OTTAWA CITY COUNCIL

28 November 2007

ANDREW S. HAYDON HALL

10:00 a.m.

 

DISPOSITION 25

 

 

Committee Reports

 

AGRICULTURE AND RURAL AFFAIRS COMMITTEE REPORT 14

 

 

1.             CAPITAL CITY SPEEDWAY ENDORSEMENT FOR LIQUOR SALES LICENSE (STADIUM) APPLICATION

 

 

COMMITTEE recommendation

 

That Council endorse the application by Capital City Speedway for a Liquor Sales License (Stadium) Application as is required by the Alcohol and Gaming Commission of Ontario.

 

                                                                                                            CARRIED

 

 

AGRICULTURE AND RURAL AFFAIRS COMMITTEE REPORT 15

 

 

1.             ZONING - 4221 MOODIE DRIVE

 

 

COMMITTEE recommendation

 

That Council approve an amendment to the former City of Nepean Rural Area Zoning By-law to change the zoning of 4221 Moodie Drive from RU (Rural Agricultural Zone) to RU Block "E"-H (Rural Agricultural--Block "E"--Holding Zone) as detailed in Document 2.

 

                                                                                                            CARRIED

 

 

2.             NEW GROWTH PROJECTIONS FOR 2006-2031: ADOPTION OF REFERENCE PROJECTION AS BASIS FOR OFFICIAL PLAN REVIEW

 

 

AGRICULTURE AND RURAL AFFAIRS COMMITTEE RECOMMENDATION AND

PLANNING AND ENVIRONMENT COMMITTEE recommendation                                    

 

That Council adopt the Reference Projection of approximately 1,136,000 population, 496,000 households and 703,000 jobs in the City of Ottawa by 2031 as the basis for the Official Plan and related Master Plans review.

 

                                                                                                            CARRIED

 

 

COMMUNITY AND PROTECTIVE SERVICES COMMITTEE REPORT 17

 

 

1.             CRIME PREVENTION OTTAWA – ACTION REPORT 2006-2007, REPORT ON OUTCOMES OF THE 2006 CRIME PREVENTION OTTAWA PROJECT FUNDING AND THE REPORT ON COMMUNITY FUNDING ALLOCATIONS 2007

 

 

COMMITTEE RECOMMENDATION

 

That Council receive the attached reports (Document 1, Document 2 and Document 3) for information.

 

                                                                                                            RECEIVED

 

 

 

2.             BY-LAWS – DESIGNATED SPACE PROGRAMME – ROADWAY/SIDEWALK VENDING - AMENDMENTS

 

 

COMMITTEE RECOMMENDATIONS AS AMENDED

 

That Council repeal the existing Designated Space Programme By-law 300-96, as amended, and enact a new Designated Space Programme By-law to reflect existing regulations and to revise certain administrative provisions as detailed in Document 1, to :

 

1.         Up-date Designated Space Programme Committee powers and appeal process provisions;

2.         Up-date Schedules that lists designated spaces and to repeal a number of vacant spaces; 

3.         Repeal the current method of allocation (proposal call); 

4.         Establish a lottery process to allocate vacant spaces at the discretion of the Chief License Inspector;

5.         Establish a three year permit period;

6.         Establish new permit fees and new installment payment provisions;

7.         Allow a permit holder to transfer the permit to an immediate family member without the condition that the permit holder be unable to continue to operate the business;

8.         Delegate authority to the Chief License Inspector to transfer a permit if so directed by a Court decision;

9.         Impose on the permit holder the responsibility of the actions of his or her employees; and

10.       Incorporate the necessary minor administrative amendments, including but not limited to the addition of definitions, renumbering of the sections, incorporating the necessary transition provisions, and correcting other minor errors, to accommodate and give full effect to the amendments outlined in the recommendations and attached proposed by-law.

 

11.       WHEREAS the proposed by-law wording prescribes that an applicant wishing to participate in the lottery aimed at determining successful qualified candidates for original designated space permits has to be the person vending at the designated space at least 50% of the time; and the proposed by-law requires that licensees of certain on-street and on-sidewalk vending categories to operate the vending operation at least 50% of the time;

 

AND WHEREAS the intent of the above noted by-law sections were meant to capture only new permit holders and licensees of the relevant classes as they enter the designated space programme;

 

AND WHEREAS the sections as currently worded would effectively require all designated space permit holders to operate at the vending location at least 50% of the time vending occurs at the space, thereby creating a broader impact than originally intended;

 

AND WHEREAS this unintended broad impact was not raised during public consultation;

 

AND WHEREAS the requirements can be brought forward at a later date if deemed appropriate;

 

THEREFORE BE IT RESOLVED THAT Council delete Section 21 (3) (vi) of the proposed Designated Space Programme By-law.

 

12.       WHEREAS the Business Advisory Committee (BAC) at its meeting of November 13, 2007 moved to approve the staff recommendations subject (in part) to the following recommendation being considered:  “That Designated Space Permit Holders not be permitted to obtain another designated space permit thereby opening the industry to people who do not currently hold a permit.”

 

AND WHEREAS Community and Protective Services does not object to the suggestion and proposes the amendment noted below to give effect to the BAC recommendation by making it a requirement that an applicant for the lottery to allocate designated space permits cannot already be a designated space permit holder;

 

THEREFORE BE IT RESOLVED that Council amend the proposed by-law attached as Document 1 of the report to include the following after section 21. (3) (iii) (C):

 

“21. (3) (iii) (D) to not be a Designated Space Permit Holder.

 

                                                                                                            CARRIED

 

 

 

3.             LICENSING BY-LAW - Itinerant Sellers Harmonization

 

 

COMMITTEE RECOMMENDATIONS AS AMENDED

 

That Council:

 

1.         Approve amendments to the Licensing By-law No. 2002-189, as amended, to come into effect April 15, 2008, as detailed in Document 1, as follows:

(a)               provide for the necessary administrative amendments, including but not limited to new definitions and related license categories, fees and expiry dates, as well as transition provisions;

(b)               establish harmonized regulations for the licensing and regulating of Itinerant Sellers; and,

(c)                exempt the following rural wards, as determined by the Rural Affairs Office, from the licensing provisions of this schedule at this time: Cumberland Ward 19, Osgoode Ward 20, Rideau – Goulbourn Ward 21, West Carleton-March Ward 5.

 

2.         Repeal the relevant by-laws of the former municipalities related to itinerant vending.

 

3.         WHEREAS the proposed by-law wording in By-Laws – Designated Space Programme – Roadway/Sidewalk Vending - Amendments (ACS2007-CPS-BYL-0053) prescribes that an applicant wishing to participate in the lottery aimed at determining successful qualified candidates for original designated space permits has to be the person vending at the designated space at least 50% of the time; and the proposed by-law in this report requires that licensees of certain on-street and on-sidewalk vending categories to operate the vending operation at least 50% of the time;

 

AND WHEREAS the intent of the above noted by-law sections were meant to capture only new permit holders and licensees of the relevant classes as they enter the designated space programme;

 

AND WHEREAS the sections as currently worded would effectively require all designated space permit holders to operate at the vending location at least 50% of the time vending occurs at the space, thereby creating a broader impact than originally intended;

 

AND WHEREAS this unintended broad impact was not raised during public consultation;

 

AND WHEREAS the requirements can be brought forward at a later date if deemed appropriate;

 

THEREFORE BE IT RESOLVED THAT Council delete Section 16 (2) of the proposed Schedule 21 relating to Itinerant Sellers.

 

4.         That the relevant portions of Document 1 of the staff report, as indicated below, be amended to:

a)         Add to Sections 1(1)(d) and 1(1)(e) of Schedule 21 relating to Itinerant Sellers, immediately after the word “days” in each, the following:  “and includes a flower vendor.”

b)         Delete Section 2(4)(c) of Schedule 21 relating to Itinerant Sellers

c)         Add to Section 16 of Schedule 21 relating to Itinerant Sellers, under General Regulations, the following: “(2)  No licensee shall fail to relocate his or her itinerant vending operation if requested to do so by Chief License Inspector or Peace Officer.”

 

                                                                                                            CARRIED

 

 


 

 

4.             LICENSING BY-LAW – MOBILE REFRESHMENT VENDING – VEHICLES, CARTS AND STANDS – HARMONIZATION

 

 

COMMITTEE RECOMMENDATIONS AS AMENDED

 

That Council:

 

1.         Approve amendments to the Licensing By-law No. 2002-189 as amended, to come into effect April 15, 2008, as detailed in Document 1, as follows:

(a)               provide for the necessary administrative amendments, including but not limited to new definitions and related license categories, fees and expiry dates, as well as transition provisions;

(b)               incorporate Schedule 22 relating to Mobile Refreshment Vehicles;

(c)                incorporate Schedule 23 relating to Mobile Canteens;

(d)               incorporate Schedule 24 relating to Mobile Refreshment Carts;

(e)               incorporate Schedule 25 relating to Refreshment Stands;

 

2.         Subject to the approval of Recommendation 1, exempt the following rural wards, as determined by the Rural Affairs Office, from the licensing provisions of these schedules at this time:  Cumberland Ward 19, Osgoode Ward 20, Rideau – Goulbourn Ward 21, West Carleton-March Ward 5;

 

3.         Approve amendments to the Vendors on Highway By-law Number 2005-358 to permit “Mobile Canteens” to operate on or from highways for a maximum of thirty (30) minutes per day, as long as the majority of their vending is conducted on private property;

 

4.         Repeal the relevant by-laws of the former municipalities related to refreshment vending;

 

5.         WHEREAS the proposed by-law wording in Designated Space Programme – Roadway/Sidewalk Vending - Amendments (ACS2007-CPS-BYL-0053) prescribes that an applicant wishing to participate in the lottery aimed at determining successful qualified candidates for original designated space permits has to be the person vending at the designated space at least 50% of the time; and the proposed by-law in this report requires that licensees of certain on-street and on-sidewalk vending categories to operate the vending operation at least 50% of the time;

 

AND WHEREAS the intent of the above noted by-law sections were meant to capture only new permit holders and licensees of the relevant classes as they enter the designated space programme;

 

AND WHEREAS the sections as currently worded would effectively require all designated space permit holders to operate at the vending location at least 50% of the time vending occurs at the space, thereby creating a broader impact than originally intended;

 

AND WHEREAS this unintended broad impact was not raised during public consultation;

 

AND WHEREAS the requirements can be brought forward at a later date if deemed appropriate;

 

THEREFORE BE IT RESOLVED THAT Council delete Sections 14 (3) and 14 (16) of the proposed Schedule 22 relating to Mobile Refreshment Vehicles; and Section 16 (5) of the proposed Schedule 24 relating to Mobile Refreshment Carts.

 

6.         That the relevant portions of Document 1 of the staff report, as indicated below, be amended to:

a)         Delete from the definition of “refreshment stand” in the proposed amending by-law, the following words:  “but shall not include a mobile refreshment vehicle, a mobile refreshment cart or a mobile canteen”;

b)         Delete from Section 1(1)(a) of Schedule 25 relating to Refreshment Stands, the word “pub” and add immediately after “or”, the following:  “public property from May 15th to May 14th of the following year.”;

c)         Add to Section 2(1) of Schedule 25 relating to Refreshment Stands, the following: “(f) a trailer licensed under Schedule 22 relating to Mobile Refreshment Vehicles.”

d)         Amend, in the proposed amending by-law, the fee for “License “D” Special Event (1-21 Days)” under Mobile Refreshment Vehicle to read “175.00”.

 

7.         That the relevant sections of Schedules 22 and 24 be amended to reflect hours of operation of 5:30 a.m. to 11:00 p.m.

 

                                                                                                            CARRIED

 

 


 

 

5.             ANIMAL CONTROL TRIBUNAL – ADDITIONAL APPOINTMENT

 

 

COMMITTEE RECOMMENDATION

 

That Council approve that the relevant provisions of the Animal Care and Control By-law 2003-77 be amended to designate, effective December 1, 2007, the Director, Building Code Services Branch, as an alternate to serve as the Animal Control Tribunal to hear appeals to muzzle orders issued pursuant to the by-law.

 

                                                                                                            CARRIED

 

 

 

6.             hABITUAL PROBLEM LANDLORDS – RESPONSE TO INQUIRY 03-07

 

 

COMMITTEE RECOMMENDATION AS AMENDED

 

That Council approve the following:

 

WHEREAS Rideau-Vanier, Somerset and Kitchissippi Wards have a Task Force established to deal with habitual problem properties;

 

AND WHEREAS the identified properties have been a problem for a number of years and receive excessive calls for service at an extensive cost to the City;

 

THEREFORE BE IT RESOLVED THAT By-law Services adopt a no tolerance approach for Rideau-Vanier, Somerset and Kitchissippi Wards;

 

AND BE IT FURTHER RESOLVED that By-law Services be directed to give the shortest permissible timelines for notices of violations;

 

AND BE IT FURTHER RESOLVED that when there is non-compliance of an order that By-law Services move automatically with a charge.

 

                                                                                                            CARRIED

 

 


COMMUNITY AND PROTECTIVE SERVICES COMMITTEE REPORT 17A (IN CAMERA)

 

 

1.             RAY FRIEL RECREATION COMPLEX – TERMINATION AGREEMENT WITH SERCO FACILITIES MANAGEMENT INC. AND FUTURE OPERATING MODEL – IN CAMERA – THE RECEIVING OF ADVICE THAT IS SUBJECT TO SOLICITOR-CLIENT PRIVILEGE, AND, SECURITY OF THE PROPERTY OF THE CITY – REPORTING OUT DATE:  NOVEMBER 28, 2007

 

 

COMMITTEE RECOMMENDATION

 

That Council :

 

Termination Agreement

 

1.                  Approve the terms negotiated between the City and Serco Facilities Management Inc. for the termination of the current agreement for the management and operation of the Ray Friel Complex to be effective at midnight on December 31, 2007, and as detailed in this report.

2.                  Approve a one-time payment of $1,763,300 (plus GST/PST) to Serco Facilities Management Inc as per the terms of termination between the parties detailed in Document 1.

3.                  Authorize the Deputy City Manager of Community and Protective Services to finalize negotiations, conclude, in conjunction with the City Solicitor, the termination agreements, and execute them with Serco Facilities Management Inc.

 

FUTURE OPERATING MODEL

 

4.                  Approve the service delivery model for the Ray Friel Recreation Complex as outlined in this report.

5.                  Approve annual funding of $1,300,000 to cover the net recreation programming and facility operating costs of the Ray Friel Complex under the recommended service delivery model.

6.                  Approve annual funding of $1,200,000 for the repayment of the outstanding debt on the 2004 expansion of the Complex.

7.                  Authorize the creation of the full-time and part-time positions required for the operation of the Ray Friel Recreation Complex to a maximum total of 69 FTE’s.

8.                  Approve one-time funding of $446,000 for transitional costs associated with the change in service delivery model.


9.         Issue a Request for Proposals (RFP) in January 2008 for a five (5) year contract for a professional arena management group to continue to operate the ice pads under a market driven model.

 

                                                                                                            CARRIED

 

 

CORPORATE SERVICES AND ECONOMIC DEVELOPMENT COMMITTEE REPORTS 17

 

     

1.             OFFICE OF THE AUDITOR GENERAL - BILL 130 - REVISED MANDATE

 

 

Committee RecommendationS AS AMENDED

 

That Council:

 

1.         Aapprove the changes to the mandate of the Office of the Auditor General recommended in the following reportby deeming the City’s current Auditor General to be the statutory auditor general for the purposes of Part V.1 of the Municipal Act, 2001, as amended.

 

2.         Grant the required two-year extension to the current term of the Auditor General, bringing it to 31 December 2013.

 

3.         Recommend that a future Council consider that the term of the next Auditor General be set at ten-years non-renewable.

 

4.         Consider the creation of an Audit Committee as a Sub-Committee of the Corporate Services and Economic Development Committee in the mid-term Governance Review.

 

5.         Approve that the reporting protocol for the Annual Report be as follows:

 

a)   Notice of Tabling of Annual Report with Council;

b)   Tabling at following meeting of Council and initial questions;

      i.     Release of the Annual Report to the media will occur under embargo on the morning of tabling,

     ii.     Concurrent with the release to the media, the AG and senior staff will provide a briefing session, open to the media and the public, on the Annual Report for all Councillors,

    iii.     Following tabling of the report, the AG and senior staff will be available to answer any further questions from Council or the media;

c)   Referral of the Annual Report to the appropriate Standing Committee to allow for public delegations only;

d)   Referral of the report resulting from the Standing Committee to subsequent Council meeting where the Auditor General will be available for final questions; and,

e)   Referral to the appropriate Committee for on-going monitoring.

 

6.         Approve that, for any audit of a confidential nature being conducted by the Auditor General (e.g. as a result of a Fraud and Waste Hotline call), the resulting audit report be provided to Council at an in camera session coinciding with the release of the Auditor General’s Annual Report.

 

7.         Direct that those audit reports completed during 2006 which were not presented to Council be provided as part of the 2007 Annual Report in accordance with the reporting protocol for confidential reports outlined in Recommendation 6.

Recommendation 5

 

That Council approve the creation of an Audit Committee as a Standing Committee of Council.

 

Recommendation 6

 

That the reporting protocol for the Annual Report be established as follows:

 

Notice of Tabling of Annual Report with Council;

Tabling at following meeting of Council meeting and initial questions;

Release of the Annual Report to the media will occur under embargo on the morning of tabling,

Concurrent with the release to the media, the AG and senior staff will provide a briefing on the Annual Report for all Councillors,

Following tabling of the report, the AG and senior staff will be available to answer any further questions from Council or the media;

Referral of the Annual Report to the Audit Committee to allow for public delegations only;

Referral of the report resulting from the Audit Committee to subsequent Council meeting where the Auditor General will be available for final questions; and,

Referral to the Audit Committee for on-going monitoring.

 

Recommendation 7

 

That, should a Fraud and Waste Hotline call result in an audit of a confidential nature being conducted by the Auditor General, the resulting audit report be provided to Council at an in camera session coinciding with the release of the Auditor General’s Annual Report.

 

 

8.         Direct the inclusion of a separate audit report of the financial accounts of the Office of the Auditor General within the annual external audit of the City’s financial statements.

 

                                                                                                            CARRIED

 

 

9.         Consider an increase in the remuneration of the Auditor General position, effective in 2008, in accordance with the salary scale established for the Deputy City Manager position and that progression within the pay-band for the position be set at an annual rate of 5%, subject to the AG successfully completing the annual audit plan.

 

                                                                                                            RECEIVED

 

 

 

2.             MEMBER SERVICES COMMITTEE

 

 

Committee RecommendationS as amended

 

That Council approve:

 

1.         The establishment of the Member Services Sub-committee with a panel of seven (7) members of Council, a minimum of four (4) of which shall also be members of the Corporate Services and Economic Development Committee;

 

2.         That four (4) members of this panel shall form quorum for the Member Services Sub-committee;

 

3.         That the members of the Members Services Sub-committee be Councillors Eli El-Chantiry, Maria McRae, Diane Deans, Rick Chiarelli, Christine Leadman, Alex Cullen and Peggy Feltmate; and

 

4.         That the Member Services Sub-committee be tasked with establishing clarity around a Code of Conduct for Members of Council; and report back to the Corporate Services and Economic Development Committee and Council.

 

                                                                                                            CARRIED

 

 

 

3.             ACCOUNTABILITY AND TRANSPARENCY POLICY

 

 

Committee Recommendation

 

That Council approve the Accountability and Transparency Policy attached in Document 1.

 

                                                                                                            CARRIED

 

 

 

4.             DELEGATION OF POWERS POLICY

 

 

Committee Recommendation

 

That Council approve the Delegation of Powers Policy attached in Document 1.

 

                                                                                                            CARRIED

 

 

 

5.             CLOSED MEETINGS AND MEETINGS INVESTIGATOR

 

 

Committee Recommendations

 

That Council approve that:

 

1.         The Procedure By-law be amended to incorporate the Notice provisions for City Council meetings, in accordance with the requirements of Municipal Act, 2001 as outlined in Appendix D;

 

2.         The City appoint a Meetings Investigator for the City of Ottawa pursuant to Section 239 of the Municipal Act, 2001;

 

3.         The City Solicitor be delegated the authority to hire the Meetings Investigator in accordance with the criteria outlined in this report, and prepare an appointment by-law and agreement; and

 

4.         The interim process for accepting and investigating complaints outlined in this report be adopted and publicized pending the development of a formal process to be brought forward by the Meetings Investigator in early 2008.

 

                                                                                                            CARRIED

 

 


 

6.             BILL 130 - A REVIEW OF OTTAWA'S
AGENCIES, BOARDS, COMMITTEES AND COMMISSIONS

 

 

Committee Recommendation

 

That Council receive this report for information.

 

                                                                                                            RECEIVED

 

 

 

7.             REVISED REPORTING TO COUNCIL FOR PURCHASING ISSUES

 

 

Committee Recommendation

 

That Council approve that By‑law No. 50 of 2000, the Purchasing By-law, be amended in the form contained in Document 1 to revise the reporting to City Council for purchasing contracts.

 

                                                                                                            CARRIED

 

 


 

 

8.             TAX EXEMPTION FOR LAND USED AND OCCUPIED BY VETERANS
FOR MEMORIAL HOME, CLUBHOUSE OR ATHLETIC GROUNDS

 

 

Committee RecommendationS

 

That Council:

 

1.         Enact a by-law in the form attached as Document 2 to exempt certain veterans organizations from all municipal property taxes including the school portion of such taxes for a period of ten years commencing in the 2008 taxation year, and

 

2.         Subject to the approval of paragraph (a), the existing by-laws that exempt such veterans organizations from only the municipal portion of the taxes be repealed as of January 1, 2008.

 

                                                                                                            CARRIED

 

 

 

9.             MUNICIPAL CAPITAL FACILITY AGREEMENT - OTTAWA
COMMUNITY HOUSING CORPORATION'S HEAD OFFICE - 39 AURIGA DRIVE

 

 

Committee RecommendationS

 

That Council approve:

 

1.         The designation of the Ottawa Community Housing Corporation (OCHC) head office municipally known as 39 Auriga Drive, as a Municipal Capital Facility as permitted under section 110 of the Municipal Act, as amended, and Ontario Regulation 603/06, as amended;

 

2.         The authorization that property taxes, both municipal and education, be exempted under the Municipal Capital Facilities Agreement;

 

3.         That this designation be implemented by way of a standard form Municipal Capital Facilities Agreement with the Ottawa Community Housing Corporation and subsequent enactment of a by-law in accordance with the requirements of the Municipal Act, as amended, drafts of which are attached to this report as described in documents 1 and 2; and 

 


4.         That the City Treasurer be delegated the authority to finalize and execute the Municipal Capital Facilities Agreement on behalf of the City. 

 

                                                                                                            CARRIED

 

 

 

10.          OPERATING STATUS REPORT - SEPTEMBER 30, 2007

 

 

Committee Recommendation

 

That Council receive this report for information.

 

                                                                                                            RECEIVED

 

 

 

11.          RECYCLE CONTAINERS AT CITY LOCATIONS -
RESPONSE TO 27 JUNE 2007 MOTION OF COUNCIL

 

 

Committee Recommendations as amended

 

That Council:

 

1.         Receive this report for information, and

 

2.         That staff be directed to proceed with increased recycling at City Hall and other City facilities to a limit of $80,500.

 

                                                                                                            CARRIED

 

 

 

12.          2008 CITY OF OTTAWA MUNICIPAL ACCESSIBILITY PLAN

 

 

Committee Recommendations

 

That Council approve:

 

1.         Subject to the 2008 budget process, the 2008 City of Ottawa Municipal Accessibility Plan (COMAP) for implementation, as required by the Province’s Accessibility for Ontarians with Disabilities Act, 2005 (AODA); and

 


2.         Subject to the 2008 budget process, the human resourcing required to support compliance with new provincially legislated accessibility standards by establishing of a full time position located in Client Services and Public Information branch, Business Transformation Services, with primary responsibilities as outlined in this report.

 

                                                                                                            CARRIED

 

 

 

13.          ABANDONMENT OF EXPROPRIATION AND PROPERTY ACQUISITION -
4386 RIDEAU VALLEY DRIVE

 

 

Committee Recommendations

 

That Council:

 

1.         Declare that seven (7) parcels of vacant land, consisting of approximately 3184.5 m2, (34,278.0 ft2) being parts of Lots 1 and 2, Concession 1, Rideau Front, and Parts of Lot 2, Concession 2, Rideau Front, geographic Township of Nepean, now in the City of Ottawa, described as Parts 1, 2, 3, 4, 5, 6 and 7 on Expropriation Plan CR632213, as shown on Annex "A" attached, be hereby abandoned;

 

2.         Approve the acquisition of a parcel of vacant land, consisting of approximately 653.6 m2 (7035.4 ft2), in the geographic Township of Nepean, now in the City of Ottawa as shown on Annex "B" attached to this report required for the widening and rehabilitation of the intersection at Rideau Valley Drive and Bankfield Road, from Percy Neil Stinson for the total consideration of $32,010.00 plus reasonable professional fees (legal, appraisal,) related to this transaction.

 

                                                                                                            CARRIED

 

 


 

 

14.          SURPLUS SCHOOL PROPERTIES - 3071 RIVERSIDE DRIVE AND 2720 RICHMOND
ROAD - OWNED BY THE OTTAWA-CARLETON DISTRICT SCHOOL BOARD

 

 

Committee Recommendations AS AMENDED

 

That Council approve:

 

1.         That staff be given direction to pursue the acquisition of 3071 Riverside Drive and 2720 Richmond Road from the Ottawa-Carleton District School Board within the parameters established by Committee and Council;

 

2.         That staff be directed to return with an appropriate redevelopment plan for these two properties in 2008, should the acquisitions be finalized; and

 

3.         That staff be directed to provide a funding recommendation to Council at its next meeting.

 

CARRIED as amended by the following motion:

 

MOTION

 

Moved by Councillor M. McRae

Seconded by Councillor A. Cullen

 

WHEREAS, on November 20, 2007, the Corporate Services and Economic Development Committee in considering the above matter recommended to Council that staff be directed to provide a funding recommendation to Council when Council considered this matter;

 

AND WHEREAS the City Treasurer advised the Committee that should the matter be approved by Council she would need to be given authority to issue debt to provide funding for the two acquisitions;

 

THEREFORE BE IT RESOLVED THAT:

 

1.         Council authorize the issuance of debt to fund the two approved acquisitions, should the acquisitions be finalized within the parameters established by Committee and Council.

 

                                                                                                            CARRIED

 

 

     

15.          MAPLE GROVE WORKS OPERATION WITHIN KANATA WEST CONCEPT PLAN

 

 

Committee Recommendations AS AMENDED

 

That Council approve:

 

1.         Confirmation that a minimum 16 acre parcel will be retained by the City for the continued operation and redevelopment of the Public Works and Services (PWS Works Facility) at 1655 Maple Grove; and

 

2.         That staff be directed to bring forward a report to the Corporate Services and Economic Development Committee by Q4 2009 on the proposed disposition of “Parcel 3” with options for the proceeds of the sale to be applied to the debt-financing fund used for the construction and relocation for the works operation on the property or that it be used for fund the site acquisition, design and construction of the alternate snow dump.

 

                                                                                                            CARRIED

 

 

     

16.          MANOTICK MILL QUARTER - THE PROPOSED ACQUISITION OF LAND

 

 

Committee Recommendations

 

That Council:

 

1.         Approve the establishment of a Manotick Mill Quarter Corporation (holding company), as described in this report, in accordance with the Business Case Study set out in Document 1 attached hereto;

 

2.         Approve the acquisition in fee simple of two (2) parcels of land consisting of a combined land area of approximately 4056 sq. m. owned by the Rideau Valley Conservation Authority (RVCA) and known as the Dickinson House, the Carriage House and Weaver’s House being Parcel “A” and the Ayer’s Building being Parcel “B”, as shown on the Annex “A” sketch attached to this report, for the consideration of $1,400,000 plus GST subject to final adjustments on closing and the following condition. The RVCA would be required to enter into a heritage easement agreement with the City for the Watson’s Mill property, being Parcel “C”, as shown on the Annex “A” sketch attached to this report, and to agree to transfer the Watson’s Mill property to Watson’s Mill Manotick Inc. for $1 subject to the City being provided with an option to purchase this property for $1 if Watson’s Mill Manotick Inc. at any time offers the Mill property for lease or sale;

 

3.         Approve the acquisition in fee simple of a 2144 sq. m. parcel of land, owned by the Estate of Anna Dorothy Clapp, described as Part of Lot 1, Concession A, Broken Front, North Gower; Part Lot 1 N/S Bridge Street, Plan 15 As In NG13177; City of Ottawa (PIN: 03903-1114) and being Parcel “D” as shown on the Annex “A” sketch attached to this report, for the consideration of $590,000 plus GST subject to final adjustments on closing;

 

4.         Approve the acquisition in fee simple of a 1648 sq. m. parcel of land, owned by Maurice Holloway, described as Part of Lot 1, Concession A, Broken Front, North Gower, As In NG10893; City of Ottawa (PIN: 03903-1158) and being Parcel “E” as shown on the Annex “A” sketch attached to this report, for the consideration of $250,000 plus GST subject to final adjustments on closing;

 

5.         Approve the transfer of the properties, shown as Parcels “A”, “B”, “D” & “E” on the Annex “A” sketch attached to this report to the Manotick Mill Quarter Corporation subject to the repayment and heritage and easement conditions and the public use covenants set out more particularly in Document 2 of this report;

 

6.         Direct staff to continue to pursue with Watson’s Mill Manotick Inc., Energy Ottawa and Parks Canada, the potential for and economic viability of generating electrical power at Watson’s Mill; and

 

7.         Approve a grant to Dickinson Heritage Management Inc. (DSHMI) in an amount not to exceed $25,000 to be used to offset the actual costs incurred by DSHMI in the preparation of its business plan as described in this report. 

 

                                                                                                            CARRIED

 

 

 

17.          COMMUNITY CONCERT HALL

 

 

Committee Recommendation as amended

 

That Council consider the Community Concert Hall report at its November 28, 2007 meeting.

 

MOTION

 

Moved by Councillor M. Wilkinson

Seconded by Councillor M. McRae

 

BE IT RESOLVED THAT the Chamber Music Society be granted an extension to February 28, 2008 to raise funds for the Concert Hall.

 

                                                                                                            CARRIED

 

 

18.          CITY OF OTTAWA SUPPORT FOR OTTAWA
CONGRESS CENTRE REDEVELOPMENT PROJECT

 

 

Committee Recommendations as amended

 

That Council:

 

1.         Support the Ottawa Congress Centre (OCC) planned reconstruction and expansion as a Strategic Priority Initiative and reconfirm City Council’s commitment as per Motion No. 57/4 (Document 1) to provide $25 million for the capital construction costs to be financed by a debenture in that amount;

 

2.         Contribute an additional $15 million as a Strategic Priority Initiative for the OCC’s planned reconstruction and expansion and authorize debt financing in the same amount, subject to Council’s deliberations of the 2008 budget;

 

3.         Withdraw its total funding contribution of $40 million to the OCC project if the City has not received written confirmation that all project funding is secured and a conditional building permit has been released for the project by December 31st 2008; and

 

4.         Delegate responsibility to the City Manager to negotiate, approve and execute a contribution funding agreement with the OCC upon satisfactory completion of conditions that include but are not limited to the following:

a.   The City receiving from the Government of Ontario its assurance, in a form satisfactory to the City, that the Province is the sole owner of the OCC and assumes the continuing full and final financial responsibility for the OCC, as it is currently constituted or any permitted successor thereof.

b.   The City receiving written confirmation from the Government of Ontario that it has issued to the OCC $30 million for the reconstruction of the Ottawa Congress Centre in keeping with its previous funding commitment.

c.   The City receiving a copy of the fully executed funding agreement between the OCC and the Government of Ontario detailing and committing its additional $20 million contribution to the project.

d.   The City receiving a copy of the fully executed funding agreement between the OCC and the Federal Government detailing and committing its $50 million contribution to the project.

e.   The City receiving written confirmation from the OCC that sufficient debt financing from their lenders of no less than $30 million to an upset of $40 million, over and above the Municipal, Provincial and Federal Government project funding requested herein, has been unconditionally committed and will be secured by the Government of Ontario for the Ottawa Congress Centre project.

f.    The City receiving executed legal agreements between the OCC and organizations such as the Ottawa Airport Authority (OAA) and the Ottawa Gatineau Hotel Association (OGHA) that specifies a combined annual payment with a minimum term of 25 years of $1.5 million that is to be indexed for inflation to ensure the financial sustainability for the OCC operations.

g.   The City receiving written assurances from the Government of Ontario together with any necessary approvals by the Minister of Finance in a form satisfactory to the City, that it assumes ultimate ownership of the OCC and that any operational shortfalls and/or debt under the current OCC governance model or under any future governance model of the OCC will be appropriately addressed by the OCC and the Government of Ontario, and not by the City.

h.   That a new building design and road design concept for Colonel By Drive be developed by the OCC for review and written approval by both the National Capital Commission (NCC) and the City of Ottawa.

i.    That the OCC design meets the requirements of the “Downtown Ottawa Urban Design Strategy”.

j.    The City receiving and being satisfied with the terms of the final executed amended and restated lease between the OCC and the Viking Rideau Corporation (VRC) and with the final executed development and Construction Agreement between the same parties, and receiving non-disturbance agreements from all of VRC’s current mortgagees.

k.   The City receiving written assurances from the OCC and Province, that they shall not change the use of the facility, or assign or transfer charge or mortgagee, the leasehold interest in all or part of the new facility for the duration of the lease with the VRC, without prior written consent of the City.

l.    The OCC demonstrating to the satisfaction of the City that it will use reasonable commercial efforts to achieve LEED (Leadership in Energy and Environmental Design) Silver certification for the Ottawa Congress Centre Building and that Green Roof technology be incorporated where possible.

m.  The OCC agreeing to direct 1.5% of the final construction budget (currently estimated at $159 million) for the OCC project towards implementing the City’s Transit Oriented Development Guidelines. Such funding will be used to integrate the downtown transit network, into the Congress Centre project and improve transit services to and from the building.

n.   The OCC agree that the release of the City’s funding of $40 million for the project be conditional on all required approvals and/or permits under the Planning Act and Building Code Act for the projects development have been obtained including any required approvals from the Provincial and Federal Governments.

o.   The City receiving from the OCC its written confirmation that it shall use a competitive process, as pre-approved by the City, to acquire all equipment, services, supplies and for construction.

 

5.         Approve that the Ottawa Congress Centre be requested to work with the City of Ottawa to identify potential sources of revenue from the Centre that would repay the $40 million dollar investment by the City for the capital construction of the Centre – such sources of revenue could include:

 

a)   a portion of any revenues over expenses of the Centre;

b)   having the Province provide grants in lieu of taxes for the Centre until the grant is repaid, including any interest costs incurred by the City;

c)   negotiating a share of G.S.T. and/or P.S.T.  paid for services at the Centre until the grant is repaid;

d)   other possibilities; and

 

6.         Approve that the Corporate Services and Economic Development Committee receive a report on progress made on these initiatives on at least an annual basis.

 

CARRIED as amended by the following Motion:

 

MOTION

 

Moved by Councillor P. Hume

Seconded by Councillor J. Harder

 

That recommendation #2 be replaced with the following:

 

Contribute an additional $15M as a Strategic Priority Initiative for the OCC’s planned reconstruction and expansion and authorize debt financing in the same amount as part of the 2007 capital budget.

 

                                                                                                            CARRIED

 

 

 

19.          motion - OUTREACH TO YOUTH AND FIRST TIME VOTERS

 

 

Committee RecommendationS

 

That Council:

 

1.         Approve that Elections Ottawa staff be directed to work with non-partisan, youth oriented groups in Ottawa such as Child and Youth Friendly Ottawa (CAYFO) and the Ottawa Youth Commission (CJOYC) to develop better youth outreach initiatives to promote the importance of youth participating in the electoral process;

 

2.         Request that the Manager of Municipal Elections and Municipal Freedom of Information (MFIPPA), Shane Kennedy, ask school boards in Ottawa to work with the City of Ottawa in an effort to harmonize a Professional Development Day with Election Day to encourage youth voter turnout and participation in the election process; and

 

3.         Approve that the results of these consultations be reported back to the Corporate Services and Economic Development Committee and Council in advance of December 31, 2009.

                                                                                                            CARRIED

 

 

CORPORATE SERVICES AND ECONOMIC DEVELOPMENT COMMITTEE

REPORT 17A (IN CAMERA)

 

     

1.             APPOINTMENT TO THE accessibility advisory committee - in camera - Personal matters about identifiable individuals  - reporting out date: FOLLOWING council approval

 

 

Committee Recommendation

 

That Council approve of the appointment of Ms. Kendra Lachine as the Disabled Persons’ Community Resources (DPCR) representative on the Accessibility Advisory Committee for a term beginning 1 January 2008 and ending 30 April 2012.

 

                                                                                                            CARRIED


 

     

      2.       SURPLUS SCHOOL PROPERTIES  - 3071 RIVERSIDE DRIVE and 2720 richmond road - OWNED BY THE OTTAWA-CARLETON DISTRICT SCHOOL BOARD - In-camera - PROPOSED ACQUISITION OF LAND BY THE MUNICIPALITY - reporting out date:  FOLLOWING CONCLUSIONS OF NEGOTIATIONS, INFORMATION WILL BE REPORTED


 

Committee RecommendationS AS AMENDED

 

That Council approve that:

 

1.         The City Manager be delegated the authority to negotiate a fair market value for the purchase of the subject properties; and

 

2.         Should the two parties be unable to reach an agreement with respect to a fair market value purchase price, that the City Manager report back to Council on the option of going to arbitration for a determination of fair market value.

 

                                                                                                            CARRIED

 

 

     

      3.       TRIM ROAD INC. DEVELOPMENT CHARGE APPEAL - IN CAMERA -
solictior-client privilege - REPORTING OUT DATE: after completion
of the litigation concerning the expropriations

 

Committee Recommendation as amended

 

That Council approve that the stormwater development charge rate for By-law 2004-300 be in accordance with the table appended to this report as shown as the Proposed Rates in Attachment “1”, as amended by the following:

 

1.         That Attachment 1 of the report be revised to provide that the rates commencing 1 April 2008 will be :

 

Singles                                       4,959

Apartment, Two Bedrooms      2,833

Apartment, One Bedroom        1,983

Multiples                                   3,967

Non-Residential                          3.00

 

                                                                                                            CARRIED


 

PLANNING AND ENVIRONMENT COMMITTEE REPORT 19

 

 

1.                  COMMERCIAL HIGHWAY SPECIAL (CHS) LANDS MUNICIPAL SERVICING AND ENVIRONMENTAL ASSESSMENT STUDY

 

 

Committee recommendationS

 

That Council:

 

1.         Receive the results of the CHS Land Municipal Servicing Study, illustrated in Documents 1 through 15, identifying Concept 2 as the preferred option, in accordance with the requirements of the Ontario Environmental Assessment Act;

 

2.         Request staff to finalize the CHS Land Municipal Servicing Study and proceed with the 30-day public review period, in accordance with the Ontario Environmental Assessment Act.

 

                                                                                                            CARRIED

 

 

 

2.         OFFICIAL PLAN AND ZONING AMENDMENTS - 800 AND 848 CEDARVIEW ROAD AND
4497 O'KEEFE COURT

 

 

Committee recommendations as amended

 

(This application is not subject to Bill 51)

 

That Council :

 

1.                  Approve and adopt an amendment to the Official Plan Policy Section 3.2.6 to permit residentially zoned lands known as 800 and 848 Cedarview Road and 4497 O’Keefe Court which are located outside the urban boundary to connect to the potable water service, as detailed in Document 2;

 

2.                  Approve an amendment to the former City of Nepean Zoning By-law for 800 and 848 Cedarview Road and 4497 O’Keefe Court from RCL Block "A", Residential Country Lots Zone, CON and CON Block "A", Conservation Zone, as shown in Document 3, to RCL Blocks "A" to "F", Residential Country Lots Zone, and CLC, Country Lot Conservation Zone, and CON, Conservation Zone as shown in Document 4 as revised to accurately reflect the necessary zoning change and detailed in Document 5.

 

3.         WHEREAS the City of Ottawa is prepared to allow the extension of municipal water services for a Country Lot Subdivision; and,

 

WHEREAS the Official Plan policies provide some discretion with respect to Country Lot Subdivisions in Rural Areas, and in an abundance of caution to avoid conflict with Official Plan policies to Country Lot Subdivisions; and,

 

BE IT RESOLVED THAT Part B of OPA no. 57 is hereby amended as follows to include Item 2:  Notwithstanding the policies of Sections 3.7.6 (c)(d)(e), the property known as known as 800 and 848 Cedarview Road and 4497 O’Keefe Court, located abutting the urban boundary, can be developed as a Country Lot Subdivision (with a golf course component), with one (1) acre lot sizes, with a larger number of lots than 40, subject to appropriate studies and municipal approvals.

 

CARRIED as amended by the following Motion:

 

MOTION

 

Moved by Councillor J. Harder

Seconded by Councillor R. Chiarelli

 

WHEREAS the City of Ottawa is prepared to allow the extension of municipal water services for a Country Lot Subdivision; and,

 

AND WHEREAS, Part B of OPA 57 does not accurately reflect the intent of the Official Plan Amendment as recommended by Planning and Environment Committee on 13 November 2007,

 

THEREFORE BE IT RESOLVED THAT Part B of OPA no. 57 is hereby replaced with the Attached Document.

 

That no further notice be provided pursuant to Section 34 (17) of the Planning Act.

 

PART B - THE AMENDMENT

 

1.   INTRODUCTION

 

All of this part of the document entitled Part B - The Amendment, consisting of the following text constitutes Amendment No. 57 to the Official Plan for the City of Ottawa.

 

2.   DETAILS

 

That the Official Plan for the City of Ottawa is hereby amended as follows:

 

1.      Clause 2.3.2.of the Official Plan is hereby amended by inserting the following after policy 7 and renumbering the subsequent policies as required:

 

8.   Notwithstanding the policies of clause 2.3.2, development on the properties known municipally as 800 and 848 Cedarview Road, and 4497 O’Keefe Court (legally defined as Part of Lots 22, 23, 24 and 25, Concession 4, Rideau Front, former City of Nepean), located outside the urban boundary, will be permitted to connect to the potable water service.

 

2.      Clause 3.7.2 of the Official Plan is hereby amended by adding the following policy after policy 6.h.:

 

i.    Notwithstanding policies 6. c, d and e, the properties known as 800 and 848 Cedarview Road and 4497 O’Keefe Court, located abutting the urban boundary, can be developed as a Country Lot Subdivision (with a golf course component), with one (1) acre lot sizes, with a larger number of lots than 40, subject to appropriate studies and municipal approvals.

 

3.   IMPLEMENTATION

 

The implementation of this amendment to the Official Plan shall be in accordance with the respective policies of the Official Plan for the City of Ottawa.

 

                                                                                                            CARRIED

 

 

 

3.         ZONING - PART OF 3730 AND 3868 INNES ROAD

 

 

Committee recommendationS as amended

 

(This application is not subject to Bill 51)

 

That Council approve an amendment to the former City of Gloucester Zoning By-law to change the zoning of part of 3730 and 3868 Innes Road from Mp - Industrial Park, HMp- Holding Industrial Park and HMg - Holding Industrial General to HCc1(E'X') Holding Commercial Community Exception 'X' as shown in Document 1 and as detailed in Document 2, Details of Recommended Zoning, as amended as follows:

 

1.         Item 6 be replaced with the following:

 

“6) A garden centre or other seasonal facility is not permitted within any street or exterior side yard, but is permitted provided it is set back a minimum of 50 metres from any street or exterior lot line.”

 

2.         Add Item 10 as follows:

 

“10) Notwithstanding Section 3 or any other provisions of By-law No.333 of 1999 to the contrary, the lands zoned Cc1(E’X’) shall be considered one lot for zoning purposes, notwithstanding the lawful division thereof pursuant to the Planning Act, as amended, the Condominium Act, as amended, or any other similar legislation.”

 

CARRIED as amended by the following Motion:

 

MOTION

 

Moved by Councillor R. Bloess

Seconded by Councillor R. Jellett

 

WHEREAS staff have advised that the outstanding issues with respect to servicing requirements that resulted in the need for the holding provision on the zoning have been addressed by the applicant,

 

AND WHEREAS the Planning and Environment Committee recommendation includes a holding provision on the zoning for the lands at part of 3730 and 3868 Innes Road,

 

THEREFORE BE IT RESOLVED that the holding provision requirements identified in the Planning and Environment Committee Disposition 21, November 13, 2007 for Item # 5 be removed and that the By-law be amended accordingly.

 

                                                                                                            CARRIED

 

 

 

4.                  ZONING - 3628 NAVAN ROAD

 

 

Committee recommendation as amended

 

(This application is subject to Bill 51)

 

That Council reject an amendment to the former City of Gloucester Zoning By-law to change the zoning of part of 3628 Navan Road from Fg - Future Growth Area Zone to Fg(T1) – Future Growth Temporary Use One Zone as shown in Document 1 and as detailed in Document 2.

 

MOTION

 

Moved by Councillor G. Hunter

Seconded by Councillor S. Desroches

 

That the staff recommendation be approved as follows:

 

That Council approve an amendment to the former City of Gloucester Zoning By-law to change the zoning of part of 3628 Navan Road from Fg - Future Growth Area Zone to Fg(T1) – Future Growth Temporary Use One Zone as shown in Document 1 and as detailed in Document 2.

 

                                                                                                            CARRIED

 
MOTION

 

Moved by Councillor R. Bloess

Seconded by Councillor E. El-Chantiry

 

That the temporary zoning be for two years only.

 

                                                                                                            CARRIED

 

 

 

5.         ZONING - 4209 LIMEBANK ROAD

 

 

Committee recommendation as amended

 

(This application is not subject to Bill 51)

 

That Council approve an amendment to the former City of Gloucester Zoning By-law to change the zoning for part of 4209 Limebank Road from Fg-Future Growth to In-Institutional Neighbourhood Zone to permit a school and Fg-Future Growth (Ex) to address changes to the provisions as shown in Document 1 as revised to correct the inaccuracies of the original Proposed Zoning Map and as detailed in Document 2.

 

                                                                                                            CARRIED


 

 

6.         ZONING - 14 NORICE STREET

 

 

Committee recommendation

 

(This application is subject to Bill 51)

 

That Council approve an amendment to the former City of Nepean Zoning By-law to modify the existing zoning, Residential Third Density, R3 Block 8, for 14 Norice Street as shown in Document 1 and as detailed in Document 2.

 

                                                                                                            CARRIED

 

 

 

7.                              ZONING - 92 AND 110 BENTLEY AVENUE

 

 

Committee recommendation

 

(This application is subject to Bill 51)

 

That Council approve an amendment to the former City of Nepean Zoning By-law to change the zoning of lands located at the rear of 92, and 110 and 120 Bentley Avenue, known municipally as part of 2005 Merivale Road, from Institutional Block 10, 'I Blk 10' to Industrial Manufacturing, 'MM', as illustrated shown in Document 1.

 

                                                                                                            CARRIED

 

 

 

8.                  ZONING – 100 - 126 RIDEAU STREET

 

 

Committee recommendationS

 

(This application is subject to Bill 51)

 

1.                   That Council approve an amendment to the former City of Ottawa Zoning By-law 1998 to change the zoning at 100-126 Rideau Street to permit the continued use of an outdoor public parking lot for a temporary period of three years commencing from the time of enactment of the implementing by-law, as detailed in Document 1.

 

2.                   That the By-law to implement recommendation 1 not be enacted until such time as an updated site plan, to provide for improving the landscaping treatment, is submitted, and approved with an agreement entered into or a letter of undertaking provided.

 

3.                   That approval of the temporary zoning set out in recommendation 1 be null and void if the requirements of recommendation 2 have not been satisfied within six months of approval.

 

                                                                                                            CARRIED

 

 

 

9.                   ZONING - 580 SOMERSET STREET WEST

 

 

Committee recommendation

 

(This application is subject to Bill 51)

 

That Council approve an amendment to the former City of Ottawa Zoning By-law to change the zoning of 580 Somerset Street West from R5D[166] H(10.7) to R5D[***] H(10.7) as detailed in Document 2.

 

                                                                                                            CARRIED

 

 

 

10.       DEMOLITION CONTROL - 249, 251, 255, AND 259 BAY STREET AND 355, 357, AND
359 NEPEAN STREET

 

 

Committee recommendationS

 

That Council approve the demolition of the five buildings located at 249, 251, 255, and 259 Bay Street and 355, 357 and 359 Nepean Street, subject to the following conditions:

 

1.                  That a replacement building 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 $10,000.00 for each of the seven dwelling units contained in the demolished residential property.

 

2.                  That until the time of construction of the replacement building, the registered owner shall seed/sod the property, install bollards around the perimeter to maintain the property as open space, and to prevent the use of the property for other interim uses.  The registered owner shall maintain the property in accordance with the Property Standards By-law. 

 

3.                  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.

 

4.                  That the approval be considered null and void if the provisions of Condition 3 above have not been fulfilled within six months of the date of approval.

 

                                                                                                            CARRIED

 

 

11.       LANSDOWNE PARK - DESIGN COMPETITION

 

 

Committee recommendationS

 

That Council:

 

1.                  Initiate a design competition process for Lansdowne Park based on the Rights to Development approach outlined in this report, contingent on the approval by Planning and Environment Committee and Council of the final Design Brief;

 

2.                  Consider funding in the amount of $350,000 as part of Council's deliberations of the 2008 Budget, in order to initiate and conduct the subject design competition. 

 

                                                                                                            CARRIED

 

 

12.          RESPONSE TO WASTE DISPOSAL ISSUES RELATED TO CARP AND TRAIL ROAD LANDFILLS

 

 

Committee recommendationS

 

1.                  That Council approve an amendment to the 2001 Settlement Agreement which states that Waste Management Canada reserves 90% of available capacity for the City of Ottawa given the implementation of negotiated tonnages for the years 2007 to 2011 at the Waste Management Canada Carp Road Waste Facility;

 

2.                  That Council receive this report for information.

 

                                                                                                            CARRIED

 

 

PLANNING AND ENVIRONMENT COMMITTEE REPORT 20

 

 

1.             AGREEMENTS WITH LAFLÈCHE ENVIRONMENTAL INC AND WASTE SERVICES INC FOR DISPOSAL OF SOLID WASTE

 

 

Committee recommendationS

 

That Council delegate the authority to the Deputy City Manager, Public Works and Services to enter into negotiations and finalize and execute agreements with:

 

1.                  Laflèche Environmental Inc. regarding the provision of landfilling services of residential solid waste at their Moose Creek Landfill; and

 

2.                  Waste Services Inc. regarding the transfer of City of Ottawa residential solid waste through their Waste Transfer Station located in Ottawa.

 

CARRIED as amended by the following Motion:

 

MOTION

 

Moved by Councillor S. Qadri

Seconded by Councillor P. Hume

 

WHEREAS the City has identified the need for additional landfill capacity in our Integrated Waste Management Master Plan;

 

AND WHEREAS additional pressures have been put on the Trail Road landfill due to diminishing capacity at the Carp Road landfill;

 

AND WHEREAS the City is currently looking to reserve long-term capacity at Laflèche Environmental by negotiating a long term agreement of 30,000 tonnes per year over the next five years;

 

AND WHEREAS Laflèche Environmental has a current capacity of 300,000 tonnes per year making this an excellent opportunity for the City to secure additional disposal for Ottawa’s residential and IC&I waste.

 

THEREFORE BE IT RESOLVED that staff investigate the possibility of a 10 year agreement with Laflèche Environmental for up to 100,000 tonnes per year of both residential and IC&I waste

                                                                                                            CARRIED

 

 

TRANSPORTATION COMMITTEE AND TRANSIT COMMITTEE JOINT REPORT 4

 

 

1.             REVIEW OF URBANDALE CORPORATION’S LRT NETWORK PROPOSAL AND NEAR-TERM TRANSIT INVESTMENT OPTIONS

 

 

JOINT COMMITTEES’ RECOMMENDATIONS AS AMENDED

 

That Council:

 

1.         Receive this report on the review of the Urbandale LRT Network proposal;

 

2.         Approve the following:

 

Whereas the Urbandale report, the report of the Mayor’s Transportation Task force, the current Transportation Master Plan (TMP) and the current review of the TMP provides the basis for a go forward strategy on public transit; and

 

Whereas the go forward strategy will require, for some elements, further planning and Environmental Assessments and some other elements of the strategy have already completed the required Environmental Assessments and planning approvals and are ready to be implemented should funding be in place; and

 

Whereas it is clear that to fund key transit improvements such as completing the Transitway as per Council’s approved strategic direction, the construction of the downtown transit tunnel, implementation of rapid transit using the Cumberland Transitway alignment and the implementation of LRT to the City’s south-eastern growth areas will require a further investment by the Federal and Provincial Governments; and

 

Whereas the Federal Government has announced ‘The Building Canada Infrastructure Plan’, a new funding source that is designed to provide funding for key national priorities of core national highways, water, wastewater, green energy and public transit; and

 

Whereas it is estimated that $1.876 Billion will be available to fund key national priorities in Ontario;

 

Therefore be it Resolved that the previously allocated funding for the North South LRT project, (200-Fed/200-Prov/200-Mun) and any new transit funding from the recently announced Building Canada Plan be allocated to the following projects:

 

a.         Completing the Transitway as per Council’s approved Strategic Direction

b.         Construction of the Downtown Transit Tunnel

c.         Implementation of rapid transit using the Cumberland Transitway alignment

d.         Implementation of the LRT to the City’s south-eastern growth area.

 

Further be it resolved that the projects in this strategic plan be implemented as the approvals (Environmental Assessment or otherwise) are obtained and with the concurrence of funding partners; and

 

Further be it resolved that the City communicate to the Province of Ontario and the Federal Government that these projects are City Council’s priority projects for transit funding under the National priorities section of the Building Canada Plan; and

 

Further be it resolved that the approved priorities be communicated to all Federal and Provincial Representatives and the appropriate Federal and Provincial Staff.

 

3.         Direct staff to enter into discussions with the Federal and Provincial agencies on funding for these priority transit projects;

 

4.                  Direct staff to report back on the status of these negotiations, funding availability and financial implications.

 

CARRIED as amended by the following motion:

 

MOTION

 

Moved by Councillor M. McRae

Seconded by Councillor P. Hume

 

Amend the first “Therefore be it Resolved” to read:

 

Therefore be it Resolved that that the previously allocated funding for the North South LRT project, (200-Fed/200-Prov/200-Mun) andany newtransit funding from either the Provincial or Federal governments, including the recently announced Building Canada Plan be allocated to the following projects:

 

                                                                                                            CARRIED


 

 

2.             Downtown Ottawa Transit Tunnel – statement of work

 

 

JOINT COMMITTEES’ RECOMMENDATION AS AMENDED

 

That Council consider the decision of the Joint Transportation and Transit Committee to approve the Statement of Work for the Downtown Ottawa Transit Tunnel Environmental Assessment as detailed in Document 1 of report
ACS2007-PTE-POL-0060.

 

CARRIED as amended by the following Motion:

 

MOTION

 

Moved by Councillor J. Legendre

Seconded by Councillor M. Wilkinson

 

WHEREAS Council wishes to improve the cost-effectiveness of its transit system; and,

 

WHEREAS a bus-only system is no longer able to effectively serve the current urban transit area nor readily accommodate planned service expansions; and,

 

WHEREAS the successful pilot light-rail project has demonstrated the ability of modern rail technology to serve urban areas as well as the acceptability of rail technology to the client base; and,

 

WHEREAS Council has validated the feasibility of an electric LRT system service to downtown Ottawa through a recent EA process; and,

 

WHEREAS Council wishes to extend the previous study easterly beyond its previous limits at the University of Ottawa to Hurdman and the VIA train station; and,

 

WHEREAS it is well-known that placing buses carrying diesel fuel in the same tunnel as rail vehicles will reduce the frequency of either the buses or the trains or very likely both while increasing the construction costs of such a tunnel; and,

 

WHEREAS Council considers that the transit needs of the Nation’s capital are urgent and wishes to focus the study on the major bottle-neck in the current surface Transitway in the downtown on Albert and Slater; and,

 

WHEREAS Council acknowledges that a surface Transitway in the downtown was a stop-gap measure that has now reached its service limits and wishes to examine the feasibility of solving the core OCTranspo transitway congestion by placing an electric LRT system in a downtown tunnel and validate that proposal through an EA process; and,

 

WHEREAS in June 2006 the Ontario Government announced improvements to Ontario’s environmental assessment process, saying that –

 

Faster Decisions to Protect the Environment

When it comes to EA improvements, the priority is environmental protection. A slower process does not mean a better process for the environment. A better process gets to a faster “yes” for environmentally sound projects that are necessary and constructive, and to a faster “no” for projects that are not environmentally responsible or viable.”

 

BE IT RESOLVED THAT Council amend the proposed Statement of Work for the Downtown Ottawa Transit Tunnel (DOTT) EA in the staff report as follows:

 

·              the DOTT EA will inform other transportation studies (such as the TMP update and interprovincial transit studies) and consider available information from those studies as the information becomes available but it will not wait for the results of those studies before proceeding;

 

·              the EA will determine as quickly as possible the appropriate rapid transit technology for use in a tunnel and in no case should the effort to examine the “Bus-in-Tunnel” option be greater than that expended on other options;.

 

·              the EA will build on the recent N-S LRT EA to the greatest extent possible in order to fully utilize the knowledge gathered in that study;

 

·              the RFQ and RFP process will seek to attract firms with an international  reputation and experience of designing underground light rail systems and tunnels and who have a demonstrated capability to successfully complete an environmental assessment of this complexity within accelerated timeframes;

 

·              the EA study team will report to Committee and Council with a recommendation on the preferred solution, along with all of the alternatives considered, within 8 months of being awarded the contract;

 

·              the EA study team will report to Committee and Council with a recommendation on the preferred design alternative, along with all of the alternatives considered, within 6 months of the Council decision on the preferred solution;

 

·              the EA study team will finalize and provide to Council the required Environmental Study Report (ESR) and the Federal Project Description Report in a format suitable for submission to the approval agencies in accordance with the EA Acts within 6 months of a Council decision on the preferred design.

 

BE IT FURTHER RESOLVED THAT Council will task the EA team to proceed with the detailed functional design drawings of the tunnel alignment and stations as soon as the EA documents have been submitted for approval.

 

                                                                                                            CARRIED

 

 

Motions of which Notice has Been Given Previously

 

MOTION

 

Moved by Councillor J. Harder

Seconded by Councillor S. Desroches

 

WHEREAS the Nepean Museum Board of Trustees is composed of ten trustees, one of whom shall be elected from among the members approved by the Council of the City of Ottawa,

 

AND WHEREAS City Council at its December 14 and 18, 2006 meeting appointed  Councillor Steve Desroches, to the Museum Board, with his appointment to be reviewed after one year,

 

AND WHEREAS the Councillors representing areas of the former City of Nepean  have agreed to divide the four-year term among the area Councillors,

 

BE IT THEREFORE RESOLVED THAT Councillor Alex Cullen be appointed to the Nepean Museum Board, for the term  January 1 to December 31, 2008.

 

                                                                                                            CARRIED

 

 

 
MOTION

 

Moved by Councillor J. Harder

Seconded by Councillor S. Desroches

 

WHEREAS several multi-jurisdictional issues such as social housing and shelters, long-term care services, public health services, and garbage and recycling were identified among the top priorities by residents in a 2007 survey commissioned by the City of Ottawa as part of its priority setting exercise;

 

AND WHEREAS City infrastructure investments benefit the federal and provincial governments directly, and municipalities are the drivers of the national and provincial economies;

 

AND WHEREAS intergovernmental dialogue is important to successfully managing and addressing these and other issues;

 

AND WHEREAS the residents of the City of Ottawa expect their municipal government to work together with officials in the provincial and federal levels of government;

 

THEREFORE BE IT RESOLVED THAT Council invite Ottawa's Ministers at the Federal and Provincial levels to help establish “TEAM OTTAWA,” a working group to include Ottawa's Mayor and two members of Ottawa City Council along with the respective Ministers, to meet on a regular basis to discuss the priorities of the City of Ottawa, and

 

BE IT FURTHER RESOLVED THAT the agenda shall be coordinated by the Mayor on behalf of Council and shall reflect the priorities identified in the 2007 City Council priority setting sessions.

 

                                                                                                            CARRIED

 

 

MOTION

 

Moved by Councillor M. Wilkinson

Seconded by Councillor J. Harder

 

WHEREAS the cost of providing municipal services, including those downloaded by the province, has resulted in a lack of funding for city services, particularly for the maintenance of infrastructure;

 

AND WHEREAS Cities serve as the economic engines of Canada creating increased taxation revenues for the provincial government; and

 

AND WHEREAS the federal government has announced that the GST rate will be reduced from 6 to 5% on January 1, 2008;

 

AND WHEREAS municipalities had requested that the 1% of GST should be provided to municipalities to help with their funding shortfalls;

 

AND WHEREAS the Province of Ontario is now in a surplus position;

 

THEREFORE BE IT RESOLVED THAT the City of Ottawa urge the Association of Municipalities of Ontario to negotiate with the Province of Ontario to provide 1% of the provincial sales tax to municipalities, starting in 2008.

 

                                                                                                            CARRIED

 

 

MOTION

 

Moved by Councillor C. Doucet

Seconded by Councillor D. Deans

 

Whereas the provincial download of public health requirements, ambulances, social housing, welfare and public transit has left property taxpayers carrying an unacceptable burden on a tax designed only to provide revenue for services to property;

 

Whereas the federal and provincial governments generate annual surpluses;

 

Whereas: the cities receive only 8 cents on every tax dollar, but deliver 60 per cent of the services;

 

Whereas municipal governments even with the amalgamation of services, staff cuts and continuous innovations in service delivery cannot provide the services required for the healthy growth of their cities with only the property tax available to them;

 

Whereas this is causing specific hardships to seniors and all those who require services and live on modest or fixed incomes;

 

Be it resolved  That Ottawa City Council request that the Government of Canada transfer their 0ne Percent Tax reduction to Canada’s cities now either directly or via provincial governments to narrow the federal-municipal deficit;

 

Be it Further Resolved To support this request members of Ottawa City Council walk to Parliament Hill on Monday, December 3 , 2007 leaving City Hall at 12 noon and arriving on Parliament Hill at 12:15  to make visible to the federal government and the general public the seriousness of their concern;

 

Be It Further Resolved that the General Public, members of the Ottawa and District Labour Council, the National Capital Heavy Construction Association join councilors for this demonstration;

 

Be It Further Resolved that CAO, Kent Kirkpatrick be asked to designate an event co-ordinator for this acitivity and invite all employees to join the rally on Parliament Hill;

 

Be It Further Resolved that all other city councils in the One Cent Now Coalition be informed of the actions of Ottawa

 

Be It Further Resolved that the Mayor request a meeting with Finance Minister Flaherty to convey to him the seriousness of the financial situation cities are experiencing.

 

                                                                                      CARRIED

 
MOTION

 

Moved by Councillor G. Bédard

Seconded by Councillor J. Legendre

 

WHEREAS demolition of residential dwelling units located in the former City of Ottawa, are subject to the Demolition Control process as set out in the former City of Ottawa Demolition Control By-law;

 

AND WHEREAS applications are normally submitted by the property owner or developer of a residential dwelling where the replacement residential dwelling is not slated to be constructed immediately following the demolition of the building, likely to afford the property owner or developer time to crystallize plans for redevelopment;

 

AND WHEREAS a residential dwelling unit located at 446 Nelson Street in the Rideau-Vanier Ward 12 has been vacant since November 12, 2003 and is in such a state of disrepair as to be subject to imminent collapse, thereby exacerbating the hazardous condition of the property;

 

AND WHEREAS the City has taken all steps possible to obtain compliance with the Property Standards By-law and the Ontario Building Code, including court prosecution, fines and commissioning work to the building to address unsafe conditions;

 

AND WHEREAS the owner of 446 Nelson is not able or willing to care for the building and property, or take steps to arrange for the work to be undertaken, and no one else has come forward;

 

AND WHEREAS the condition of the building is such that the proposed cost of remediation will exceed the building’s value and thus, further remedial work is not feasible, nor appropriate;

 

AND WHEREAS 446 Nelson is not of heritage interest and there is an outstanding Order to Remedy an Unsafe Building requiring the property owner to repair the foundation, walls, roof, etc. or to demolish the building, and the Chief Building Official has concluded that the City must, as soon as possible, proceed to arrange for the demolition of the building and reinstatement of the lands in order to safeguard the community prior to the onset of winter, with costs charged back to the property owner and that there is no other reasonable alternative;

 

BE IT RESOLVED THAT 446 Nelson Street be exempted from the requirements set out in the Demolition Control By-law to enable the demolition of the building, as soon as possible, due to extraordinary circumstances relating to this property and its owner.

 

                                                                                                            CARRIED

 

Motions  (Requiring Suspension of the Rules of Procedure)

 

MOTION