11 July 2006
2. National Anthem (Councillor R. Chiarelli)
3. Roll Call
4. Confirmation of Minutes
Confirmation of Minutes of the regular meeting of 28 and 29June 2006.
5. Declarations of pecuniary interest including those originally arising from prior meetings
· AMO Alerts
· AMO Position on Household Hazardous Waste/Household Special Waste (HHW/HSW)
· Property Reassessments Cancelled until 2008
· Your support for the AMO Position on Improving the Efficiency of the Blue Box
· New OMERS Sponsors Corporation and Administration Corporation Established
· Deadline for nominations to 2006-2007 AMO Board of Directors is Friday, July 14, 2006
· From the Environmental Advisory Committee recommending that Council adopt the City of Windsor policy and replace existing lead service lines by 2012.
· From the Environmental Advisory Committee respecting the extension of drinking water supply to the Township of Russell.
· List of Outstanding Inquiries –February 2005 to June 2006
No Regrets filed to date.
8. Postponements and Deferrals
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.
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.
9. Motion to Introduce Committee Reports
(Councillors J. Harder and J. Legendre)
AGRICULTURE AND RURAL AFFAIRS COMMITTEE REPORT 25
1. INTERIM REPORT – WETLANDS RESOLUTION WORKPLAN
COMMITTEE RECOMMENDATIONS AS AMENDED
That Council approve the following, as amended:
1. Direct staff to take the necessary municipal drain maintenance actions on the Hobbs Municipal Drain and other drainage improvements to return the surface drainage in the area north of Flewellyn Road to pre-existing conditions, as defined in this report, with any actions taken being subject to an evaluation of the environmental benefits of the recommended actions;
2. As part of the process to declare Flowing Creek a Municipal Drain which is subject to a separate report to the Agricultural and Rural Affairs Committee on June 22, 2006, direct staff to:
a. Monitor environmental changes as a result of these actions by establishing a baseline in advance and annual monitoring after the corrective works are undertaken;
b. Report annually to Committee and Council on the monitoring results or when significant landscape changes in vegetation, creek health or surface drainage are observed.
3. Direct staff to continue to provide feedback to the Ministry of Natural Resources’ review of the Ontario Wetland Evaluation System (OWES) through:
a. A letter to the Minister, attached in Document 6, recommending that the update of the OWES include such items as clear specification of wetland species, the re-examination of the criteria for complexing of wetlands, consideration of whether the wetland developed through natural or human forces, a re-examination of the points allocation under the Social factor, a broader consideration of social factors such as land tenure, population density and length of residency and an updating of the social value of wetlands to be aligned with current societal use and value of wetlands;
b. participation in the targeted consultation later in 2006 as a direct participant and through the Association of Municipalities of Ontario.
4. Direct staff to encourage the Ministry of Municipal Affairs and Housing, through the letter proposed in Document 7, to address issues that have arisen through this process, including the consideration of social aspects in environmental lands protection, development of a Provincial policy of compensation and associated incentives for landowners to encourage environmental protection on private lands and clarification of the Provincial Policy Statement interpretation when dealing with conflicting resource protection, such as mineral aggregates and wetlands.
5. Confirm that the Official Plan wetland designation process, initiated by the City in 2005, and the existing wetland evaluation study, are cancelled and withdrawn for those areas under review within the Flewellyn Road area of Goulbourn Ward, including those lands that are subject to the completion of new drainage works. Further, a re-evaluation of the wetland status of the subject lands, as defined in this report, will not occur unless the following conditions are met:
a. For those lands within the influence area of the drainage corrections proposed in this report and outlined in Document 3, the wetland status of the lands will not be re-evaluated any sooner than a period of five years after the undertaking of the drainage works (expected in 2007), nor will a re-evaluation occur before completion of recommendations 3, 4, 6 and 7 and initiation of recommendation 8;
b. For those lands outside the influence of the planned drainage corrections, the wetland status of these lands will not be re-evaluated before completion of the Ontario Wetland Evaluation System review by the Ministry of Natural Resources and completion of recommendations 3, 4, 6 and 7 and initiation of recommendation 8;
c. For those lands within existing designated Limestone Resource Areas, they shall remain as limestone resource through the 2008 Official Plan review.
6. Direct staff to refine its process for notification and involvement of landowners in the identification and application of conservation measures for newly identified environmental areas as part of the 2008 Official Plan review process, taking into consideration early stakeholder involvement, social and environmental factors and the applicability of the suite of conservation measures summarized in this report.
7. Direct staff to include a 2007 budget pressure of $50,000 in order to develop a compensation policy to accompany the relevant conservation measures available to the City or its agency partners in the conservation of environmental lands.
8. Direct staff to conduct an education program that addresses the value of wetlands, the land use implications of zoned and designated environmental lands and the responsibilities of landowners and the municipality in the maintenance of municipal drains, ward drains and private property drainage and in the protection of our shared groundwater resources.
9. Communicate the results of this wetland resolution process and the report outcome to all landowners within the subject lands and adjacent lands of the Flewellyn Road area of Goulbourn.
10. Extend the role of the Wetland Stakeholders’ Group and continue to engage the Group in actions arising from the recommendations, such as in the establishment of a baseline for the purpose of monitoring environmental changes, the monitoring itself, the development of the compensation policy and the establishment of the education program.
11. WHEREAS the Agriculture and Rural Affairs Committee has recommended that Council direct staff to include a 2007 budget pressure of $50,000 in order to develop a compensation policy to accompany the relevant conservation measures available to the City or its agency partners in the conservation of environmental lands (per Recommendation 7); and
AND WHEREAS the Agriculture and Rural Affairs Committee has recommended that Council direct staff to conduct an education program that addresses the value of wetlands, the land use implications of zoned and designated environmental lands and the responsibilities of landowners and the municipality in the maintenance of municipal drains, ward drains and private property drainage and in the protection of our shared groundwater resources (per Recommendation 8);
THEREFORE BE IT RESOLVED THAT the Agriculture and Rural Affairs Committee recommend Council consider the appropriate allocation of financial resources in the 2007 budget deliberation to enable these works to be completed by winter 2007/spring 2008.
12. That staff be directed to request the Ministry of Natural Resources to review Wetland Designation Criteria in concert with City of Ottawa staff in light of the recommendations coming out of the Goulbourn Wetland consultation process;
And further, that staff report back to the Rural Issues Advisory Committee (RIAC) and the Agriculture and Rural Affairs Committee (ARAC) with a progress report encompassing all the recommendations.
2. MANOTICK SPECIAL DESIGN AREA CONCEPT DEVELOPMENT PLAN AND ENVIRONMENTAL MANAGEMENT PLAN- 5537 FIRST LINE ROAD
That Council approve the Concept Development Plan for the Special Design Area in the Village of Manotick as detailed in Document 3 and the Village of Manotick Environmental Management Plan Special Design Area Component, Final Report (prepared by Marshall Macklin Monaghan, 2006) as detailed Document 5 (distributed under separate cover).
3. HARMONIZATION - MUNICIPAL TREES AND NATURAL AREAS PROTECTION BY-LAW
That Council approve the proposed Municipal Trees and Natural Areas Protection By-law, attached as Document 1, with an effective date of 1 September 2006.
4. O’KEEFE MUNICIPAL DRAIN – ENGINEER’S REPORT
That Council adopt the Engineer's Report for the O'Keefe Municipal Drain in Nepean Ward and give first and second reading to the attached By-law in accordance with Sections 42 and 45 of the Drainage Act of Ontario.
5. PETITION FOR DRAINAGE WORKS - UPPER FLOWING CREEK - GOULBOURN WARD
COMMITTEE RECOMMENDATION AS AMENDED
That Council consider the petition and proceed with the drainage works by appointing Robinson Consultants Inc. as the Engineer of Record to prepare a report under Section 4 of the Drainage Act; and
That the Engineer’s Report be undertaken expeditiously.
AGRICULTURE AND RURAL AFFAIRS COMMITTEE REPORT 25A (IN CAMERA)
To be dealt with In Camera.
AGRICULTURE AND RURAL AFFAIRS COMMITTEE REPORT 26
1. ONTARIO MUNICIPAL BOARD APPEAL - ZONING/SUBDIVISION- 152 WHITETAIL DRIVE (FILE NO. D02-02-03-0080 AND D07-16-02-0036)
That the City Solicitor be instructed to seek an adjournment of the upcoming hearing to explore options to address the noise concerns;
However, shall an adjournment not be granted, the position of the City shall be in accordance with the following:
Further that Council endorse the following position at the Ontario Municipal Board hearing regarding the applications to Amend the Zoning and for Draft Plan of Subdivision at 152 Whitetail Drive:
1. That the Draft Plan of Subdivision as shown in Document 1 be refused;
2. That the Zoning By-law Amendment to rezone lands from Rural Zone (RU) to Rural Country Lot Zone (RCL-XX) be refused;
3. That appropriate staff resources, from the Corporate Services and Planning and Growth Management Departments be committed for participation in the Ontario Municipal Board Hearing.
2. DIRECTIONAL FARM SIGNAGE PROGRAM
1. Approve the establishment of a Directional Farm Signage Program and amendments to the following by-laws and policy to accommodate Directional Farm Signs as detailed in Document 1 as amended:
a. Signs and Advertising Devices on City Roads By-law 2003-520
b. Permanent Signs on Private Property By-law 2005-439
c. Temporary Signs on Private Property By-law 2004-239.
2. Approve the enforcement program that reflects the phased implementation of the new Program as set out in the report.
3. Direct staff to undertake a review of the impact of the establishment of the Directional Farm Signage Program and report back the results of the review by 2008 year end, with recommendations of any further enhancements or corrections as may be required and that the review include consultation with the stakeholder group.
a. the temporary establishment of .5 FTE immediately to kick start the Program, and
b. the temporary establishment of an additional 1.98 FTEs, subject to future budget approval, for a period commencing January 1, 2007 and ending December 31, 2008, to enable the implementation and assessment of the new Directional Farm Signage Program.
5. Approve the establishment of a $75.00 service administration fee per Directional Farm Sign, approved pursuant to the provisions of the Signs and Advertising Devices on City Roads By-law 2003-520, to recover the traffic engineering costs in verifying and approving the location of the signs in the right-of-way;
6. WHEREAS Item 11 of Agenda 30 of the Agricultural and Rural Affairs Committee proposes to amend By-law 2003-2005, a by-law respecting signs and advertising devices on City roads to introduce new definitions in Section 1 of the by-law in recognition of the new Directional Farm Signs;
AND WHEREAS the proposed amendments set out in Document 1 to Item 11 of Agenda 30 includes the new definition of “directional farm sign panel” and that the definition should be referring to a portion of the horizontal sign format and not the entire sign;
THEREFORE BE IT RESOLVED that Council approve an amendment to the definition in Document 1 by inserting “the portion of” after the word “means” and before “an off-premises sign…”, such that the definition will read as:
“directional farm sign panel” means the portion of an off-premises sign that provides directions to a registered farm and the farm related products or services offered by the registered farm” or directions to a farmer’s market and the products offered at the site of the farmer’s market.
CORPORATE SERVICES AND ECONOMIC DEVELOPMENT COMMITTEE REPORT 51
1. TERM OF COUNCIL (2007-2010) PLANNING AND BUDGET PROCESS AND TIMETABLE
That Council approve the 2007 budget process, related planning activities and timetables contained in this report.
2. CIVIL MARRIAGES AT CITY HALL – PILOT PROGRAM – ONE-YEAR REVIEW
1. Approve that civil marriages continue to be offered as a cost-recovery service at City Hall through the City Clerk or delegated staff; and
2. Approve the recommendations outlined in the report, including:
· Creation of an additional 1.33 FTEs within the Client Services and Public Information Division to meet higher-than-projected demand for civil marriage services, the full cost of which would be off-set by a corresponding increase in revenues.
· Annual review and adjustment of fees as part of budget deliberations to ensure program continues to operate on a cost- recovery basis.
3. 2006 MUNICIPAL ELECTIONS - ADVANCE VOTE DATES & TIMES AND REDUCED VOTING HOURS ON VOTING DAY
That Council approve:
1. Thursday, October 26, 2006 from 10 a.m. to 8 p.m. and Saturday, November 4, 2006 from 10 a.m. to 5 p.m. as the dates and hours of operation for the advance votes for the 2006 municipal elections;
2. Reduced hours of operation on advance vote days in certain senior and care facilities, as identified in Annex 'A', to be either from 10 a.m. to 12:30 p.m. or from 2:30 p.m. to 5 p.m.;
3. Reduced hours of operation on Voting Day in certain institutions and retirement homes, as identified in Annex 'B', to be either from 10 a.m. to 2 p.m. or from 4 p.m. to 8 p.m.; and
4. That implementing by-laws be adopted for advance vote dates and hours, and reduced hours of operation on Voting Day.
4. 2006 MUNICIPAL ELECTIONS - COMPLIANCE AUDIT Committee
That Council receive this report for information.
5. WARD NAMES for the 2006 Municipal Elections
That Council adopt the ward names in Annex 1 for use in the 2006 municipal elections.
6. PURCHASING BY-LAW REVISION
That Council approve the changes to the Purchasing By-law that were made due to a regular housekeeping review and as a result of recommendations made during the Rural Summit, as identified in Appendices 1 and 2.
7. CAPITAL ADJUSTMENTS AND CLOSING OF PROJECTS
1. Authorize the closing of capital projects listed in Appendix A, the funding of deficits as identified and the return of the balance of funds to funding sources;
2. Approve the budget adjustments as detailed in Appendix B;
3. Approve a net decrease in debt authority of $10.845 million; and
4. Receive the budget adjustments in Appendix C undertaken in accordance with the Delegation of Authority By-law 2001-12, as amended, as it pertains to capital works.
8. sale of land - 2502 st. laurent boulevard
1. Declare a vacant parcel of land shown on Annex “A” attached, containing approximately 667.4 m2, being part of Lot 1, Concession 4, R.F., geographic Township of Gloucester, in the City of Ottawa and described as part 14 on Plan 5R-11934, as surplus to the City’s needs;
2. Approve the sale of the land detailed in Recommendation 1, to Loblaws Properties Limited, for the amount of $125,000 plus GST, pursuant to an Agreement of Purchase and Sale that has been received.
9. SALE OF LAND - PART OF JAMES LEWIS AVENUE - ADJACENT TO 53 BAYWOOD AVENUE
1. Declare a vacant parcel of land shown on Annex “A” attached, containing approximately 103 m2 (square metres), being part of James Lewis Avenue, Registered Plan 4M-688 described as Part 1 on Plan 4R-20831, in the City of Ottawa, subject to final survey and subject to the road being stopped up and closed by by-law, as surplus to the City’s needs;
2. Approve the sale of the land detailed in Recommendation 1, to Stittsville South Holdings Inc., for the amount of $16,500 plus GST, pursuant to an Agreement of Purchase and Sale that has been received.
10. PUBLIC-PRIVATE PARTNERSHIP (P3) FOR NEW INDOOR SPORTS FIELD DOME AT BEN FRANKLIN PARK-Selection of Preferred Partner
COMMITTEE RECOMMENDATIONS AS AMENDED
1. Direct that an external Fairness Commissioner be retained by the City to audit the evaluations conducted by City staff on all the proposals received for the (P3) New Indoor Sports Field Dome at Ben Franklin Park and to advise the City by September 2006, whether it concurs with the recommendation of the preferred partner or, alternatively, if it does not agree with the recommendation; and
2. Direct that a public meeting on the recommended proposal be held in the community before the proposal is submitted to Council.
11. RIDEAU VALLEY CONSERVATION AUTHORITY - NEW HEADQUARTERS IN BERYL GAFFNEY PARK
COMMITTEE RECOMMENDATIONS AS AMENDED
1. Approve the framework for agreement between the City and the Rideau Valley Conservation Authority (RVCA), attached as document 1, including the following elements:
a) A Ground Lease Agreement providing for the leasing of approximately 12.5 acres of land within Beryl Gaffney Park at a nominal rate of $1 per year.
b) A Building Development, Construction and Lease Agreement providing for funding by the City of the construction of the new RVCA headquarters to a maximum of $5.6 million, a 20 year lease with an option to purchase at the end of the term for a nominal amount and rent during the term of the lease calculated to cover the City’s annual debt charges.
c) A Municipal Capital Facility Agreement to designate the land and buildings for municipal purposes related to water, sewage, flood control and recreational purposes, with the land and building to be exempted from municipal and school property taxation and an exemption from the payment of development charges.
d) A Park Development Framework Agreement applicable to the greater Beryl Gaffney Park that provides for the RVCA to remit $32,000 to the City annually for 20 years to be spent on park development with a revised Park Development Master Plan to be brought back to the Health, Recreation and Social Services Committee in 2007.
2. Approve that the Deputy City Manager, Community and Protective Services, be delegated authority to finalize the negotiations, conclude and execute all necessary Agreements in accordance with the framework contained in Document 1.
3. Designate the site in Beryl Gaffney Park as described in Document 2, including the new building, as a Municipal Capital Facility as permitted under Section 110 of the Municipal Act, 2001 and Ontario Regulation 46/94 and that this designation be implemented by way of Municipal Capital Facility Agreement that contains the terms outlined in Document 1 and that after execution of the agreement by the City and the RVCA, a by-law designating the site as a municipal capital facility be presented to Council for enactment.
4. Approve that the City Treasurer be authorized to issue a debenture in an amount not to exceed $5.6 million to fund the construction of the building.
5. Approve a grant to the RVCA equivalent
to the building permit fees for the construction of the building.
6. WHEREAS the RVCA Best Use study for Dickinson Square clearly indicates that the community preference is that these significant buildings, which are an integral park of the Manotick Community, remain in public ownership;
AND WHEREAS the City of Ottawa has a primary interest in doing everything possible to ensure public ownership of the properties;
BE IT RESOLVED that recommendation 6 of the report be replaced with the following:
· That recommendations 1 though 5 be approved conditional on the RVCA providing at nominal consideration to the City of Ottawa an "Option to Purchase" the Dickinson Square properties at fair market value for a period up to a maximum of 18 months; and,
· That Staff enter into discussions with the RVCA, the Dickinson Square Heritage Management (Inc.), and the broader community in order to develop options that provide for the property to remain under public ownership and to report back to Committee and Council at least 6 months prior to the expiration of the option period.
7. That the following motion from the Arts, Heritage and Culture Advisory Committee be referred to staff, for further review as part of the discussions with the RVCA, the Dickinson Square Heritage Management (Inc.) and the broader community in order to develop options that provide for the property to remain under public ownership and to report back to Committee and Council at least six months prior to the expiration of the option period:
WHEREAS AHCAC has been kept informed of Dickinson Square Heritage Management Inc.’s efforts to ensure public ownership and community use of the five heritage buildings to be vacated in 2007 by the Rideau Valley Conservation Authority;
AND WHEREAS the Rideau Valley Conservation Authority’s board has recently approved a sequence of recommendations by Commonwealth Historic Management Ltd, in its “Best Use” study of the buildings, the first recommendation (or option) beginning as follows:
“The clear preference of the community is for the Dickinson Square site in its entirety to remain in community use – meaning being acquired by the City of Ottawa. Accordingly, the RVCA should first approach the City to discuss the plausibility of this scenario…”.
THEREFORE this committee supports in principle the proposal of Dickinson Square Heritage Management Inc. for the City to assume ownership of the five heritage buildings and the open spaces amongst and around them (Watson’s Mill, Dickinson House, the Carriage Shed, the Ayers Building and the Weaver’s House) to ensure the Square’s future as a unique industrial heritage site, a centre for community arts and cultural activities - and an outdoor gathering place and performance space which has existed for 150 years.
12. REIMBURSEMENT OF DEVELOPMENT FEES AND CHARGES – PERLEY AND RIDEAU VETERANS’ HEALTH CENTRE - 1750 RUSSELL ROAD
COMMITTEE RECOMMENDATIONS AS AMENDED
That Council approve the following:
1. Exempt the Perley and Rideau Veterans’ Health Centre from development charges as a non-profit corporation under Section 7 (s) of Development Charges By-law 2004-298 for the construction of a 12-bedroom respite bungalow, known as the ‘Guest House’, for individuals affected by a dementia;
2. Reimburse the Perley and Rideau Veteran’s Health Centre the paid planning application fees and building permit fees amounting to $28,534.10 and reimburse the Centre an additional $58,948.40 should the development charges be paid prior to July 12, 2006 or exempt these development charges should the permit not be ready for issuance prior to July 12, 2006.
13. STRENGTHENING OTTAWA'S INNOVATION AND COMMERCIALIZATION CAPACITY
That Council approve funding of up to $250,000 for the Ottawa Life Sciences Council (OLSC) and up to $100,000 for the Ottawa Centre for Research and Innovation (OCRI), to leverage funds awarded by the Province of Ontario to enhance Ottawa's innovation and commercialization capacity.
14. Britannia Village – Ottawa river flood protection
COMMITTEE RECOMMENDATIONS AS AMENDED
That Council approve:
a) The implementation of the flood protection measures as identified in the report, subject to a survey of interest receiving support from at least 67% of the property owners within the flood plain limits defined by Rideau Valley Conservation Authority.
b) The City’s share in the amount of 50% of the cost of the base regulatory flood protection measures up to $390,000, and 100% of the cost in excess of $390,000,provided the total escalated project costs for the base regulatory measures are demonstrated to continue to be economically viable as a flood protection measure.
c) The benefiting property owners be 100% responsible for the cost of the enhanced wave protection measures up to $80,000 and the City be 100% responsible of the cost in excess of $80,000, provided the total escalated project costs for the enhanced wave protection measures are demonstrated to continue to be economically viable as a flood protection measure.
d) The City recover the private property owners’ share, representing 50% of the cost of the base regulatory flood protection measures up to $390,000 and 100% of the cost of the enhanced wave protection measures up to $80,000, through a special area charge to be levied subject to a bylaw to be established once construction is complete and the final costs, carrying charges and term of the recovery have been determined.
e) That the Survey of Interest being conducted for the Britannia Village – Ottawa River Flood Protection be extended to July 31, 2006.
HEALTH, RECREATION AND SOCIAL SERVICES COMMITTEE REPORT 36
1. City archives main branch relocation – establishment of steering committee
That Council approve the establishment and Terms of Reference for a City of Ottawa Archives Main Branch Relocation Steering Committee and identify, by July 21, 2006, two Councillors as Steering Committee members.
PLANNING AND ENVIRONMENT COMMITTEE REPORT 51A
to council motion relating to concerns in completing development related
Committee recommendations as amended
1. WHEREAS there are long standing concerns that public amenities and infrastructure, such as active and passive parks, tot lots, and pathways in developing neighbourhoods are not being completed in a timely manner or to the performance specifications required by the City of Ottawa;
AND WHEREAS the collection and hold back of securities appears to be an insufficient motivator to ensure land developers and builders are completing these works;
THEREFORE BE IT RESOLVED that Council approve:
a) That City staff undertake expeditiously an internal and external review of the delivery of parks and public amenities, including but not limited to funding, development charges, delivery of construction; as well as means to accelerate timely completion, including the implementation of specific schedules for completion as part of the subdivision conditions (eg: cleaning and greening must be completed within four months from the issuance of the first building permit); and,
b) That, as part of this review, City staff develop a more integrated approach to coordinate efforts between Planning & Growth Management, Community & Protective Services and Public Works & Services in the review of development applications, the development of subdivision conditions, and the implementation of these conditions to ensure the necessary servicing (eg: the provision of roads, water servicing, sanitary and storm sewers) is in place to ensure the timely delivery of parks, and
c) that staff report back to the Planning and Environment committee in the Fall of 2006.
2. WHEREAS the provincial Planning Act prevents the City of Ottawa from denying or delaying planning applications in order to seek compliance on a separate planning file involving the same developer;
AND WHEREAS the power to deny or delay approval for planning applications when a developer has not completed work required for another project would assist the City in ensuring roads, parks or other infrastructure required as a condition of development approval is completed;
THEREFORE BE IT RESOLVED that the City of Ottawa request that the Province of Ontario review provisions of the Planning Act preventing municipalities from denying or delaying planning applications in order to seek compliance on a separate planning file involving the same developer.
service replacement program
That Council approve:
1. That City staff develop a Proactive Lead Service Replacement Pilot Program that will involve:
a) A review of the Water Treatment processes in operation at Britannia and Lemieux Island Water Purification Plants to confirm that they are providing an optimum level of protection against lead corrosion;
b) A public information outreach program that will provide residents with information on the issues surrounding lead in drinking water and provide information on:
i) the City’s current compliance with all Federal and Provincial health-based guidelines for lead in drinking water;
ii) how a homeowner can identify whether or not they have a lead service;
iii) how homeowners or residents with lead services can reduce their exposure to lead in drinking water through a few very simple practices in the homes; and
iv) how homeowners can apply to have their service line assessed, and, if lead service exists, possibly replace it as part of this pilot program.
2. A pilot Proactive Lead Service Replacement program be initiated for 2007 that will allow residents to request that their lead service be replaced. The service replacement will involve replacing the entire service, from the City’s water distribution system through to the homeowners’ water meter. Costs will be shared proportionally between the City and homeowner, with each party responsible for the cost of service replacement on their property. Certain eligibility conditions will apply for homeowners interested in participating.
3. Staff to report to Committee in the fall of 2007 on the program following the first year of operation.
3. EXTENSION OF DRINKING WATER Supply TO THE TOWNSHIP OF RUSSELL
That Council delegate to staff the authority to enter into negotiations with the Township of Russell regarding the provision of drinking water supply to the existing Township municipal residential drinking water system serving Embrun, Russell and Marionville subject to the following principles:
1. That servicing the Township will not compromise the City’s ability to support growth as proposed by the City’s Official Plan and Infrastructure Master Plan.
2. That the Township will be responsible for all capital costs for the construction and commissioning of the new drinking water infrastructure required to link the City of Ottawa’s municipal residential drinking water system to the Township of Russell’s drinking water system. The design of this infrastructure will be to the City of Ottawa design standards and subject to the City’s approval.
3. That infrastructure constructed within the City of Ottawa, once constructed and commissioned, will be turned over to the City of Ottawa who will be responsible for the ongoing operation and maintenance of this infrastructure.
4. That the City will invoice the Township for water delivered to the Township at the City of Ottawa water rate.
5. That the Township agree that they will adopt the City of Ottawa Water By-law policies and procedures as modified by the City of Ottawa from time to time.
6. That staff report back to Planning and Environment Committee prior to entering into a formal agreement with the Township.
OF SOLID WASTE MANAGEMENT By-law
That Council enact a by-law similar in form to the Draft Solid Waste By-law contained in Attachment 1, effective on 01 September 2006.
5. zONING - 1002 Karen Way
Committee recommendation as amended
That Council approve an amendment to the former City of Ottawa Zoning By-Law to change the zoning of 1002 Karen Way from I1 - Institutional Zone to an R6 with an Exception provision allowing a building height limit of 7 storeys.
6. zONING - 2400 and 2420 Bank street
That Council approve an amendment to the former City of Ottawa Zoning By-law to change the zoning of 2420 Bank Street from CE9 F(1.36) to CE9 F(1.7) exception zone, and to change the zoning of 2400 Bank Street from CE9 F(1.32) to CE9 F(1.32) exception zone to permit a shared driveway between 2400 and 2420 Bank Street as shown in Document 1 and as detailed in Document 2.
7. zONING - 30 Chamberlain Street
That Council approve an amendment to the former City of Ottawa Zoning By-law, to change the zoning of 30 Chamberlain Street as shown on Document 1, by adding a "medical facility" as a permitted use to the existing CG9 F(3.0) exception zone.
8. ZONING - 80 Terence Matthews Crescent
That Council approve an amendment to the former Zoning By-law of the City of Kanata (Kanata South Business Park 135-93) to change the zoning of 80 Terence Matthews Crescent from an Industrial Zone (M1A) to an Industrial Exception Zone (M1A-xx) to permit an additional use as shown in Document 1 and detailed in Document 2.
9. ZONING - 870 March Road AND parts of 1001 and 1045 Klondike Road
That Council approve amendments to the former City of Kanata Zoning By-laws 74-79 and 164-93 to change the zoning of 870 March Road and parts of 1001 and 1045 Klondike Road from Estate Residential (ER) to Residential Type 3A - Exception x (R3A-x), Residential Type 5A - Exception x (R5A-x), Open Space Type 1 (OS1), Open Space Type 1 - Exception x (OS1-x), and General Commercial Special Zone (CG-x) as shown on Document 1 and as detailed in Document 2.
10. ZONING - 1685 STITTSVILLE MAIN STREET
That Council approve an amendment to the former Township of Goulbourn By-law to change the zoning of 1685 Stittsville Main Street from Residential Type 1 Zone R1 to Residential Type 1 Exception Zone, R1-x as shown in Document 1 and detailed in Document 2.
11. ZONING - 1215 Rainbow
That Council approve an amendment to the former City of Gloucester Zoning By-law to change the zoning of 1215 Rainbow Street from Os - Open Space Zone to Mp - Business Park Zone as shown in Document 1.
12. ZONING - 2127 MER BLEUE ROAD
That Council approve an amendment to the former City of Cumberland Urban Zoning By-law to rezone 2127 Mer Bleue Road from Mg to Mg Block A for a temporary period of three years as detailed in Document 2.
TO ALTER 741 ACACIA AVENUE, A PROPERTY LOCATED IN THE ROCKCLIFFE PARK
HERITAGE CONsERVATION District, DESIGNATED UNDER
Committee recommendation as amended
That Council approve the alteration of 741 Acacia Avenue, a property designated under Part V of the Ontario Heritage Act and located in the Rockcliffe Park Heritage Conservation District, in accordance with the plans filed by Robert Martin, Architect as received on May 2, 2006, and as amended by the following recommendation from LACAC:
That plate glass windows and doors be used instead of the divided lights, to retain the transparency of the loggia entrance.
control - 68 kempster avenuE
That Council approve the demolition of a single-detached dwelling that has taken place at 68 Kempster Avenue and impose the following conditions:
1. The owner shall be required to submit to the Director, Planning and Infrastructure Approvals and Director, Buildings Services, a Record of Site Condition (RSC) completed in accordance with the O.Reg. 153/04 and acknowledged by the Ministry of Environment confirming that all or part of the site will be suitable for the proposed use in accordance with O.Reg. 153/04, as detailed in Document 1.
2. That a replacement building for 68 Kempster Avenue be substantially completed within five years from the date of this approval and in default thereof, the City Clerk shall enter on the collector’s roll the sum of $5,000.00 for each dwelling unit contained in the residential property demolished.
3. That until the time of construction of the replacement building, the registered owner shall seed/sod and maintain the property as open space, not use the property for other interim uses, and maintain the property in accordance with the Property Standards By-law.
4. That the owner enter into an agreement with the City of Ottawa including the forgoing conditions and pay all the costs associated with the registration of the said agreement. At such time as a building permit is issued to redevelop the site and the replacement building is in place, the agreement will become null and void and will be released upon request by the owner. The owner shall pay all costs associated with the registration of the release from this agreement.
5. That the approval be considered null and void if the provisions of Condition 4 above have not been fulfilled within six months of the date of approval.
15. URBAN NATURAL AREAS ENVIRONMENTAL EVALUATION STUDY ADDENDUM
- 2005 FIELDWORK RESULTS
That Council approve the Urban Natural Areas Environmental Evaluation Study, Addendum – 2005 Fieldwork Results Report (Muncaster and Brunton, March 2006).
PLANNING AND ENVIRONMENT COMMITTEE REPORT 52
That Council approve an amendment to the former City of Cumberland Urban Zoning By-law to change the zoning of 4366 Innes Road from Industrial Service Exception One Zone - MS1-X1 to Commercial Community Exception XX Zone - CC-XX as shown in Document 1 and as detailed in Document 2
TRANSPORTATION COMMITTEE REPORT 37
1. WAIVER TO THE ENCROACHMENT BY-LAW 2003-446 FOR 100 ISABELLA STREET AND 480 METCALFE STREET
That Council approve a waiver to Section 3(2) of the Encroachment By-law 2003-446, to allow the property owner at 100 Isabella Street and 480 Metcalfe Street to construct planters, as permanent surface encroachments, on the Isabella Street road allowance.
2. SPEED LIMIT REDUCTION FOR RIVERDALE AVENUE AND SUNNYSIDE AVENUE
That Council approve that the speed limit be changed for both Riverdale and Sunnyside Avenues from 50 km/hr to 40 km/hr.
3. WAIVER TO PROVISION 3(2) OF THE ENCROACHMENT BY-LAW 2003-446 TO PERMIT THE INSTALLATION OF A PEDESTAL STYLE CLOCK ON THE ROAD ALLOWANCE ADJACENT TO 303 AND 307 RICHMOND ROAD
That Council approve that Provision 3(2) of the Encroachment By-law 2003-446 be waived to permit the installation of a pedestal clock, within the road allowance adjacent to 303 and 307 Richmond Road subject to the following conditions:
1. That, the Rotary Club agrees to retain a bonded contractor to obtain a Road Cut Permit prior to commencing work in accordance with Section 2 of the Road Activity By-law 2003-445.
2. That, upon the completion of the clock installation the Rotary Club agrees to enter into a Permanent Encroachment Agreement for the clock and to pay associated annual fees as outlined in Schedule “A” of the Encroachment By-law 2003-446.
3. That, upon the completion of the clock installation the Rotary Club provide as-built drawings to illustrate location, elevations and material type of structures above and below grade.
4. That, the Rotary Club also provide the name, emergency telephone number, fax number and e-mail address of the contact for locate information for the electrical supply line in the event that emergency works are required in the City’s right-of-way.
TRANSPORTATION COMMITTEE REPORT 38
1. WaIVER TO THE CITY OF OTTTAWA ENCROACHMENT BY-LAW 2003-446 FOR 1124 BANK STREET
That Council approve the waiver of Provision 65 of the Encroachment By-law 2003-446, to permit an outdoor patio within thirty metres (30m) of a property zoned for residential use; and Provision 64 (b) of the Encroachment By-law 2003-446, to permit an outdoor patio adjacent to a 1.5 metre sidewalk.
2. PARA TRANSPO IN-HOUSE BID
That Council approve:
1. The process for managed competition described in this report that will allow for an in-house bid to be submitted for the up-coming Para Transpo contracts;
2. That Public Works and Services department establish an ‘In-House Bid Team’, which would include representatives of the Amalgamated Transit Union to prepare and submit ‘City bids’ for both van and non-accessible sedan Para Transpo service;
4. That budget of $100,000 be identified to cover the costs of the managed competition process: in particular to cover the cost of a Fairness Commissioner, financial analysis and assistance for the in-house team in bid preparation.
3. REPORT FROM JOINT GLEBE COMMUNITY ASSOCIATION / OLD OTTAWA SOUTH COMMUNITY ASSOCIATION ASSESSMENT COMMITTEE REGARDING TURN RESTRICTIONS IN THE GLEBE
1. Defer the implementation on the prohibition of right turns from northbound Bronson Avenue between Findlay Avenue and Renfrew Avenue and from eastbound Chamberlain Avenue to Imperial Avenue until the completion of an Area Traffic Management Study of Old Ottawa South as indicated in this report; and
2. Approve the short term proposals from this report to go into effect as soon as possible, subject to the National Capital Commission’s concurrence; and
3. Consider the funding of the Old Ottawa South Area Traffic Management Study during the budget deliberations for the 2008 Capital Budget.
4. TEMPORARY FEE REDUCTION FOR PATIO ENCROACHMENT FOR SECOND CUP COFFEE SHOP AT 1091 BANK STREET
That Council approve:
1. That the business located at 1091 Bank Street be charged the boulevard rate under by-law 2003-446 for their seasonal patio encroachment.
2. That the approval of this reduced rate associated with these temporary encroachments continue until the completion of the Sunnyside Avenue Water Main Rehabilitation Project is completed, including restoration of road surface.
10. Motion to Adopt Committee Reports
(Councillors J. Harder and J. Legendre)
11. Motions of Which Notice has been Given Previously
Moved by Councillor M. McRae
Seconded by Councillor C. Doucet
WHEREAS the construction of the Light Rail Transit (“LRT”) System will, “in the course of the constructing, reconstructing, changing, altering or improving” both Slater Street and Albert Street, require the relocation of City and non-City utilities (the “Downtown Utilities”) in the downtown area;
AND WHEREAS the construction of the LRT System will also require the relocation within the O-Train Corridor of three non-City utilities (“the Corridor Telecoms”);
AND WHEREAS the Public Service Works on Highways Act (the “Act”) establishes a cost-sharing formula for the relocation of utilities within the road allowance, which is that the City pay 50% of the cost of labour and the utility pay all other costs;
AND WHEREAS the Act provides for an alternative cost-sharing formula, by way of an agreement for utilities within the road allowance, which in Ottawa’s case is a Municipal Access Agreement (“MAA”);
AND WHEREAS Ottawa has MAAs with some of the utility companies which must be relocated;
AND WHEREAS the cost-sharing for the three Corridor Telecoms is determined by License Agreement, which requires that each Telecom pay between 90% and 100% of the relocation costs;
THEREFORE BE IT RESOLVED that:
1. With respect to the Downtown Utilities, Council direct City staff to:
(a) Give notice to each of the utilities pursuant to the Act or the MAA, as applicable, that relocation is required; and
(b) Require those utilities to pay for the relocation.
2. With respect to Corridor Telecoms, Council direct City staff to:
(a) Give notice to each of the Telecoms pursuant to the respective License Agreement that relocation is required; and
(b) Require these three Telecoms to pay for the relocation costs in accordance with respective License Agreements by which each occupies the O-Train Corridor.
Moved by Councillor A. Cullen
Seconded by Councillor J. Legendre
WHEREAS the City of Ottawa, consistent with provincial legislation, publishes the list of employees earning $100,000 or more;
THEREFORE City Council, as Shareholders direct Hydro Ottawa Holding Inc. to publish such a list.
12. Notices of Motion (For Consideration at Subsequent Meeting)
13. Motion to Introduce By-laws
(Councillors J. Harder and J. Legendre)
First and Second Readings
A by-law of the City of Ottawa to provide for the improvement of drainage works in the City of Ottawa - Modification of the O’Keefe Municipal Drain.
a) A by-law of the City of Ottawa to amend By-law No. 50 of 2000 respecting the purchasing of goods, services and construction for the City of Ottawa.
b) A by-law of the City of Ottawa to establish dates for an advance vote in the 2006 municipal election and for reduced hours of operation on advance vote days in certain senior and care facilities.
c) A by-law of the City of Ottawa to provide for reduced opening hours on voting day for certain institutions and retirement homes in the City of Ottawa.
d) A by-law of the City of Ottawa respecting the protection and maintenance of trees and natural areas on municipal property.
e) A by-law of the City of Ottawa to designate 56, 58, 60 and 62 Friendly Crescent, as being exempt from Part Lot Control.
f) A by-law of the City of Ottawa to designate 1785 Marchurst Road, as being exempt from Part Lot Control and to repeal By-law No. 2006-274
g) A by-law of the City of Ottawa to stop up and close part of the James Lewis Avenue turning circle on Registered Plan 4M-688.
h) A by-law of the City of Ottawa to dedicate and lay out certain land as common and public highway (Woodstream Drive).
i) A by-law of the City of Ottawa to amend By-law No. 40-99 of the former Township of Goulbourn to change the zoning for the property known municipally as 1685 Stittsville Main Street.
j) A by-law of the City of Ottawa to amend By-law Number 93-98 of the former City of Ottawa to change the zoning for the property known municipally as 30 Chamberlain Street.
k) A by-law of the City of Ottawa to amend By-law Number 164-93 and By-law Number 74-79 of the former City of Kanata to change the zoning for the properties known municipally as 870 March Road and parts of 1001 and 1045 Klondike Road.
l) A by-law of the City of Ottawa to amend By-law Number 93-98 of the former City of Ottawa to change the zoning for the properties known municipally as 2400 and 2420 Bank Street.
m) A by-law of the City of Ottawa to amend By-law No. 1-84 of the former City of Cumberland to change the zoning for the property known municipally as 2127 Mer Bleue Road.
n) A by-law of the City of Ottawa to amend By-law No. 1-84 of the former City of Cumberland to change the zoning for the property known municipally as 4366 Innes Road.
o) 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.
p) A by-law of the City of Ottawa to stop up, close and authorize the sale of Part of the Road Allowance between Concessions 1 & 2 known as Oak Creek Road.
q) A by-law of the City of Ottawa to stop up and close the untravelled portion of Comstock Road located south of Algoma Road and west of Star Top Road.
r) A by-law of the City of Ottawa to amend By-law No. 333 of 1999 of the former City of Gloucester to change the zoning for the property known municipally as 1215 Rainbow Street.
s) A by-law of the City of Ottawa to amend By-law Number 135-93 of the former City of Kanata to change the zoning for the property known municipally as 80 Terence Matthews Crescent.
t) A by-law of the City of Ottawa to provide for a Municipal Housing Project Facility at 855-857 and 859-861 Pinecrest Road.
14. Confirmation By-law (Councillors J. Harder and J. Legendre)
16. Adjournment (Councillors J. Harder and J. Legendre)
Simultaneous interpretation of these proceedings is available. Please speak to the attendant at reception.