the City and the public be
given no less than 180 days to respond to any such amended proposal, and;
2. Request the
Minister of the Environment to require any EA conducted by WM be peer reviewed
by independent experts paid for by WM and that the review be supervised by the City of Ottawa, and;
3. BE
IT FURTHER RESOLVED that Council circulate this motion to the Premier of
Ontario, the Minister of the Environment, all Ottawa area M.P.P.s, the Association
of Municipalities of Ontario and the appropriate staff at the Ministry of the
Environment.
Motion
3
WHEREAS in mid-January, Waste
Management Corporation of Canada (WM) announced its proposal to expand its Carp
Road landfill from 8 to 26 million cubic metres in 25
years - a three-fold increase in size;
AND WHEREAS during the period
for public comment, sharing
information, resources, and expertise, four representative community groups
recently submitted one joint set of comments on the draft Terms of Reference to
WM, titled Response of the Community
including a separate set of comments by OttawaLandfillWatch.org, titled Alternatives to Landfill for Waste Disposal
in the City of Ottawa;
AND WHEREAS accompanying the
joint submission was a separate report by the
Stittsville Village Association (SVA), titled Comments on the Draft Environmental Assessment Terms of Reference;
AND WHEREAS these
documents have been endorsed by all four community groups and are the culmination of an unprecedented effort
by hundreds of volunteers and the result of thousands of volunteer hours and includes the discussion group reports from the March 28th Community
Action Forum convened by Councillors Feltmate, El-Chantiry and Stavinga and
benefits from a legal review;
AND WHEREAS these reports
include over 250 recommendations and thousands of individual comments that must be addressed prior to the formal submission and approval
of WM’s Terms of Reference;
AND WHEREAS among the concerns raised are the existing
conditions and operations of WM’s facility, justification of the need for
additional disposal capacity, and the long-term sustainability of such an
expansive undertaking;
AND WHEREAS these reports
also draw attention to the disparity between the provincial target for landfill
diversion and the absence of effective policies and regulations for managing
industrial, commercial and institutional (ICI) waste and note that over 60% of
the waste entering WM’s facility is ICI;
THEREFORE BE IT RESOLVED that Council:
1. Request the Minister of Environment
to consider the full public record compiled as a result of the draft Terms of
Reference and advise
the City of actions to be undertaken in conjunction with its review of the
Terms of Reference, and;
2. Circulate this motion to the Premier
of Ontario, the Minister of the Environment, all Ottawa area M.P.P.s, the
Association of Municipalities of Ontario and the appropriate staff at the
Ministry of the Environment.
Motion 4
WHEREAS the City delivers a broad spectrum of
residential solid waste services including the collection and disposal of
municipal solid waste and the diversion of materials from landfill;
AND WHEREAS in 2005, this resulted in the
collection of 319,500 tonnes of residential waste, of which 108,949 tonnes, or
34%, was diverted from disposal;
AND WHEREAS based on limited information collected
from private waste collection and landfill contractors, over twice as much
solid waste was collected from the industrial, commercial and institutional
(ICI) sector, with only 17.5% of that diverted from landfill and these services
are provided to local businesses, employers and service providers through the
work of a number of private contractors;
AND WHEREAS although the City is not responsible
for the ICI waste collection, diversion and disposal services, Council’s recent
decision to offer waste collection and diversion service to the small business
community through the Yellow Bag program, is an initial step towards minimizing
landfill requirements for this sector;
AND WHEREAS in accordance with the City’s
Integrated Waste Management Master Plan continued efforts are underway to
develop initiatives to maximize waste diversion and minimize landfill capacity
consumption including Residential Waste Diversion Strategy and Education and
Communication Programs;
AND WHEREAS the City will be undertaking a review
of new and emerging technologies through a Request for Expression of Interest (REOI) to be
issued in June 2006 with a summary review of this Alternative Technologies REOI
expected to be before Committee in the Fall of 2006;
AND WHEREAS efforts are also
underway to review the adequacy of the Waste Characterization study completed
in 2000 for the residential and ICI sectors;
AND WHEREAS this review will
assist the City in potential selection of alternative technologies and as such,
financial and staffing requirements that are to be identified as part of the
2007 Budget process;
THEREFORE
BE IT RESOLVED that Council:
1. Direct
that the REOI to be undertaken include a thorough examination of the suite of
technologies for managing both residential and ICI waste streams.
2. Revisit
its Integrated Waste Management Master Plan
(IWMMP) to develop comprehensive city wide residential and ICI waste management
strategies, and;
a) That this
undertaking examine such matters as the management of ICI waste,
municipally-operated alternatives competing with, or replacing, privately
operated landfills for both residential and ICI waste, regulatory requirements,
recycling programs, diversion measures, alternative disposal solutions,
waste-to-energy systems, and environmentally-sustainable landfills, as well as
the implementation of a process to ensure the Plan is regularly updated to
include new insights garnered from initiatives piloted/implemented by other
municipalities in Ontario and elsewhere; and
b) That
this undertaking be conducted expeditiously with funds to be made available in
2006 from the Solid Waste Compensation Reserve Fund; and,
3. Formally request
Waste Management to give due consideration to the ongoing efforts of the City
to address its waste management needs.
4. Formally request
Waste Services Inc., who are concurrently preparing draft terms of reference
for an environmental assessment to increase the capacity of its Navan Road
landfill, give due consideration to the ongoing efforts of the City to address
its waste management needs, and;
5. Circulate
this motion to the Premier of Ontario, the Minister of the Environment, all
Ottawa area M.P.P.s, the Association of Municipalities of Ontario and the
appropriate staff at the Ministry of the Environment.
Motion 5
WHEREAS recognizing a looming waste management
problem, Ontario governments in the late 1980s and in early 1990s introduced a
variety of policies, regulations and funding programs to introduce, then
develop and enhance waste diversion, including the Waste Diversion Act, 2002;
AND WHEREAS in June 2004, the MOE released a
Discussion Paper and conducted public consultation sessions on how to achieve
the Provincial-wide goal of 60% waste diversion with extensive discussions on
several key topics, such as accelerating centralized composting for residential
waste and the feasibility of phasing-in a ban on disposal of key organics and
recyclable materials; renewing commitment on institutional, commercial and
industrial (ICI) waste diversion; reducing packaging and increasing the
recycled content in products and packaging; finding new waste diversion
technologies; and initiating a Province wide monitoring system for waste;
AND WHEREAS despite these efforts, Provincial
leadership has diminished in recent years, to the extent that in January 2005
the Ontario Waste Management Association submitted a report entitled “The
Private Sector ICI and Waste Management System in Ontario” and in December
2005, the Association of Municipalities of Ontario submitted a “Proposal for a
Provincial Integrated Waste Management Strategy”;
AND WHEREAS the Province has the authority and
regulatory ability to directly impact diversion rates and lower the reliance on
landfills and has not taken any concrete action directing the ICI sector to
achieve the 60% diversion goal;
THEREFORE BE IT RESOLVED that Council approve:
1. That City staff
expedite the review of existing regulatory involvement, monitoring, diversion
and service delivery opportunities and mandates to encourage diversion efforts
with the local ICI sector and report back to Planning and Environment Committee
in Winter 2006/2007.
2. That the Province
be requested to increase enforcement of existing regulations such as Waste
Audits and Waste Reduction Work Plans (O. Reg 102/94) and Industrial,
Commercial and Institutional (ICI) Source Separation Programs (O. Reg. 103/94).
3. That the Province
be requested to establish a Task Force involving appropriate stakeholders,
including municipal representatives from Association of Municipalities of
Ontario, LUMCO, Rural Ontario Municipalities Association and representatives
from ICI sectors, Ontario Waste Management Association, Recycling Council of
Ontario and others to formulate integrated waste management strategies for
areas within the Province of Ontario, and;
4. That this motion be
circulated to the Premier of Ontario, Minister of the Environment, all Ottawa
area M.P.P.s, the Association of Municipalities of Ontario, the Large Urban
Mayors’ Council of Ontario (LUMCO), the Rural Ontario Municipalities
Association (ROMA), the Ontario Waste Management Association (OWMA) and the
Recycling Council of Ontario (RCO)
MOTION 6
WHEREAS limitations of existing landfill capacity
and the social, economic and environmental costs of expanding landfill is
forcing the City of Ottawa and its citizens to rethink waste collection and
disposal strategies;
AND WHEREAS waste diversion is the most
fundamental solution to reducing waste disposal;
AND WHEREAS the Province of Ontario has set a 60%
waste diversion target to be achieved by 2008;
AND WHEREAS in the residential MSW sector the City
of Ottawa will achieve this target by 2008;
AND WHEREAS there does not appear to be a waste
diversion strategy to achieve this provincial target in the ICI sector;
THEREFORE BE IT RESOLVED that Council:
1. Direct that the
City of Ottawa as an institution become a model for waste diversion for the ICI
sector by developing waste diversion programs (including recycling) for its
offices, buildings and public facilities;
2. Direct that such
proposals to begin implementing these programs be developed for the 2007
budget, with final implementation being achieved by the 2008 budget;
3. Formally request
Waste Management to give due consideration to the ongoing efforts of the City
to address its waste management needs;
4. Formally request
Waste Services Inc., who are concurrently preparing draft terms of reference
for an environmental assessment to increase the capacity of its Navan Road
landfill, give due consideration to the ongoing effort of the City to address
its waste management needs;
5. Circulate this
motion to the Premier of Ontario, Minister of the Environment, all Ottawa area
M.P.P.s, the Association of Municipalities of Ontario and the appropriate staff
at the Ministry of the Environment.
CARRIED with Councillor D. Thompson dissenting.
TRANSPORTATION
COMMITTEE REPORT 35
1. PARA
TRANSPO SERVICE CONTRACTS AND TAXI SCRIPT PILOT PROJECT |
COMMITTEE
RECOMMENDATIONS AS AMENDED
That Council approve:
1.
The service delivery concepts
and procurement methodology detailed in this report, noting that the bid
solicitation document will be released for Para Transpo service in June 2006;
2.
That the Deputy City Manager,
Public Works and Services be delegated authority to approve a contract award
based on the process identified in this report for service provision beyond
June 2007; and,
3.
That a report will be brought
to Committee and Council in the fourth quarter 2006 which deals with the
results of this procurement process, together with further investigation into
the possible implementation details of a Taxi Script program.
4. That staff report to Transportation
Committee on the process to be used to accommodate and evaluate an ‘in-house’
bid to provide Para Transpo service.
CARRIED
TRANSPORTATION
COMMITTEE REPORT 36
1. Ottawa Fire Services - Wake up!
get a working smoke alarm program – Signage Program APPROVAL |
commITTEE RECOMMENDATION
That Council approve the Ottawa Fire Services sign program for the ‘Wake Up! to a Working Smoke Alarm Campaign’.
CARRIED
2. BUS SHELTERS IN FRONT
OF RIDEAU CENTRE– NEED REPLACEMENT TO OPEN CONCEPT DESIGN |
commITTEE RECOMMENDATION as
amended
That Council
direct OC Transpo replace their bus shelters, in front of 50 Rideau Street
(Rideau Centre) and 73 Rideau Street (The Bay), respectively, with a new
shelter design that utilizes a canopy, but leaves the sides open; and that the
cost of removal be assumed by OC Transpo.
Moved by Councillor A. Cullen
Seconded by Councillor J. Stavinga
That the following replacement Motion be approved:
1. That
staff be directed to take such appropriate interim actions to improve safety
and security on the sidewalks at 50 and 73 Rideau Street, including the removal
of planters by August 1, 2006;
2. That
OC Transpo be directed to examine appropriate security measures for this area
and to report to the Transportation Committee by October 2006, and;
3.
That staff
work with the local councillor, local stakeholders, the Ottawa Police Service
and the Pedestrian and Transit Advisory Committee on an urban design concept
for this area of Rideau Street that accommodates transit users in a safe,
secure environment, with an interim report on progress to the Transportation
Committee by October 2006.
4.
That the recommendations of the Ottawa Police Service Crime Prevention
Through Environmental Design (CPTED) be referred to staff and appropriate advisory
committees for report back on solutions to the issues raised in the CPTED by
October 2006.
CARRIED
Moved by Councillor M. McRae
Seconded by Councillor R. Jellett
BE IT RESOLVED that staff be directed to
immediately apply a zero tolerance approach to criminal activity on Rideau
Street until such time that a permanent solution is put in place.
CARRIED
Motion
to Adopt Committee Reports
Moved by
Councillor M. McRae
Seconded by Councillor R. Jellett
That Agriculture and Rural Affairs Committee Reports 23 and 24,
Corporate Services and Economic Development Committee Report 49, Emergency and
Protective Services Committee Report 20, Health, Recreation and Social Services
Committee Report 34, Planning and Environment Committee Report 49A and
Transportation Committee Reports 35 and 36,
be received
and adopted as amended.
CARRIED
Motions of Which Notice Has Been Given Previously
Moved by
Councillor E. El-Chantiry
Seconded by Councillor R. Bloess
WHEREAS the Province of Ontario has announced
in the 2006 Budget that it is providing a one-time investment of $400 million
to help municipalities primarily outside the Greater Toronto Area, with special
emphasis on rural and northern communities, invest in municipal roads and
bridges;
AND WHEREAS $33 million has been allocated to the City of Ottawa so
that high priority projects can get underway as soon as possible in the
upcoming construction season;
AND WHEREAS the numerous freeze-thaw cycles experienced this winter
have contributed to accelerating the deterioration of the roads, some to the
point where they have become nearly impassable due to the number of potholes
and significant frost heaving;
AND WHEREAS the road network has reached a level of just over 20%
that is now deemed to be in need of some form of rehabilitation, but that
current funding levels provide less than 60 % of the funding necessary to
maintain the road network;
BE IT RESOLVED that $10 million of the $33 million received from the
Province be allocated immediately to road rehabilitation in order to address
the roads that are in the worst condition this year and that the balance of the
funds be the subject of future budget discussions.
Moved by Councillor E. El-Chantiry
Seconded by Councillor R. Bloess
That Motion No. 60/4 be DEFERRED to the 12 July Council meeting.
DEFERRAL
CARRIED
Moved by
Councillor P. Hume
Seconded by Councillor M. McRae
WHEREAS the Alta Vista Drive Residents Association (AVDRA) has been
working diligently to ensure the thousands of cars that use Alta Vista Drive
every day respect the speed limit;
AND WHEREAS the AVDRA are working with City Staff to commence an
Area Traffic Management Plan for Alta Vista Drive that will work to curb
aggressive driving;
AND WHEREAS research conducted by the AVDRA has demonstrated that,
in other jurisdictions, photo radar is effective in ensuring that drivers
respect the posted speed limit;
AND WHEREAS since the current Provincial
legislation does not allow the use of photo radar on City streets the AVDRA
approached the MPP for Alta Vista Drive – Premier Dalton McGuinty on the issue
of the use of photo radar;
AND WHEREAS an Assistant to the Premier, Jackie Coquette, responding
in an email to the concerns of the AVDRA with the following – “The Ministry
will consider the use of photo radar on a case by case basis, at the request of
municipalities. Therefore, your best course of action at this point is to lobby
the City Council and ask them to approach the Ministry of Transportation with
this request.”;
THEREFORE BE IT RESOLVED that, in accordance with the Direction from
the Office of the Premier, City Council requests the Ministry of Transportation
of Ontario to allow the use of photo radar on City streets.
CARRIED
Motions
(Requiring Suspension of the Rules of Procedure)
Moved by Councillor S. Little
Seconded by Councillor M. McRae
That the Rules of Procedure be waived to consider and approve
the following Motion:
WHEREAS Canada Day is a national day of celebration;
AND WHEREAS the ByWard Market, due to its proximity to Parliament
Hill and because it is a prominent tourist attraction in its own right, is a
natural gathering space for celebrating Canadians;
AND WHEREAS to assist in crowd control, the Councillor of
Rideau-Vanier Ward has, following the process set in place by the former City
Councillor for Bruyère-Strathcona Ward since 1996, required that all ByWard
Market stakeholders be involved in reviewing the requests to host parking lot
parties on Canada Day and sought the input of Ottawa Police and the Alcohol and
Gaming Commission of Ontario – Liquor Enforcement Section and City staff, to
review relevant liquor laws, criminal laws and City by-laws;
AND WHEREAS Ottawa City Council has, ever since Canada Day 1996,
exempted certain parking lots from the enforcement of the zoning by-law and
other relevant City by-laws for Canada Day only;
AND WHEREAS the City Councillor consulted ByWard Market stakeholders
and the Police and staff from the Alcohol and Gaming Commission of Ontario –
Liquor Enforcement Section and, together, they reached a consensus as to which
parking lots should be exempted from the provisions of municipal by-laws for
Canada Day 2006;
THEREFORE BE IT RESOLVED that the following addresses in the ByWard
Market area be exempt from enforcement of the zoning by-law, specifically the
sections which prohibit a place of public assembly on: Friday, June 30;
Saturday, July 1; and, Sunday July 2, 2006:
Ø
151 George Street & 126-130
York Street (event organized by On Tap);
Ø
94 – 102 Clarence Street (event organized by The Cornerstone Bar and
Grill);
Ø
38 – 44 Clarence Street (event
organized by Suite 34);
Ø
78 – 84 Murray Street (event
organized by Heart and Crown Restaurant);
BE IT FURTHER RESOLVED that the above addresses shall
be exempted from the provisions of the City’s noise by-law until midnight on
July 1, 2006 only;
BE IT FURTHER RESOLVED that the Clerk of the City of Ottawa inform
Zoning Enforcement staff, the Alcohol and Gaming Commission of Ontario – Liquor
Enforcement Section and the Board’s local inspectors and the Ottawa Police of
the events which have been exempted.
CARRIED
Notices of Motion (For Consideration at Subsequent Meeting)
Moved by Councillor P. Hume
Seconded by Councillor C. Doucet
WHEREAS on June 14th, 2006, City Council “tabled” a
report entitled “North-South Corridor Light Rail Transit Project Contract Award
for Design, Construction and 15-Year Maintenance”;
AND WHEREAS Subsection 59 (5) of the Rules of Procedure
requires that a “motion that has been tabled at a previous meeting of the
Council cannot be lifted off the table unless notice thereof is given in
accordance with Section 52”;
AND WHEREAS Section 52 of the Rules of Procedure sets out the
requirements for a Notice of Motion;
AND WHEREAS Subsection 47(2) further requires that the Committee of the Whole “may, by resolution of which prior notice has been given at a regular meeting of Council … receive oral submissions from the public”;
THEREFORE BE IT RESOLVED that at its meeting of June 28th,
2006:
1) Council approve that the “North-South
Corridor Light Rail Transit Project Contract Award for Design, Construction and
15-Year Maintenance” report be “lifted off the table”; and
2) That Council, sitting as Committee of
the Whole of Council, receive public delegations on this report.
Motion to
Introduce By-laws Three
Readings
Moved by Councillor M. McRae
Seconded by Councillor R. Jellett
That the following by-laws be enacted and passed:
2006-228 A by-law of the City of Ottawa to designate 59 Colliston Crescent, as being exempt from Part Lot Control.
2006-229 A by-law of the City of Ottawa to designate 30 Tyrrell Place, as being exempt from Part Lot Control.
2006-230 A by-law of the City of Ottawa to impose special annual drainage rates upon land in respect of which money is borrowed under the Tile Drainage Act, R.S.O. 1990, c.T.8.
2006-231 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.
2006-232 A by-law of the City of Ottawa to dedicate and lay out certain land as common and public highway (Stanmore Street).
2006-233 A by-law of the City of Ottawa to dedicate and lay out certain land as common and public highway in the City of Ottawa.
2006-234
A by-law of the City of Ottawa to
dedicate and lay out certain land as common and public highway in the City of
Ottawa.
2006-235
A by-law of the City of Ottawa to stop
up and close the unopened road allowances known as Minion Street and North Street.
2006-236
A by-law of the City of Ottawa to stop
up and close part of the Road Allowance between Concessions 1 and A Broken
Front known as Commodore Lane.
2006-237
A by-law of the City of Ottawa to
dedicate and lay out certain land as common and public highway (Gothwood
Place).
2006-238
A by-law of the City of Ottawa to dedicate and lay out certain land as
common and public highway (Adam Baker Way).
2006-239 A by-law of the City of Ottawa to amend By-law No. 64-82 of the former City of Cumberland to change the zoning for the property known municipally as 6155 Rockdale Road.
2006-240 A by-law of the City of Ottawa to amend By-law Number 100-2000 of the former City of Nepean to change the zoning for a portion of the property known municipally as 3584 Jockvale Road.
2006-241 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 119 Len Purcell Drive.
2006-242 A by-law of the City of Ottawa to amend By-law No. 2003-230 of the City of Ottawa to change the zoning for the properties known municipally as 6100 and 6116 Gough Road.
2006-243 A by-law of the City of Ottawa to amend By-law 2004-428 of the City of Ottawa to change the zoning for the property known municipally as part of 7069 Fourth Line Road and 2165 Callendor Road.
2006-244 A by-law of the City of Ottawa to amend By-law No. 2004-293 to appoint additional fence-viewers.
2006-245 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 parking enforcement.
2006-246 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.
2006-247 A by-law of the City of Ottawa to designate 1785 Marchurst Road, as being exempt from Part Lot Control.
CARRIED
Confirmation By-law
Moved by Councillor M. McRae
Seconded by Councillor R. Jellett
THAT
By-law 2006 - 248 to confirm the proceedings of Council be enacted and passed.
CARRIED
Inquiries
The following inquiry was received:
From Councillor C. Doucet to the Chief Corporate Services Officer respecting water usage billing.
Adjournment
Council adjourned the meeting at 4:57 p.m.
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CITY CLERK |
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MAYOR |