OTTAWA CITY COUNCIL

22 April 2009

ANDREW S. HAYDON HALL

10:00 a.m.

MINUTES 65

 

 

The Council of the City of Ottawa met at Andrew S. Haydon Hall, 110 Laurier Avenue West, Ottawa, on 22 April 2009 beginning at 10:00 a.m.

 

 

The Mayor, Larry O’Brien, presided and the Deputy City Clerk led Council in prayer.

 

 

The National Anthem was performed by the Centre Pauline-Charron choir, "LES OCTAVES DU CARTIER".

 

 

Announcements/Ceremonial Activities

 

RECOGNITION - PHYSICAL ACTIVITY MONTH

 

Mayor O’Brien declared May as Physical Activity Month in the City of Ottawa and presented a framed proclamation to Ms. Sue Holloway, Communication Chair, Active Ottawa Actif.  

 

 

RECOGNITION - ADMINISTRATIVE PROFESSIONALS DAY

 

Mayor O’Brien proclaimed Wednesday, April 22, 2009 as Administrative Professionals Day in the City of Ottawa.  The Mayor presented the framed proclamation to Ms. Danielle Graham, President of the Ottawa West Chapter of the International Association of Administrative Professionals. 

 

 

 

 

Roll Call

 

ALL MEMBERS WERE PRESENT.

 

 

Confirmation of Minutes

 

The Minutes of the regular and In Camera meeting of 8 April 2009 were confirmed.

 

 

Declarations of interest including those originally arising from prior meetings

 

See specific Agenda Items for declarations:

·         Corporate Services and Economic Development Committee Report 40A, Item 6, Delegation of Authority – Contracts Awarded for the Period October 1 to December 31, 2008, Sponsorship and Advertising, Legal Outsourcing Costs and Payment Without Reference and 2008 Consolidated Annual Summary;

·         Postponements and Deferrals - Motion No. 47/18 - Resumption of the Design Lansdowne process; and

·         Corporate Services and Economic Development Committee and Planning and Environment Committee Joint Report 1, Item 1, Assessment of Stadium Proposals – OSEG (Lansdowne Live) and Senators Sports & Entertainment (SS&E), Kanata

 

Communications

 

The following communications were received:

 

·                     Association of Municipalities of Ontario (AMO) Alerts :

·                     AMO Position on Bill 150, Green Energy and Green Economy Act

·                     Budget confirms offsets for the cost of PST/GST harmonization and anticipated infrastructure stimulus investment

·                     Committee Hearings on the Green Energy Act

·                     Federal Rules Changed for Building Canada Fund Projects with Provincial Environmental Assessments until 2011

 

·                     Responses to Inquiries

·         CC-11-08 - Freiman Mall and Bridge to Waller Mall

·         CC-03-09 - Apparent Conflicts of Interest in Transportation EAs

·         CC-10-09 – Fare Boxes

·         CC-11-09 - Change of City Designator - City Amalgamation

Regrets

 

No regrets were filed.

 

 

City’s Meetings Investigator

 

    

1.         REPORT OF THE MEETINGS INVESTIGATOR REGARDING THE CLOSED MEETING OF COUNCIL ON JANUARY 28, 2009

 

 

REPORT RECOMMENDATION

 

That Council receive the attached report.

 

                                                                                                            RECEIVED

 

Postponements and Deferrals

 

CITY COUNCIL 12 NOVEMBER 2008

 

MOTION NO. 47/18

 

Moved by Councillor C. Doucet

Seconded by Councillor G. Bédard

 

WHEREAS Council initiated a $300,000 International Design Competition to determine the future of Lansdowne Park in November of 2007;

 

WHEREAS on May 16th, 2008, the competition was unexpectedly put on hold by City staff coincident with the need to reassess the condition of the stadium and concurrently review a business consortium proposal associated with a Canadian Football League (CFL) franchise; 

 

WHEREAS the consortium has now submitted their sole source unsolicited proposal by way of a public press release;

 

WHEREAS the public has made it clear in public consultations and in surveys that the future use and development of the park should be determined by an open public process known as “Design Lansdowne” and not depend on the accommodation of a CFL franchise.

 

WHEREAS further delays will damage the City’s reputation as an honest broker of a due process voted on by full council.

 

WHEREAS any further special consideration of an unsolicited, sole source proposal for the redevelopment of the park will open the City to legal challenges from other proponents that were developing proposals prior to the suspension of the Design Lansdowne process and assumed the redevelopment of the park would be subject to a transparent competitive, public process.

 

BE IT RESOLVED that the Design Lansdowne process be resumed immediately as Council voted for in November of 2007 and that all proposals be given equal consideration within the parameters of this process.

 

MOTION NO. 47/19

 

Moved by Councillor C. Doucet

Seconded by Councillor G. Bédard

 

WHEREAS the City Manager is undertaking a review of the Lansdowne Live proposal;

 

THEREFORE BE IT RESOLVED that Motion No. 47/18 be tabled and rise for consideration when the City Manager’s evaluation has been completed and is before Council for consideration.

 

                                                                                                            TABLING CARRIED

 

 

CITY COUNCIL 22 APRIL 2009

 

DECLARATIONS OF INTEREST

 

Councillor D. Thompson declared a potential, deemed pecuniary interest on Council Agenda 65, 22 April 2009, with respect to Motion No. 47/18 - Resumption of the Design Lansdowne process under Postponements and Deferrals and Item 1 of Joint Corporate Services and Economic Development Committee and Planning and Environment Committee Joint Report 1, - Assessment of Stadium Proposals – OSEG (Lansdowne Live) and Senators Sports & Entertainment (SS&E) Kanata because a family member is employed by one of the proponents.

 

Councillor Thompson did not take part in the discussion or vote on this item.

 

Motion No. 47/18 was then put to Council and LOST on a division of 8 YEAS to 15 NAYS as follows:

 

YEAS (8):        Councillors D. Holmes, C. Doucet, P. Hume, J. Legendre, A. Cullen, P. Feltmate, G. Bédard and C. Leadman.

 

NAYS (15):      Councillors E. El-Chantiry, M. Wilkinson, R. Chiarelli, S. Desroches, J. Harder, S. Qadri, G. Brooks, R. Bloess, D. Deans, G. Hunter, R. Jellett, M. Bellemare, B. Monette, M. McRae and Mayor O’Brien.

 

MOTION NO. 65/1

 

Moved by Councillor C. Doucet

Seconded by Councillor J. Legendre

 

That Council approve Notice of Reconsideration of Motion No. 47/18.

 

Notice of Reconsideration LOST on a division of 7 YEAS to 16 NAYS (8 votes required) as follows:

 

YEAS (7):        Councillors D. Holmes, C. Doucet, J. Legendre, A. Cullen, P. Feltmate, G. Bédard and C. Leadman.

 

NAYS (16):      Councillors E. El-Chantiry, M. Wilkinson, R. Chiarelli, P. Hume, S. Desroches, J. Harder, S. Qadri, G. Brooks, R. Bloess, D. Deans, G. Hunter, R. Jellett, M. Bellemare, B. Monette, M. McRae and Mayor O’Brien.

 

Motion to Introduce Reports

 

MOTION NO. 65/2

 

Moved by Councillor M. Bellemare

Seconded by Councillor D. Thompson

 

That the Agriculture and Rural Affairs Committee Report 39, Community and Protective Services Committee Report 38A, Corporate Services and Economic Development Committee Report 40A, Corporate Services and Economic Development Committee and Planning and Environment Committee Joint Report 1, Planning and Environment Committee Report 49 and Transportation Committee Report 28 be received and considered.

 

And that the Rules of Procedure be suspended to receive and consider the report from the City’s Meetings Investigator Entitled “Report of the Meetings Investigator Regarding the Closed Meetings of Council on January 28, 2009”; the report from the City Clerk and Solicitor entitled "Status Update – Council Inquiries and Motion for the Period Ending 8 April 2009"; the report from the City Treasurer entitled “Provincial Gas Tax”; the report from the Local Architectural Conservation Advisory Committee entitled “Demolition of 464-474 Bank Street, a Property Designated under Part V of the Ontario Heritage Act, Within the Centretown Heritage Conservation District”.

 

                                                                                                            CARRIED

 

Reports

 

CITY CLERK AND SOLICITOR

 

 

1.                   STATUS UPDATE – COUNCIL INQUIRIES AND MOTIONS FOR THE PERIOD ENDING 8 APRIL 2009

 

 

REPORT RECOMMENDATION

 

That Council receive this report for information.

 

                                                                                                            RECEIVED

 

 

CITY TREASURER

 

 

1.             PROVINCIAL GAS TAX

 

 

REPORT RECOMMENDATIONS

 

 

That Council:

 

1.                  Authorize the Mayor and City Treasurer to sign an agreement with the Province relating to the City’s share of the provincial gas tax in accordance with the terms set out in Document 1; and

 

2.                  Approve the by-law authorizing the agreement as set out in Document 2.

 

                                                                                                            CARRIED

 

 

LOCAL ARCHITECTURAL CONSERVATION ADVISORY COMMITTEE

 

 

1.                   DEMOLITION OF 464-474 BANK STREET, A PROPERTY DESIGNATED UNDER PART V OF THE ONTARIO HERITAGE ACT, WITHIN THE CENTRETOWN HERITAGE CONSERVATION DISTRICT

 

 

REPORT RECOMMENDATIONS

 

The Council approve:

1.         the demolition of 474 Bank Street, a property designated under Part V of the Ontario Heritage Act, within the Centretown Heritage Conservation District; and

2.         that the site be graded upon the removal of the building.

 

MOTION NO. 65/3

 

Moved by Councillor D. Holmes

Seconded by Councillor C. Leadman

 

BE IT RESOLVED that the reference to 474 Bank Street in the Recommendation 1 be replaced by 464-474 Bank Street.

 

                                                                                                            CARRIED

 

The report of the Local Architectural Conservation Advisory Committee, Demolition Of 464-474 Bank Street, A Property Designated Under Part V Of The Ontario Heritage Act, Within The Centretown Heritage Conservation District, was then put to Council and CARRIED as amended by Motion No. 65/3.

 

Committee Reports

 

AGRICULTURE AND RURAL AFFAIRS COMMITTEE REPORT 39

 

 

1.         LICENSING BY-LAW - RURAL REFRESHMENT VENDING - VEHICLES AND STANDS -

HARMONIZATION

 

 

COMMITTEE RECOMMENDATIONS

That Council:

 

.1.         .Approve amendments to the Licensing By-law 2002-189 as amended, to come into effect May 14, 2009 as detailed in Document 1, to:

(a)    provide for the necessary administrative amendment to include new definitions, license categories, fees and expiry dates, provisions that ensure a seamless transition, and provisions to repeal similar regulations currently in effect in former Osgoode, Cumberland, West Carleton and Rideau;

(b)   incorporate Schedule 28 relating to Rural Mobile Refreshment Vehicles and Stands; and

(c)    provide for the licensing and regulating of Rural Refreshment Vending Vehicle or Stands operating in the following Rural Wards: Cumberland Ward 19, Osgoode Ward 20, Rideau-Goulbourn Ward 21, West Carleton-March Ward 5.

 

2.         Approve minor amendments to Schedules, 22, 23, 24 and 25 of the Licensing By-law 2002-189 to:

(a)                include the requirement for licensees to adhere to the Fire Code under the Fire Protection and Prevention Act, 1997 (as amended);

(b)               modify the method for measuring distance from a mobile refreshment vehicle or cart to a food premises to allow measurement from the building/structure to avoid the need for reference to surveys;

(c)                amend the definition of mobile canteen to permit the sale of ice cream from mobile canteens, to permit the sale of ice cream products and other frozen products, and to permit their operation in residential areas;

(d)               to make minor administrative corrections with respect to numbering sequences and mis-spelled words;

 

3.       Repeal the relevant by-laws of former rural municipalities related to refreshment vending.

 

                                                                                                            CARRIED

 

 

2.             LICENSING BY-LAW – RURAL 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 May 14, 2009, as detailed in Document 1, to:

(a)    provide for the licensing and regulating of Rural Itinerant Sellers operating in the following Rural Wards: Cumberland Ward 19, Osgoode Ward 20, Rideau — Goulbourn Ward 21, West Carleton- March Ward 5; and

(b)   provide for the necessary administrative amendments to include new definitions, license categories, fees and expiry dates, provisions that ensure a seamless transition, and provisions to repeal similar regulations currently in effect in former Osgoode and Cumberland; and

 

2.         Substitute the "farm produce" definition found in Document 1 with the following:

 

"farm produce" means fruits, vegetables, plants, roots, seeds, mushrooms, eggs, meats, poultry, game, honey and maple products, but does not include tobacco or tobacco products.

 

                                                                                                            CARRIED

 

 

3.          COMPREHENSIVE ZONING BY-LAW 2008-250: APPEALS TO THE ONTARIO MUNICIPAL BOARD- CORKERY WOODS, WEST LAKE SOUTH, COUNTRY MEADOW, EMERALD CREEK AND PINERY COUNTRY LOT SUBDIVISIONS

 

 

COMMITTEE RECOMMENDATION

 

That Council approve the amendments recommended in Column 4 of Document 1, to resolve certain appeals to By law 2008-250, and forward a by-law incorporating the required amendments to the Ontario Municipal Board.

 

                                                                                                            CARRIED

 

 

 

4.          MCEVOY BRANCH OF THE SHIELDS MUNICIPAL DRAIN COURT OF REVISION

 

 

COMMITTEE RECOMMENDATIONS

 

That Council:

 

1.         Approve the assessments as outlined in the Engineer's Report; and

 

2.         Give third reading to the McEvoy Branch of the Shields Municipal Drain By-law.

 

                                                                                                            CARRIED

 

 

COMMUNITY AND PROTECTIVE SERVICES COMMITTEE REPORT 38A

 

 

1.         CHILD CARE FEE SUBSIDY STABILIZATION PLAN - PHASE 1 AND NEW FEE SUBSIDY MANAGEMENT POLICY

 

 

Committee RecommendationS AS AMENDED

 

That Council:

 

1.         Approve the adoption of a new policy framework to manage the fee subsidy purchase of service budget in the child care program and implement the new policy through an annual fee subsidy stabilization plan subject to annual budget approval and beginning in 2009 including the following elements:

a)         2009 Implement One-time Base Budget Adjustments of centre-based child care agencies that have at least 20% of their program enrolled with full fee parents to close the gap between subsidized per diem rates and full fee per diem rates by allocating $1 Million;

b)         2009 Allocate up to $900,000 to fund an adjustment of up to 2.25% to all centre-based child care purchase of service;

c)         2010 Implement annual indexed rate increases to fee subsidy rates determined in the fall of 2009 within the existing 2010 global fee subsidy budget (i.e., no additional 100% municipal funding) in accordance with the following:

i.          Any new provincial funding will be first used to fund the annual indexed rate increase;

ii.         If provincial funding is not sufficient to fully fund the annual rate increase then unused monies recovered as part of the annual retrieval process will be used;

iii.        Once the indexed rate is achieved, any surplus funds will be reinvested into the fee subsidy system; 

iv.        If the annual rate is still under funded, then a budget pressure be identified for the appropriate City budget in order to ensure no net reduction in the number of subsidized child care spaces in the City of Ottawa and that the 2008-2009 Child Care Service Plan update document be revised accordingly;

d)         2010 Implement a 4% increase to licensed home child care provider rates to complete the base budget adjustment; and

 

2.                  Receive for information the 2008-09 Child Care Service Plan update document attached as Document 1

 

                                                                                                            CARRIED

 

 

CORPORATE SERVICES AND ECONOMIC DEVELOPMENT COMMITTEE REPORT 40A

 

 

1.             COUNCIL AUDIT WORKING GROUP - 2005 - 2008 AUDIT RECOMMENDATIONS - QUARTERLY ACTION STATUS REPORT

 

 

COMMITTEE RECOMMENDATIONS

 

That Council:

 

1.                  Receive for information the ongoing action status tracking report for the 2005, 2006, 2007 and 2008 audit recommendations as of December 31, 2008 as outlined in Documents 1 - 4; 

 

2.                  Approve the changes with respect to implementation for the following 2006 audit recommendations as outlined in Document 5, specifically:

 

a.                   Fire Services Audit recommendations no. 12, 15 and 19b); and

 

3.                  Approve the changes with respect to implementation for the following 2007 audit recommendations as outlined in Document 6, specifically:

 

a.                   3-1-1 Audit recommendations no. 7 and 10;

b.                  Labour Relations Audit recommendations no. 10, 11 and 18;

c.                   Staffing Relations Audit recommendations no. 6 and 8;

d.                  Food Safety Audit recommendations no. 2 and 10;

e.                  Pesticide Use Policy Audit recommendation no. 5; and

f.                    Parks and Recreation Branch Audit recommendations no. 6, 15, 17 and 21.

 

                                                                                                            CARRIED

 

 

 

2.             PROPERTY ACQUISITION - PART OF BLOCK 1, 4M-154, GEOGRAPHIC TOWNSHIP OF GOULBOURN, CITY OF OTTAWA - IBER ROAD HAZELDEAN DEVELOPMENTS INC.

 

 

COMMITTEE RECOMMENDATION

 

That Council approve the acquisition of a 1.336 ha (3.3 ac.) parcel of vacant land required to support the development of the proposed Kanata West Fire Station from Iber Road Hazeldean Development Inc., referred to as part of PIN 04450-1279 and described as Part of Block 1, 4M-154, Geographic Township of Goulbourn, now the City of Ottawa, as shown hatched on Document 1, for the consideration of $1,039,500 subject to final survey and adjustments on closing.

 

                                                                                                            CARRIED

 

 

 

3.             SALE OF LAND - KERRY HILL CRESCENT – BLOCKS 62 AND 63

 

 

COMMITTEE RECOMMENDATIONS

 

That Council:

 

1.      Declare a parcel of vacant land shown hatched on Document 1 attached, containing an area of approximately 3,219 m2, described as Blocks 62 and 63, Registered Plan 4M-768, City of Ottawa, as surplus to the City’s needs; and

 

2.      Approve the sale of the land outlined in Recommendation 1, subject to any easements that may be required, to Bettina Welsch and Johannes Welsch for $12,000.00 plus GST, pursuant to an Agreement of Purchase and Sale that has been received.

 

                                                                                                            CARRIED

 

 

 

4.             Sale OF LAND – CLOSED PORTION OF BRUNSWICK STREET ADJACENT TO 146 LEES AVENUE

 

 

COMMITTEE RECOMMENDATIONS

 

That Council:

 

1.                  Declare a parcel of vacant land containing an area of 203.6 m2, subject to final survey, described as part of the westerly half of Brunswick Street approved for closure, Registered plan 97162, City of Ottawa, shown hatched on the attached Document 1, as surplus to the City’s needs; and

 

2.                  Approve the sale of the land outlined in Recommendation 1, subject to any easements that may be required, to Anselme Allah for $40,000 plus GST pursuant to an Agreement of Purchase and Sale that has been received.

 

                                                                                                            CARRIED

 

 

 

5.             LEASE - 1221 CYRVILLE ROAD - ELECTIONS OFFICE

 

 

COMMITTEE RECOMMENDATION

 

That Council approve the Lease between the City (Tenant) and Sedco Limited (Landlord) for approximately 23,795 square feet of warehouse and office space for an Elections Office located at 1221 Cyrville Road in the City of Ottawa for a term of six (6) years commencing 1 October 2009 and ending on 30 September 2015, for an estimated annual rent of $358,115 with annual escalation.

 

                                                                                                            CARRIED

 

 

 

6.                   DELEGATION OF AUTHORITY – CONTRACTS AWARDED FOR THE PERIOD OCTOBER 1 TO DECEMBER 31, 2008, SPONSORSHIP AND ADVERTISING, LEGAL OUTSOURCING COSTS AND PAYMENT WITHOUT REFERENCE AND 2008 CONSOLIDATED ANNUAL SUMMARY

 

 

COMMITTEE RECOMMENDATION

 

That Council receive this report for information.

 

DECLARATIONS OF INTEREST

 

Mayor Larry O’Brien declared a potential, indirect pecuniary interest on Council Agenda 65, 22 April 2009, Corporate Services and Economic Development Committee Report 40A, Item 6, Delegation of Authority – Contracts Awarded for the Period October 1 to December 31, 2008, Sponsorship and Advertising, Legal Outsourcing Costs and Payment Without Reference and 2008 Consolidated Annual Summary, as a company on which he serves on the Board of Directors, Calian Technologies Ltd, was awarded contracts during the period of this report.

 

Mayor O’Brien did not take part in the discussion or vote on this Item.

 

Item 6, Corporate Services and Economic Development Committee Report 40A was then put to Council and RECEIVED.

 

 

 

7.         2009 BUDGETS AND SPECIAL LEVIES FOR BUSINESS IMPROVEMENT AREAS AND SPARKS STREET MALL AUTHORIT Y

 

 

COMMITTEE RECOMMENDATIONS

 

That Council:

 

1.      Approve the 2009 budgets and special levies, as presented in Document 1, for the following:

Bank Street BIA;

Barrhaven BIA;

ByWard Market BIA;

Carp BIA;

Glebe BIA;

Manotick BIA;

Orleans BIA;

Preston BIA;

Rideau BIA;

Sparks Street BIA;

Sparks Street Mall Authority;

Somerset Village BIA;

Somerset Chinatown BIA;

Vanier BIA;

Wellington West BIA;

Westboro BIA; and

 

2.      Enact the BIA levy by-laws and the Sparks Street Mall Authority by-law for the BIAs and mall authority listed in Recommendation 1 once the 2009 tax ratios are approved.

 

                                                                                                            CARRIED

 

 

 

8.             CONSERVATION AUTHORITIES 2009 LEVIES

 

 

COMMITTEE RECOMMENDATION

 

That Council approve the 2009 general and special levies as presented in Document 1 for the following:

 

1.      Rideau Valley Conservation Authority;

2.      South Nation Conservation Authority; and

3.      Mississippi Valley Conservation Authority.

 

                                                                                                            CARRIED

 

 

9.             2009 Tax ratios and other tax policies

 

 

COMMITTEE RECOMMENDATIONS

 

That Council approve:

 

1.   The adoption of the following optional property classes in 2009:

·     Shopping centre commercial property class

·     Parking lots and vacant lands commercial property class

·     Office building commercial property class

·     Large industrial property class

·     New multi-residential property class

·     Professional sports facility class

 

2.                  The adoption of the following tax ratios for 2009:

 

Tax Class

Ratios  **

Residential

1.000000

Multi-Residential

1.750000

New Multi-Residential

1.000000

Farm

0.200000

Managed Forest

0.250000

Pipeline

1.541308

Commercial Broad Class

2.163992

 - Commercial *

2.056746

 - Office Building *

2.484783

 - Parking Lots and Vacant Land – Commercial *

1.347621

 - Shopping Centre *

1.710810

 - Professional Sports Facility *

N/A

Industrial Broad Class

2.540952

 - Industrial *

2.699959

 - Large Industrial *

2.318571

* including new construction classes for BET purposes

** Subject to final minor revisions upon OPTA close-off

 

3.                  The adoption of the following tax ratios and by-laws for the mandatory property subclasses and the tax rate percentage reduction for farm land awaiting development:

·           Commercial excess land (i.e. commercial, office and shopping centre tax classes) - 70% of the applicable commercial property class tax ratio;

·           Vacant industrial land, industrial and large industrial excess land - 65% of the applicable industrial property class tax ratio; and

·                    Farm lands awaiting development subclass I - 75.0% of the residential property class tax ratio and the corresponding tax rate percentage reduction for the awaiting residential, multi-residential, commercial and industrial property classes; and Farm lands awaiting development subclass II - no tax rate reduction;

 

4.                  That the tax rates for 2009 be established based on the ratios adopted herein;

 

5.         a)         That the 2009 capping parameters be approved at the higher of 10% of the previous year’s annualized tax or 5% of the 2008 Current Value Assessment (CVA) taxes;

 

b)                  That for 2009 capped/clawback properties whose recalculated annualized taxes fall within $250 of their CVA taxation be moved to their CVA tax for the year; and

 

c)         That for 2009, properties which have reached CVA during 2008 and/or crossed over from the clawback to the capping category or vice versa in 2009 remain at CVA taxes and be excluded from any further and future capping/clawback adjustments.

 

6.                  That the tax level for “new construction” properties be set at a minimum level of 100% of their CVA taxes for 2009 and future taxation years;

 

7.                  That the property tax mitigation programs currently in place and detailed in this report be continued for 2009, including the Farm Grant Program and the new Low Income Seniors and Disabled Persons Complete Tax Deferral Program and the due date for the low-income seniors and disabled persons complete tax deferral program be changed to February 28 of the relevant tax year;

 

8.                  That Council endorse a risk-based flexible collection process with respect to repayment options for those property owners in arrears;

 

9.                  That a budget adjustment of $5.0 million between taxable revenues and payment in lieu of taxes be recorded to reflect the change in classification of Federal properties that were sold and leased back; and

 

10.              That a budget adjustment of $2.5 million between taxable revenues and tax remissions be recorded to reflect the delay in assessment changes that won’t be processed until after the final tax billing.

 

MOTION NO. 65/4

 

Moved by Councillor A. Cullen

Seconded by Councillor J. Legendre

 

WHEREAS in 2009 the Province has made available a new capping option to exclude properties that reached their Current Value Assessment (hereinafter referred to as “CVA”) in the previous year or crossing over to their CVA during the current year;

 

WHEREAS staff have recommended this option be adopted in the 2009 Tax Ratio and Other Tax Policies report in order to accelerate the move towards all properties paying their full CVA tax level;

 

WHEREAS the Province of Ontario in Regulation 160/09 has now expanded this option to provide the flexibility to select this option separately for properties going from the capped to the claw back categories and the properties going from the claw back to the capped categories;

 

WHEREAS this flexibility would reduce the impact of the percentage and amount clawed back on existing properties paying over and above their current CVA tax level by distributing the impact to more properties;

 

THEREFORE BE IT RESOLVED THAT

1.   For 2009:

(a)  properties that have reached their CVA during 2008 or crossed over from the clawed back category to the capped category remain at CVA taxes and be excluded from any further and future capping adjustments; and

(b)  properties that cross over from the capping to the clawed back category remain subject to claw back adjustments.

                                                                                                            CARRIED

 

MOTION NO. 65/5

 

Moved by Councillor A. Cullen

Seconded by Councillor J. Legendre

 

WHEREAS census data shows that the average income of renters is half the average income of homeowners, yet renters in multi-residential buildings are taxed at a higher rate (in Ottawa at 1.75) than the residential sector;

 

WHEREAS in 1993 the Ontario Fair Tax Commission said “There is no justification for a distinction in tax rate policy on the basis of the type of tenure enjoyed by the occupant of the dwelling unit under consideration”;

 

WHEREAS since 1998 any new multi-residential buildings have been taxed at the same rate of residential homes;

 

WHEREAS in 2001 the City of Ottawa Task Force on Property Assessment & Property Tax Issues recommended that the multi-residential tax rate be lowered to reduce the unfair discrepancy in property taxation between renters and homeowners;

 

WHEREAS since 2001 the City of Ottawa has taken progressive steps to reduce this unfair discrepancy;

 

WHEREAS the tax increase approved by City Council for its 2009 budget will trigger above-guideline increases in rents for most multi-residential tenants, unless the multi-residential tax rate is reduced from the current 1.75 to 1.65;

 

THEREFORE be it resolved that the multi-residential tax rate be reduced to 1.65.

 

LOST on a division of 8 YEAS to 14 NAYS as follows:

 

YEAS (8):        Councillors D. Holmes, R. Chiarelli, C. Doucet, J. Legendre, A. Cullen, S. Qadri, G. Hunter and C. Leadman.

 

NAYS (14):      Councillors E. El-Chantiry, M. Wilkinson, P. Hume, S. Desroches, P. Feltmate, J. Harder, G. Brooks, R. Bloess, D. Deans, R. Jellett, M. Bellemare, B. Monette, M. McRae and Mayor O’Brien.

 

MOTION NO. 65/6

 

Moved by Councillor M. Wilkinson

Seconded by Councillor R. Bloess

 

BE IT RESOLVED that the multi-residential tax ratio be set at 1.70.

 

CARRIED on a division of 15 YEAS to 7 NAYS as follows:

 

YEAS (15):       Councillors M. Wilkinson, D. Holmes, R. Chiarelli, C. Doucet, P. Hume, J. Legendre, A. Cullen, P. Feltmate, S. Qadri, R. Bloess, D. Deans, G. Hunter, M. Bellemare, C. Leadman and M. McRae.

 

NAYS (7):        Councillors E. El-Chantiry, S. Desroches, J. Harder, G. Brooks, R. Jellett, B. Monette and Mayor O’Brien.

 

 

 

10.          WARD BOUNDARIES – FERNBANK LANDS

 

 

COMMITTEE RECOMMENDATIONS AS AMENDED

 

That Council:

 

1.                  Direct staff to bring forward a report to the 16 June 2009 meeting of Corporate Services and Economic Development Committee, to be considered by Council on 24 June 2009, that would enable the Fernbank lands to be redistributed from Ward 21 to Ward 6 and/or Ward 23; and

 

2.                  Direct staff to ensure that all required notice is given to comply with statutory and City requirements.

 

3.         Direct staff to come forward with a report within the first year of the next term of Council to provide for the incorporation within the affected Wards of any changes made to the Urban Boundary resulting from the current Official Plan review.

 

                                                                                                            CARRIED

CORPORATE SERVICES AND ECONOMIC DEVELOPMENT COMMITTEE AND PLANNING AND ENVIRONMENT COMMITTEE JOINT REPORT 1

 

 

1.             ASSESSMENT OF STADIUM PROPOSALS – OSEG (LANSDOWNE LIVE) AND SENATORS SPORTS & ENTERTAINMENT (SS&E), KANATA

 

 

JOINT COMMITTEE RECOMMENDATIONS AS AMENDED

 

That Council consider the following:

 

1.      The acceptance of the staff assessment of the two unsolicited proposals as summarized in this report;

 

2.   That, should Council deem that the construction or reconstruction of a sports and entertainment facility at a capital cost in excess of $100 million dollars represents an infrastructure investment priority for Council at this time, then:

 

a)      That Council direct staff to proceed to the next stage of the evaluation process as per the Opportunity Assessment Framework with the Ottawa Sports and Entertainment Group (OSEG) and Senators Sports and Entertainment (SS&E) proponents. This stage will involve completing the necessary due diligence of the two proposals to ensure all costs have been accounted for and the City is receiving best value in accordance with the process outlined in this report and prior to end of September 2009, or

 

3.   That, should Council not deem that the construction or reconstruction of a sports and entertainment facility at a capital cost in excess of $100 million dollars represents an infrastructure investment priority for Council at this time, then:

 

a.   That both proposals not be pursued further on the basis that the total cost of either proposal prevents them from being an investment priority for Council at this time;

 

b.   That staff be directed to immediately develop alternative redevelopment scenarios for Lansdowne Park in accordance with the process outlined in this report so that Council may establish a new vision for the long-term redevelopment of Lansdowne Park prior to the end of this year; and

 

c.       That staff be directed to immediately complete a comprehensive study to determine the best location for a new sports and entertainment facility that would be designed to serve the needs of the City of Ottawa for the next seventy-years in accordance with the process outlined in this report.

 

motions referred by the Joint Committee

 

That Council consider the following motions, referred by the Joint Committee:

 

A.        WHEREAS the City of Ottawa has received an unsolicited proposal from The Ottawa Sports and Entertainment Group (OSEG), called ‘Lansdowne Live’, designed to revitalize Lansdowne Park and return a Canadian Football League team to Ottawa; and

 

WHEREAS the public has said that they would like Lansdowne Park to have more green space, pedestrian linkages to the Rideau Canal, enhanced Trade and Consumer Show space, and public spaces designed to support community initiatives like the Ottawa Farmers Market and festivals; and

 

WHEREAS revitalizing the Civic Centre and Frank Clair stadium are an important part of the ‘Lansdowne Live’ proposal, and an engineering study has identified that the structures at Lansdowne Park will require millions of dollars to maintain and restore; and

 

WHEREAS the City of Ottawa currently spends approximately $3.8 Million in operations and maintenance and we are limited in sources of new revenue to fund the redevelopment or urgent repairs;

 

THEREFORE BE IT RESOLVED that staff be directed to negotiate a partnership agreement with The Ottawa Sports and Entertainment Group (OSEG) to redevelop Lansdowne Park, including revitalizing the Civic Centre and Frank Clair stadium, enhancing Trade and Consumer Show space and protecting the Ottawa Farmers’ Market, based on a revenue- and value-neutral basis, subject to Committee and Council approval and based on the following conditions:

1.      That the City continue to support the Central Canada Exhibition’s move to the Albion Road site;

2.      That the City of Ottawa’s contribution to the revitalization of Lansdowne Park be limited to a dollar amount to be established during the negotiations, based on the principle of not increasing the overall cost to the taxpayer; and

3.      That any revenues generated from the revitalized Lansdowne Park not be used to subsidize any professional sports teams; and

 

BE IT FURTHER RESOLVED that the negotiations take place within a 60-day timetable; and

 

BE IT FURTHER RESOLVED that revitalizing Lansdowne Park be confirmed as our stadium priority project for Federal and Provincial infrastructure funding.

 

B.        WHEREAS City Council has already approved a series of guidelines for the transformation of Lansdowne Park, including the following:

§         That a substantial portion of the existing hard surface area must be reserved as, and designed as, public open spaces that are green and sustainable, suitable for recreational use and complementary to Lansdowne Park’s overall function;

§         That the Aberdeen Pavilion remain in its current location and plans must preserve and enhance sight lines to this building from the surrounding streets and from the Rideau Canal, and the façade of the Horticulture Building be retained;

§         That public pedestrian and bicycle access to the Rideau Canal, to the recreational pathways and gardens that abut Lansdowne Park and links to adjacent parks be improved;

§         That Frank Clair Stadium and the Civic Centre be enhanced;

§         That plans recognize Bank Street’s designation as a Traditional Mainstreet in the Official Plan;

§         That the opportunities for use of the site by community stakeholders, such as local sports groups, should be enhanced;

§         That the plan should provide for the continuation of the seasonal Ottawa Farmers’ Market in an exterior public space;

§         That the plan should also explore opportunities for outdoor performance and festival areas;

§         That any proposed buildings should achieve a minimum standard of LEED Silver;

§         That plans are able to be implemented in a timely fashion, and keep in mind the City’s financial ability to contribute to the redevelopment; and

 

WHEREAS any development of Lansdowne Park must respect the scale and character of the neighbourhood;

 

THEREFORE BE IT RESOLVED that staff be directed to incorporate the following conditions into any partnership agreement that will be negotiated to redevelop Lansdowne Park, including revitalizing the Civic Centre and Frank Clair Stadium, subject to Committee and Council approval:

 

1.   That the design principles incorporate the following:

a.      That the composition of retail, commercial, and community-benefit public space, including the Farmers’ Market, for the balance of the lands at Lansdowne Park give regard to the criteria established by Council, listed in Document 1 of the Lansdowne Park-Design Competition report, and be determined through a design process; and

b.       That the plan respect the scale and character of the neighbourhood and the public nature of the site, and that:

                                                                                      i.      There be no housing component;

                                                                                    ii.      There be no big box retail stores;

                                                                                  iii.      Commercial uses be limited to uses that support the main uses on the site, and that the commercial uses be “boutique” in nature;

                                                                                   iv.      Public transit options be considered; and

                                                                                     v.      The Trade Show and Consumer Show space be enhanced; and

c.       That the design process includes a comprehensive public consultation process prior to a final decision by City Council; and

2.   That the City of Ottawa’s contribution to the revitalization of Lansdowne Park be limited to a dollar amount to be established during the negotiations, to be based on not increasing the overall cost to the taxpayer; and

3.   That any revenues generated from the revitalized Lansdowne Park not be used to subsidize any professional sports;

 

BE IT FURTHER RESOLVED that the negotiations include consultations with the National Capital Commission and an understanding from the Federal and Provincial Governments regarding their level of financial commitment.

 

C.        WHEREAS the City of Ottawa has received an unsolicited proposal from the Senators Sports and Entertainment (SS&E) to provide a stadium for professional soccer in Ottawa; and

 

WHEREAS the growth in popularity of soccer would benefit from a dedicated facility and the provision of community fields would be beneficial to the City of Ottawa;

 

THEREFORE BE IT RESOLVED that the City of Ottawa be directed to negotiate an agreement with the Senators Sports and Entertainment (SS&E) to develop 30 acres of City-owned land along Palladium Drive, subject to SS&E receiving confirmation of a Major League Soccer (MLS) Franchise and Committee and Council approval, based on the following conditions:

1.   That the subject lands be leased to SS&E for $1, with the term of the lease to be the subject of negotiations and conditional on the development of a soccer-specific stadium to house an MLS team and community fields; and

2.   That the City in return for the provision of community fields, designate the fields and stadium as a municipal capital facility and provide a contribution of up to $10 million.

 

BE IT FURTHER RESOLVED that the negotiations take place within a 60-day timetable.

 

DECLARATIONS OF INTEREST

 

Councillor D. Thompson declared a potential, deemed pecuniary interest on Council Agenda 65, 22 April 2009, with respect to Motion No. 47/18 - Resumption of Design Lansdowne process under Postponements and Deferrals, Motion No. 47/18 and Item 1 of Joint Corporate Services and Economic Development Committee and Planning and Environment Committee Joint Report 1, - Assessment of Stadium Proposals – OSEG (Lansdowne Live) and Senators Sports & Entertainment (SS&E) Kanata because a family member is employed by one of the proponents.

 

Councillor Thompson did not take part in the discussion or vote on this item.

 

MOTION NO. 65/7

 

Moved by Councillor R. Chiarelli

Seconded by Councillor B. Monette

 

That Recommendation 1 be replaced with the following: “That Council receive the staff assessment of the two unsolicited proposals as summarized in this report.”

 

                                                                                                            CARRIED

 

MOTION NO. 65/8

 

Moved by Councillor A. Cullen

Seconded by Councillor J. Legendre

 

THEREFORE BE IT RESOLVED THAT Council does not deem that the construction or reconstruction of a sports and entertainment facility at a capital cost in excess of $100 million dollars represents an infrastructure investment priority for Council at this time; and

 

BE IT FURTHER RESOLVED:

 

a.   That both proposals (OSEG and SS&E) not be pursued further at this time;

 

b.   That staff be directed to immediately develop alternative redevelopment scenarios for Lansdowne Park in accordance with the process outlined in this report (Assessment of Stadium Proposals – OSEG (Lansdowne Live) and Senators Sports & Entertainment (SS&E), Kanata) so that Council may establish a new vision for the long-term redevelopment of Lansdowne Park prior to the end of this year; and

 

c.   That staff be directed to immediately complete a comprehensive study to determine the best location for a new sports and entertainment facility that would be designed to serve the needs of the City of Ottawa for the next seventy-years in accordance with the process outlined in this report.

 

LOST on a division of 9 YEAS to 14 NAYS as follows:

 

YEAS (9):        Councillors D. Holmes, C. Doucet, P. Hume, J. Legendre, A. Cullen, P. Feltmate, G. Hunter , G. Bédard and C. Leadman.

 

NAYS (14):      Councillors E. El-Chantiry, M. Wilkinson, R. Chiarelli, S. Desroches, J. Harder, S. Qadri, G. Brooks, R. Bloess, D. Deans, R. Jellett, M. Bellemare, B. Monette, M. McRae and Mayor O’Brien.

 

MOTION NO. 65/9

 

Moved by Councillor R. Chiarelli

Seconded by Councillor J. Harder

 

That Motion A be replaced with the following:

 

WHEREAS the City of Ottawa has received an unsolicited proposal from The Ottawa Sports and Entertainment Group (OSEG), called ‘Lansdowne Live’, designed to revitalize Lansdowne Park and return a Canadian Football League team to Ottawa; and

 

WHEREAS the public has said that they would like Lansdowne Park to have more green space, pedestrian linkages to the Rideau Canal, enhanced Trade and Consumer Show space, and public spaces designed to support community initiatives like the Ottawa Farmers Market and festivals; and

 

WHEREAS revitalizing the Civic Centre and Frank Clair stadium are an important part of the ‘Lansdowne Live’ proposal, and an engineering study has identified that the structures at Lansdowne Park will require millions of dollars to maintain and restore; and

 

WHEREAS the City of Ottawa currently spends approximately $3.8 Million in operations and maintenance and we are limited in sources of new revenue to fund the redevelopment or urgent repairs;

 

THEREFORE BE IT RESOLVED that staff be directed to negotiate a partnership agreement with The Ottawa Sports and Entertainment Group (OSEG) to redevelop Lansdowne Park, including revitalizing the Civic Centre and Frank Clair stadium, enhancing Trade and Consumer Show space and protecting the Ottawa Farmers’ Market, based on a revenue- and value-neutral basis, subject to Committee and Council approval and based on the following conditions:

1.      That the City continue to support the Central Canada Exhibition’s move to the Albion Road site;

2.      That the City of Ottawa’s contribution to the revitalization of Lansdowne Park be limited to a dollar amount to be established during the negotiations, based on the principle of not increasing the overall cost to the taxpayer; and

3.      That any revenues generated from the revitalized Lansdowne Park not be used to subsidize any professional sports teams; and

 

BE IT FURTHER RESOLVED that the negotiations take place within a 60-day timetable; and

 

BE IT FURTHER RESOLVED that revitalizing Lansdowne Park be confirmed as our stadium priority project.

 
MOTION NO. 65/10

 

Moved by Councillor D. Deans

Seconded by Councillor E. El-Chantiry

 

WHEREAS City Council has already approved a series of guidelines for the transformation of Lansdowne Park;

 

AND WHEREAS any development of Lansdowne Park must respect the scale and character of the neighbourhood and the public nature of the site;

 

THEREFORE BE IT RESOLVED that recommendation 1 of Motion A read as follows:

1.   That the design principles incorporate the following:

a.       That the composition of retail, commercial, and community-benefit public space, including the Farmers’ Market, for the balance of the lands at Lansdowne Park give regard to the criteria established by Council, listed in Document 1 of the Lansdowne Park-Design Competition report, and be determined through a design process as follows

                                                              i.            That a substantial portion of the existing hard surface area must be reserved as, and designed as, public open spaces that are green and sustainable, suitable for recreational use and complementary to Lansdowne Park’s overall function;

                                                            ii.            That the Aberdeen Pavilion remain in its current location and plans must preserve and enhance sight lines to this building from the surrounding streets and from the Rideau Canal, and the façade of the Horticulture Building be retained;

                                                          iii.            That public pedestrian and bicycle access to the Rideau Canal, to the recreational pathways and gardens that abut Lansdowne Park and links to adjacent parks be improved;

                                                          iv.            That plans recognize Bank Street’s designation as a Traditional Mainstreet in the Official Plan;

                                                            v.            That the opportunities for use of the site by community stakeholders, such as local sports groups, should be enhanced;

                                                          vi.            That the plan should provide for the continuation of the seasonal Ottawa Farmers’ Market in a public space;

                                                        vii.            That the plan should also explore opportunities for outdoor performance and festival areas;

                                                      viii.            That any proposed buildings should achieve a minimum standard of LEED Silver;

                                                          ix.            That plans are able to be implemented in a timely fashion, and keep in mind the City’s financial ability to contribute to the redevelopment; and

 

b.      That the plan respect the scale and character of the neighbourhood and the public nature of the site, and that:

                                                              i.            There be no housing component;

                                                            ii.            There be no large format commercial;

                                                          iii.            Commercial uses be limited to uses that support the main uses on the site, and/or that are compatible with the neighbouring business districts;

                                                          iv.            Public transit options be considered; and

                                                            v.            That the City approve the design and form of any buildings constructed on the site;

                                                          vi.            Both members of the partnership must agree on the acceptance of each tenant; and

 

c.       That the design process includes a comprehensive public consultation process prior to a final decision by City Council; and

 

BE IT FURTHER RESOLVED that the existing recommendations 1,2 and 3 be renumbered accordingly; and

 

BE IT FURTHER RESOLVED that the negotiations include consultations with the National Capital Commission and for the final design the Commission’s Advisory Committee on Planning, Design and Realty and an understanding from the Federal and Provincial Governments regarding their level of financial commitment

 

CARRIED on a division of 19 YEAS to 4 NAYS as follows:

 

YEAS (19):       Councillors E. El-Chantiry, M. Wilkinson, D. Holmes, R. Chiarelli, P. Hume, S. Desroches, A. Cullen, P. Feltmate, J. Harder, S. Qadri, G. Brooks, R. Bloess, D. Deans, R. Jellett, M. Bellemare, B. Monette, C. Leadman, M. McRae and Mayor O’Brien.

 

NAYS (4):        Councillors C. Doucet, J. Legendre, G. Hunter and G. Bédard.

 
MOTION NO. 65/11

 

Moved by Councillor M. Bellemare

Seconded by Councillor A. Cullen

 

WHEREAS City Council wishes to address the long term needs and planning priorities of Ottawa in connection with the redevelopment of Lansdowne Park, and the location of a future sports stadium easily accessible via rapid transit; 

 

THEREFORE BE IT RESOLVED that negotiations with the Ottawa Sports and Entertainment group also explore the possibility of combining the ‘Lansdowne Live’ proposal with the relocation of the sports stadium and other elements near a rapid transit station such as LeBreton Flats or Bayview, while ensuring a reasonable transition period during which Frank Clair Stadium and the Civic Centre are maintained as an interim measure.

 

LOST on a division of 6 YEAS to 15 NAYS as follows:

 

YEAS (6):        Councillors D. Holmes, A. Cullen, R. Bloess, R. Jellett, M. Bellemare and G. Bédard.

 

NAYS (15):      Councillors E. El-Chantiry, M. Wilkinson, R. Chiarelli, P. Hume, J. Legendre, S. Desroches, P. Feltmate, J. Harder, S. Qadri, G. Brooks, G. Hunter, B. Monette, C. Leadman, M. McRae and Mayor O’Brien.

 

 

Motion No. 65/9 as amended by Motion No. 65/10 was then put to Council and CARRIED on a division of 14 YEAS to 9 NAYS as follows:

 

YEAS (14):       Councillors E. El-Chantiry, M. Wilkinson, R. Chiarelli, S. Desroches, J. Harder, S. Qadri, G. Brooks, R. Bloess, D. Deans, G. Hunter, R. Jellett, B. Monette, M. McRae and Mayor O’Brien.

 

NAYS (9):        Councillors D. Holmes, C. Doucet, P. Hume, J. Legendre, A. Cullen, P. Feltmate, M. Bellemare, G. Bédard and C. Leadman.

 

 

MOTION N0. 65/12

 

Moved by Councillor D. Deans

Seconded by Councillor E. El-Chantiry

 

That the following (Deans / El-Chantiry) Motion set out in the Council Agenda as B, be tabled.

 

B.        WHEREAS City Council has already approved a series of guidelines for the transformation of Lansdowne Park, including the following:

 

WHEREAS any development of Lansdowne Park must respect the scale and character of the neighbourhood;

 

THEREFORE BE IT RESOLVED that staff be directed to incorporate the following conditions into any partnership agreement that will be negotiated to redevelop Lansdowne Park, including revitalizing the Civic Centre and Frank Clair Stadium, subject to Committee and Council approval:

 

1.   That the design principles incorporate the following:

a.   That the composition of retail, commercial, and community-benefit public space, including the Farmers’ Market, for the balance of the lands at Lansdowne Park give regard to the criteria established by Council, listed in Document 1 of the Lansdowne Park-Design Competition report, and be determined through a design process; and

b.   That the plan respect the scale and character of the neighbourhood and the public nature of the site, and that:

                                                              i.      There be no housing component;

                                                            ii.      There be no big box retail stores;

                                                          iii.      Commercial uses be limited to uses that support the main uses on the site, and that the commercial uses be “boutique” in nature;

                                                          iv.      Public transit options be considered; and

                                                            v.      The Trade Show and Consumer Show space be enhanced; and

c.   That the design process includes a comprehensive public consultation process prior to a final decision by City Council; and

2.   That the City of Ottawa’s contribution to the revitalization of Lansdowne Park be limited to a dollar amount to be established during the negotiations, to be based on not increasing the overall cost to the taxpayer; and

3.   That any revenues generated from the revitalized Lansdowne Park not be used to subsidize any professional sports;

 

BE IT FURTHER RESOLVED that the negotiations include consultations with the National Capital Commission and an understanding from the Federal and Provincial Governments regarding their level of financial commitment.

 

                                                                                                TABLING CARRIED

 

MOTION NO. 65/13

 

Moved by Councillor M. Wilkinson

Seconded by Councillor S. Qadri

 

WHEREAS the City of Ottawa has received an unsolicited proposal from the Senators Sports and Entertainment (SS&E) to provide a stadium for professional soccer in Ottawa; and

 

WHEREAS the growth in popularity of soccer would benefit from a dedicated facility and the provision of community fields would be beneficial to the City of Ottawa;

 

THEREFORE BE IT RESOLVED that the City of Ottawa be directed to negotiate an agreement with the Senators Sports and Entertainment (SS&E) to develop 30 acres of City-owned land along Palladium Drive for a soccer specific stadium and community soccer fields, subject but not limited to the following terms and conditions:

1. SS&E receiving confirmation of a Major League Soccer (MLS) Franchise prior to development of the stadium;

2. That ownership of the stadium and community fields remain with the City of Ottawa;

3. The financial contribution from the City for the stadium be limited to $17 million;

4. That the City of Ottawa supports the SS&E in raising the additional funds to construct the facility;

5. That 50% of all profits from every operation in the stadium be paid to the City of Ottawa; and.

6. That the City and SS&E agree to expedite further development on SS&E lands that are estimated to provide $5 million annually in property taxes.

 

BE IT FURTHER RESOLVED that the negotiations take place within a 90-day timetable.

MOTION NO. 65/14

 

Moved by Councillor M. Wilkinson

Seconded by Councillor S. Qadri

 

That Motion No. 65/13 (Revised C) be tabled until the report on the results of the OSEG negotiations is before Council.

 

 

MOTION NO. 65/15

 

Moved by Councillor G. Hunter

Seconded by Councillor A. Cullen

 

That Motion No. 65/13 (Revised C) be tabled until Council has made a final decision on the OSEG proposal.

 

Motion No. 65/14 was put to Council and TABLING CARRIED on a division of 13 YEAS to 8 NAYS as follows:

 

YEAS (13):       Councillors E. El-Chantiry, M. Wilkinson, R. Chiarelli, P. Hume, P. Feltmate, J. Harder, S. Qadri, G. Brooks, R. Bloess, D. Deans, B. Monette, M. McRae and Mayor O’Brien.

 

NAYS (8):        Councillors D. Holmes, C. Doucet, J. Legendre, A. Cullen, G. Hunter, R. Jellett, M. Bellemare and C. Leadman.

 

Motion 65/14 having CARRIED, Motion 65/15 was ruled REDUNDANT.

 

The following motion was considered later in the meeting but is set out below for ease of reference.

 

MOTION NO. 65/16

 

Moved by Councillor R. Chiarelli

Seconded by Councillor D. Deans

 

That the Rules of Procedure be suspended to consider and approve the following motion:

 

THEREFORE BE IT RESOLVED THAT the City Manager be delegated the authority to expend the necessary resources to implement Council’s decision in Joint CSEDC and PEC Report 1  - Assessment of Stadium Proposals – OSEG (Lansdowne Live) and Senators Sports & Entertainment (SS&E), Kanata up to an upset limit of $200,000.

 

CARRIED with Councillors A. Cullen and P. Feltmate dissenting.

Item 1 of Corporate Services and Economic Development Committee and Planning and Environment Committee Joint Report 1 was then put to Council and CARRIED as amended by Motions 65/7, 65/9 as amended by 65/10, 65/12, 65/14 and 65/16.

 

PLANNING AND ENVIRONMENT COMMITTEE REPORT 49

 

 

1.             HeRITAGE DEMOLITION BY neglect

 

 

Committee recommendationS as amended

 

Council direct staff:

 

1.         To develop heritage property standards by-law provisions to prescribe minimum standards for the maintenance of heritage attributes of properties designated under Parts IV and V of the Ontario Heritage Act;

 

2.         To investigate means by which the maintenance of non-designated properties listed as having heritage interest may be required such that those properties are not destroyed through neglect;

 

3.         To report back to Council by Fall 2009 outlining the proposed heritage property standards by-law provisions, a recommended enforcement protocol and the resource requirements for the implementation and enforcement of the new standards;

 

4.         To develop and establish, by Fall 2009, an Emergency Heritage Preservation Protocol that includes timely response and cooperation between the Building Code Services, By-law and Regulatory Services, Ottawa Fire Services and Planning for the purpose of preserving and protecting properties designated under Parts IV and V of the Ontario Heritage Act; and

 

5.                  To investigate and report back to Council on a plan to acquire endangered designated heritage property where Council has deemed the preservation of the designated building to be of sufficient cultural heritage value to necessitate intervention, and on the requisite capital funding to enable the acquisition, rehabilitation and development of such properties.

 

                                                                                                            CARRIED

 

 

2.             TREASURER’S STATEMENTS ON DEVELOPMENT CHARGES FOR 2007 AND 2008

 

 

Committee recommendation

 

That Council receive this report for information.

 

                                                                                                            RECEIVED

 

 

3.             IC&I WASTE DIVERSION STRATEGY "DIVERSION 2015" - FINAL REPORT

 

 

Committee recommendations

 

That Council:

 

1.                  Receive the Consultation Report, dated January 15, 2009, on the Draft Industrial, Commercial Institutional (IC&I) 2015 Waste Diversion Strategy;

 

2.                  Approve Diversion 2015, the IC&I Waste 3R Strategy as set out in Document 2;

 

3.                  Approve Diversion 2015 IC&I Waste Diversion Implementation Plan – Overview (2009-2015) as set out in Document 3; and

 

4.         Approve Diversion 2015 IC&I Waste Diversion 2009-2010 Work Plan, as set out in Document 4.

 

                                                                                                            CARRIED

 

 

4.             RESIDENTS’ PETITION FOR THE INSTALLATION OF SANITARY SEWER INFRASTRUCTURE AS A LOCAL IMPROVEMENT IN RIDEAU GLEN

 

 

Committee recommendation

 

That Council approve a by-law to undertake the construction of sanitary sewer infrastructure within the Rideau Glen area as petitioned Local Improvement works and in accordance with the cost apportionment as outlined in this report.

 

                                                                                                            CARRIED

 

 

 

 

5.             ZONING - 2 AND 4 PERRY STREET AND PART OF 49 LAIRD STREET

 

 

Committee recommendation as amended

 

(This application is subject to Bill 51)

 

That Council approve an amendment to Zoning By-law 2008-250 to change the zoning of 2 and 4 Perry Street and part of 49 Laird Street from R1FF – Residential First Density Subzone FF and I1B  – Minor Institutional Subzone B to I1B [xxx] – Minor Institutional Subzone B, Exception xxx, as shown on Document 1 and as detailed in Document 2, as amended in Item 2(b) to change the required width of landscaped buffer abutting a street from 0.75 metres to 0.69 metres.

 

                                                                                                            CARRIED

 

 

6.             COMPREHENSIVE ZONING BY-LAW 2008-250 – ANOMALIES – 20 FRANK NIGHBOR ROAD AND 613 HAZELDEAN ROAD

 

 

Committee recommendations

 

(This matter is subject to Bill 51)

 

That Council:

 

1.         Repeal By-laws 2008-458 and 2008-459;

 

2.         Approve the amendments recommended in Document 1, and as shown on Documents 3 and 5 with respect to 20 Frank Nighbor Road and 613 Hazeldean Road; and

 

3.         Authorize the City Clerk and Solicitor to implement Recommendations 1 and 2 either through by-law enacted by Council or through Orders of the Ontario Municipal Board.

 

MOTION NO. 65/17

 

Moved by Councillor J. Legendre

Seconded by Councillor M. McRae

 

BE IT RESOLVED THAT the last sentence in the definition of flood fringe be deleted.

 

                                                                                                            CARRIED

Item 6 of Planning and Environment Committee Report 49 was then put to Council and CARRIED as amended by Motion No. 65/17.

 

 

7.             COMPREHENSIVE ZONING BY-LAW 2008-250: APPEALS TO THE ONTARIO MUNICIPAL BOARD (THIRD REPORT)

 

 

Committee recommendation as amended

 

(This matter is subject to Bill 51)

 

That Council approve the amendments recommended in Column 4 of Document 1, to resolve certain appeals to By law 2008-250, and forward a by-law incorporating the required amendments to the Ontario Municipal Board, excluding Appeal 19, which was referred back to staff.

 

MOTION NO. 65/18

 

Moved by Councillor P. Feltmate

Seconded by Councillor P. Hume

 

WHEREAS Zoning By-law 2008-250 placed the lands located at 800 Stonehaven Drive in an LC7[74] zone;

 

AND WHEREAS this site was previously zoned CG4 in the former City of Kanata Zoning By-law 168-94;

 

AND WHEREAS the subject lands contain an existing convenience store that was permitted under the former CG4 zoning as a “retail store”;

 

AND WHEREAS the LC7[74] zoning does not recognize the convenience store use;

 

AND WHEREAS an appeal to Zoning By-law 2008-250 was filed by the property owner objecting to this situation;

 

AND WHEREAS Staff support reinstating the permission for this use and the appellant has agreed to withdraw the balance of the appeal if the zoning is amended accordingly;

 

THEREFORE BE IT RESOLVED that the subject lands be rezoned from LC7[74] to LC7[xxx], with the new exception retaining the existing provisions of Exception [74] and adding “convenience store” as an additional permitted land use.

 

THAT pursuant to the Planning Act, subsection 34(17) no further notice be given.

 

                                                                                                            CARRIED

MOTION NO. 65/19

 

Moved by Councillor P. Hume

Seconded by Councillor P. Feltmate

 

WHEREAS Arnold Kimmel Limited and Hartman Management Corpporation have appealed provision 112(1)(c)(ii) in Table 112;

 

AND WHEREAS this provision requires the following in respect of queuing spaces;

 

With order board: 7 before/at order board and 4 between order and pickup windows

 

AND WHEREAS Planning staff have reviewed the appeal and provided the minimum of seven places before the order board and eleven spaces in total are provided, can support increased flexibility in 112(1)(c)(ii);

 

AND WHEREAS the hearing on the appeal is scheduled to take place on 30 April;

 

THEREFORE BE IT RESOLVED THAT Council support a modification to provision 112(1)(c)(ii) to require:

 

A minimum of 7 before/at order board and a minimum total number of 11.

 

                                                                                                            CARRIED

 

Item 7 of Planning and Environment Committee Report 49 was then put to Council and CARRIED as amended by Motion Nos. 65/18 and 65/19.

 

 

 

8.             BUILDING PERMIT FEES

 

 

Committee recommendations

 

That Council approve, effective April 22, 2009:

 

1.                  A reduction in the building permit fee rate from $13.25 to $12.50 per $1,000 in construction value for all construction except farm buildings;

 

2.                  A downward adjustment to the building permit fee rate for farm buildings to $8.75 per $1,000 in construction value, and

 

3.                  That the Building By-law 2005-303 be amended accordingly.

 

                                                                                                            CARRIED

 

9.          City of ottawa compliance with ONTARIO'S NEW COSMETIC PESTICIDES BAN

 

 

Committee recommendation

 

That Council approve that the City of Ottawa Pesticide Use Policy 2008, be revoked effective April 22, 2009 when Ontario Provincial Regulation 63/09 comes into effect.

 

                                                                                                            CARRIED

 

 

 

10.        BILL 150 - GREEN ENERGY AND GREEN ECONOMY ACT, 2009

 

 

Committee recommendationS

 

That Council:

 

1.         Approve the comments on Bill 150 - Green Energy and Green Economy Act, 2009 as outlined in Document 1 attached; and

 

2.         Direct that these comments be forwarded to the Ministry of Energy and Infrastructure and to the Standing Committee on Bill 150.

 

MOTION NO. 65/20

 

Moved by Councillor C. Doucet

Seconded by Councillor C. Leadman

 

WHEREAS Bill 150 – Green Energy and Green Economy Act, 2009 proposes to remove renewable energy projects from municipal Site Plan Control;

 

AND WHEREAS site plan control provides the City of Ottawa with a critical tool to address site specific concerns and servicing issues with respect to renewable energy installations;

 

AND WHEREAS Planning and Environment Committee directed that the language in the City’s submission to the Province regarding site plan approval be strengthened;

 

AND WHEREAS staff was directed to review the submission by Councillor Doucet regarding capital cost overruns and renewable energy sources, as well as feed-in tariff for combined heat and power;

 

AND WHEREAS Combined Heat and Power Plants using natural gas as a fuel source represent a very efficient source of heat and power;

 

AND WHEREAS the Feed-in Tariff system, which provides a guaranteed price for producers of different forms of renewable energy, proposed under Bill 150 does not include a provision for combined heat and power using natural gas as a fuel source;

 

THEREFORE BE IT RESOLVED that the City’s comments on Bill 150 as outlined in Document 1 be revised to strengthen the wording from “we question the removal of site plan control”, to “we do not support the removal of site plan control” prior to submission to the Standing Committee on Bill 150;

 

AND BE IT RESOLVED that Council also recommend to the Province that a feed-in tariff be created for combined heat and power projects using natural gas.

 

                                                                                                            CARRIED

 

Item 10 of Planning and Environment Committee Report 49 was then put to Council and CARRIED as amended by Motion No. 65/20.

 

 

MOTION NO. 65/21

 

Moved by Councillor J. Harder

Seconded by Councillor E. El-Chantiry

 

That Council extend the meeting time beyond 7 p.m. pursuant to Subsection 8.(1)(c) of Procedure By-law 2006-462.

 

CARRIED on a division of 13 YEAS to 8 NAYS as follows:

 

 

YEAS (13):       Councillors E. El-Chantiry, M. Wilkinson, D. Holmes, C. Doucet, S. Desroches, A. Cullen, J. Harder, S. Qadri, G. Brooks, R. Bloess, G. Hunter, B. Monette and Mayor O’Brien.

 

NAYS (8):        Councillors R. Chiarelli, P. Hume, J. Legendre, P. Feltmate, D. Deans, R. Jellett, C. Leadman and M. McRae.


 

TRANSPORTATION COMMITTEE REPORT 28

 

    

1.             MUNICIPAL PARKING MANAGEMENT STRATEGY and governance review

 

 

COMMITTEE RECOMMENDATION AS AMENDED

 

That Council:

 

1.                  Approve the City of Ottawa Municipal Parking Management Strategy, attached as Document 1, which includes the following elements:

a.                   Parking Management Principles and Objectives;

b.                  Funding Model;

c.                   Parking Rate Setting Guideline;

d.                  Performance Measures; and

e.                  Parking Function Accountabilities;

2.                  Approve the continuance of the internal Governance Model and adopt the Parking Stakeholder Consultation Group Terms of Reference, attached as Document 2;

3.                  Approve the Standard Terms of Reference for Local Area Parking Studies, attached as Document 3;

4.                  Subject to approval of recommendation 1 and 2, direct staff to carry out the Implementation Plan, attached as Document 4, which builds the foundation for the new Parking Management Program, and includes the following elements:

a.                   Initiate a Local Area Parking Study for the By Ward Market in 2009;

b.                  Establish the Parking Stakeholders Consultation Group;

c.                   Amend the Tariff of Fees Bylaw to allow for a range of permitted parking rates;

d.                  Restate the 2009 Budget in accordance with the adopted funding model; and

e.                  Undertake further Local Area Parking Studies in 2010;

5.                  Subject to the approval of recommendation 1 and 2, approve that $75,000 for parking studies to be undertaken in 2009 be added to the list of 2009 one-time operating needs to be funded from Works in Progress capital closures;

6.                  Subject to the approval of recommendation 1, approve the establishment of a parking reserve fund with funds derived from parking fees and the sale of parking capital assets for parking related programs consistent with the Municipal Parking Management Strategy and enact a by-law to establish the reserve;

7.         Subject to the approval of Recommendation 1, approve:

a.         That the General Manager of Public Works and the Deputy City Manager of City Operations individually be delegated the authority to vary the on-street parking rates and the hours of parking by location provided that the variation of the rates is consistent with the Municipal Parking Management Strategy and is within the range approved by City Council as part of the annual budget and the local Ward Councillor, BIA, and Community Association concur; and

b.         That the existing delegation of authority to vary off-street parking rates be expanded to permit staff to alter rates for alternative modes of transportation, such as motorcycles, scooters, and auto-share vehicles provided that the variation of the rates is consistent with the Municipal Parking Management Strategy and is within the range approved by City Council as part of the annual budget;

8.         Approve an annual grant of up to $5,000 to each BIA that has metered parking for initiatives that are in keeping with the Parking Management strategy with budget funds being reallocated from the Parking Program advertising and promotion account to a Parking Program grant account;

9.         Amend the “Parking Stakeholder Consultation Group TOR” membership to include 3 community association representatives and one place of worship representative;

10.       Amend the description of the Parking Stakeholders Consultation Group meetings to read:

The Parking Stakeholders Consultation Group will meet on a quarterly basis or more when required at the request of the General Manager of Public Works, or his/her designate, or as requested by a majority of Parking Stakeholder Consultation Group members;

11.       Expand the ‘Percent for Art Program’ to city parking development projects in excess of $500,000;

12.       Direct staff to undertake consultation with all stakeholders including appropriate BIAs, Community Associations, the ward Councillor and places of worship regarding any parking fee increase proposed as part of the City’s annual budget;

13.       Direct staff, in the third annual report on the parking management strategy, to review the parking governance model with a comparison with the parking authority;

14.       Amend By-law No. 2003-530, the Traffic and Parking By-law, to permit two motorcycles to park in one on-street parking meter space:

a.         Despite the above, where the parking meter space is parallel to the curb line, the angle for parking each motorcycle, relative to the curb, must not exceed 45 degrees; and

 

b.         That staff monitor the use of on-street parking stalls by motorcycles, and report findings as part of the Parking Management Strategy Annual Report.

 

MOTION NO. 65/22

 

Moved by Councillor D. Holmes

Seconded by Councillor C. Leadman

 

WHEREAS, presently, indirect costs including snow clearing and road and curb lifecycle maintenance are applied against the net revenue of the parking program;

 

THEREFORE BE IT RESOLVED THAT non-incremental indirect costs be deleted from the financial calculation so that it is not applied against net revenue.

 

CARRIED on a division of 11 YEAS to 9 NAYS as follows:

 

YEAS (11):       Councillors D. Holmes, C. Doucet, P. Hume, J. Legendre, A. Cullen, P. Feltmate, J. Harder, D. Deans, M. Bellemare, G. Bédard and C. Leadman.

 

NAYS (9):        Councillors E. El-Chantiry, M. Wilkinson, S. Desroches, S. Qadri, G. Brooks, R. Bloess, G. Hunter, R. Jellett and B. Monette.

 

 

Item 1 of Transportation Committee Report 28 was then put to Council and CARRIED as amended by Motion No. 65/22.

 

 

 

2.             pay and display – Ottawa Option Procurement Process

 

 

COMMITTEE RECOMMENDATION

 

That Council approve the attached Request for Submission, which will serve as the basis for the next phase of the Ottawa Option procurement process.

 

CARRIED on a division of 17 YEAS to 6 NAYS as follows:

 

YEAS (17):       Councillors E. El-Chantiry, M. Wilkinson, R. Chiarelli, P. Hume, S. Desroches, J. Harder, G. Brooks, R. Bloess, D. Deans, G. Hunter, R. Jellett, M. Bellemare, B. Monette, G. Bédard, C. Leadman, M. McRae and Mayor O’Brien.

 

NAYS (6):        Councillors D. Holmes, C. Doucet, J. Legendre, A. Cullen, P. Feltmate and S. Qadri.

 

 

3.             Waiver of the Signs on City Roads By-law to permit the temporary installation of wayfinding signs during preston street reconstruction.

 

 

COMMITTEE RECOMMENDATION AS AMENDED

 

That Council approve the waiver of Section 4 of By-law No. 2003-520, the Signs on City Roads By-law to permit the installation of a temporary wayfinding sign system during the reconstruction of Preston Street provided that:

a.         The sign system is comprised of “Business Listing” signs, placed along Rochester Street or other routes as agreed to by staff, and “Advanced Notice” signs placed in advance of the Preston Street construction area on Gladstone, Somerset W., Albert, Raymond and at Carling at Booth and Carling at Champagne,

b.         The signs be fabricated, installed, maintained and removed by the City of Ottawa at the cost up to $8,000

c.         The signs shall only be placed during the reconstruction of Preston Street; and,

d.         In accordance with the City’s Tourism and Public Service Signs Policy the dimensions of the signs are no greater than 60cm in width and 90cm in height.

 

                                                                                                            CARRIED

 

Motion to Adopt Reports

 
MOTION NO. 65/23

 

Moved by Councillor M. Bellemare

Seconded by Councillor G. Brooks

 

That the Agriculture and Rural Affairs Committee Report 39, Community and Protective Services Committee Report 38A, Corporate Services and Economic Development Committee Report 40A, Corporate Services and Planning and Environment Committee Joint Report 1, Planning and Environment Committee Report 49 and Transportation Committee Report 28 and City’s Meetings Investigator Entitled “Report of the Meetings Investigator Regarding the Closed Meetings of Council on January 28, 2009”; the report from the City Clerk and Solicitor entitled "Status Update – Council Inquiries and Motion for the Period Ending 8 April 2009"; the report from the City Treasurer entitled “Provincial Gas Tax”; the report from the Local Architectural Conservation Advisory Committee entitled “Demolition of 464-474 Bank Street, a Property Designated under Part V of the Ontario Heritage Act, within the Centretown Heritage Conservation District” be received and adopted as amended.

                                                                                                            CARRIED

Motions of Which Notice has Been Given Previously

 

MOTION NO. 65/24

 

Moved by Councillor P. Hume

Seconded by Councillor J. Harder

 

WHEREAS the economic downturn has significantly affected the residential and non-residential construction industry;

 

AND WHEREAS the construction industry in a major component of the economy of the City of Ottawa;

 

AND WHEREAS the development charge background study and accompanying report to be submitted to Committee and Council will recommend moving the annual date for increase in development charges to a later date;

 

AND WHEREAS the policy report considered by Council on 11 March 2009 did not by inadvertence of staff contain a recommendation moving back the indexing date to a point later in the current year;

 

AND WHEREAS Recommendation No. 5. in the policy report for the Development Charge By-law Review proposes that “the annual indexing of the various DC rates be adjusted to correspond to the date of the new Development Charge By-law adoption in 2009;

 

THEREFORE BE IT RESOLVED THAT, effective for building permits issued after 22 April 2009, the 5.9% increase in development charges imposed within By-law 2004-298 for 2009 be deferred to 1 August 2009 pending the five year development charge review.

 

                                                                                                            CARRIED

 

 

MOTION NO. 65/25

 

Moved by Councillor C. Doucet

Seconded by Councillor C. Leadman

 

WHEREAS construction noise is permitted in Ottawa at all times except between the hours of 10 p.m. and 7 a.m. except for Sunday when construction noise must not start before 9 a.m.

 

WHEREAS the increasing amount of infill housing, in tangent with the targeted objectives of the city’s Official Plan has resulted in deterioration of quality of life for many Ottawa residents, who must endure constant summers of not being able to enjoy their outside premises on account of the noise and dust generated on construction sites,

 

WHEREAS other municipalities are able to balance the requirements of the building industry while maintaining a lesser impact on the quality of life for their residents, eg: Toronto: The operation of construction equipment is prohibited from 7pm. one day to 7a.m. the next day, except for Saturday, Sunday and statutory holidays when it is prohibited until 9a.m., Vancouver: Construction is permitted between 7:30a.m. to 8 p.m. on any weekday not a holiday, and between 10 a.m. to 8 p.m. on any Saturday not a holiday, and from 10 a.m. to 8 p.m. Sunday, and New York City: Construction is permitted ONLY on weekdays between 7 a.m. to 6 p.m.

 

BE IT RESOLVED THAT, for infill housing only, the City of Ottawa permits the sound generated by construction equipment during the following times:

(a)  between the hours of 7a.m. to 8p.m., Monday through Friday

(b)  between the hours of 9a.m. and 7p.m. on Saturdays, Sundays and statutory holidays.

(c)  for the purposes of this motion, infill housing means a development that occurs on a single lot, or a consolidated number of small lots on sites that are vacant or underdeveloped

 

 

MOTION NO. 65/26

 

Moved by Councillor A. Cullen 

Seconded by Councillor M. McRae

 

That Motion No. 65/25 be referred to the Community and Protective Services Committee for consideration.

 

                                                                                                            REFERRAL CARRIED

Motion To Resolve In Camera

 

MOTION NO. 65/27

 

Moved by Councillor M. Bellemare 

Seconded by Councillor G. Brooks

 

BE IT RESOLVED THAT the Rules of Procedure be suspended to receive briefings from the City Clerk and Solicitor with respect to:

i)    the decision of the Ontario Municipal Board regarding Minto’s application to amend the Manotick Secondary Official Plan and to consider options related thereto; and

ii)   the ratification of the tentative collective agreement reached with the Ottawa Professional Firefighters’ Association (OPFFA).

 

AND BE IT FURTHER RESOLVED that Council resolve In Camera pursuant to Procedure By-law 2006-462, Subsections 13. (1) (e) litigation or potential litigation, affecting the City, including matters before administrative tribunals and (f) the receiving of advice that is subject to solicitor-client privilege, including communications necessary for that purpose, with respect to the decision of the Ontario Municipal Board regarding Minto’s application to amend the Manotick Secondary Official Plan; and Subsections 13.(1) (d) labour relations and employee negotiations; and (f) the receiving of advice that is subject to solicitor-client privilege, including communications necessary for that purpose, with respect to the ratification of the tentative collective agreement reached with the Ottawa Professional Firefighters’ Association.

 

                                                                                                            CARRIED

 

Council resolved In Camera at 7:15 p.m.

 

IN CAMERA SESSION

 

IN COUNCIL

 

Council resumed in open session at 8:40 p.m.

 
MOTION NO. 65/28

 

Moved by Councillor G. Brooks

Seconded by Councillor D. Deans

 

WHEREAS the decision of the Ontario Municipal Board approving the application by Minto Communities Inc. to amend the Secondary Official Plan for the village of Manotick was released on April 23, 2009;

 

AND WHEREAS the decision gave very little consideration to the amendments to the Planning Act that were intended to strengthen the ability of municipalities to govern development;

 

AND WHEREAS it is the view of the Council of Ottawa that this decision is contrary to the vision for Manotick as expressed in the Official Plan of the City of Ottawa, including the Manotick Secondary Plan, and this decision does not give proper consideration to the provisions of the Planning Act, especially the amendments in Bill 51;

 

AND WHEREAS many municipalities in Ontario have expressed grave concern over the lack of regard had by the Ontario Municipal Board to the decisions of the democratically elected Councils;

 

THEREFORE BE IT RESOLVED THAT, due to the failure of the Ontario Municipal Board to give proper consideration to the amendments to the Planning Act strengthening the role of municipal councils, the City Clerk and Solicitor be authorized to seek leave to appeal the decision of the Ontario Municipal Board respecting the application by Minto Communities Inc. to amend the Secondary Official Plan for the village of Manotick;

 

AND BE IT FURTHER RESOLVED THAT the City seek the involvement of and funding by the Association of Municipalities of Ontario and other municipalities in its application for leave to appeal.

 

CARRIED on a division of 13 YEAS to 5 NAYS as follows:

 

YEAS (13):       Councillors R. Chiarelli, A. Cullen, P. Feltmate, S. Qadri, G. Brooks, D. Deans, R. Jellett, M. Bellemare, B. Monette, G. Bédard C. Leadman, M. McRae and Mayor O’Brien.

 

NAYS (5):        Councillors E. El-Chantiry, M. Wilkinson, J. Harder, R. Bloess and G. Hunter.
MOTION NO. 65/29

 

Moved by Councillor D. Deans

Seconded by Councillor S. Qadri

 

WHEREAS the City and the Ottawa Professional Fire Fighters’ Association (the “OPFFA”) have concluded very positive efforts to negotiate a renewal of their collective agreement;

 

AND WHEREAS all outstanding bargaining issues have been resolved through good faith negotiations and a tentative collective agreement has been finalized;

 

THEREFORE BE IT RESOLVED THAT City Council ratify the settlement proposed for resolution of all outstanding collective bargaining issues for the renewal of the OPFFA collective agreement for the period January 1, 2009, to December 31, 2011;

 

AND THEREFORE BE IT FURTHER RESOLVED THAT the OPFFA collective agreement be made public upon ratification by the membership.

 

                                                                                                            CARRIED

 

Motions Requiring Suspension of the Rules of Procedure

 

MOTION NO. 65/30

 

Moved by Councillor G. Hunter

Seconded by Councillor M. McRae

 

That the Rules of Procedure be suspended to consider and approve the following resolution:

WHEREAS at its meeting of April 8, 2009, Council considered and approved a report from the Corporate Services and Economic Development Committee entitled “Ready-To-Go Infrastructure Projects Funding, Request: Updated Priority List (CSEDC Report 40, Item 1);

 

AND WHEREAS, due to staff error, the revised “City of Ottawa Priority List of Ready-To-Go Infrastructure Projects” (Document 1) that was issued by the Deputy City Manager, Infrastructure Services and Community Sustainability on Friday, April 3, 2009 was not formally included in the report considered by the Corporate Services and Economic Development Committee on April 7, 2009 and, consequently, at Council on April 8, 2009;

 

THEREFORE BE IT RESOLVED that Council approve the revised “City of Ottawa Priority List of Ready-To-Go Infrastructure Projects”, attached as Document 1 to this motion.

                                                                                                           

                                                                                                            CARRIED

 

 

 
MOTION NO. 65/31

 

Moved by Councillor E. El-Chantiry

Seconded by Councillor P. Hume

 

That the Rules of Procedure be suspended to consider and approve the following resolution:

 

WHEREAS the Federal Government launched the application process for the Infrastructure Stimulus Fund on April 17, 2009;

 

AND WHEREAS the applications are due May 1, 2009;

 

AND WHEREAS the infrastructure stimulus funding application includes a requirement for confirmation of municipal funding;

 

AND WHEREAS staff committed on March 23, 2009 to report back to Council with funding sources once the project criteria were made available from other levels of government;

THEREFORE BE IT RESOLVED THAT Council confirm the City of Ottawa’s share of the funding towards the priority projects listed in the revised City of Ottawa Priority List of Ready-To-Go Infrastructure Projects;

 

AND BE IT FURTHER RESOLVED THAT the Treasurer report back with specific funding sources once the City has been advised which projects have been approved.

 

                                                                                                            CARRIED

 

MOTION NO. 65/32

 

Moved by Councillor M. McRae

Seconded by Councillor C. Leadman

 

That the Rules of Procedure be suspended to consider and approve the following motion:

 

WHEREAS the Madonna della Risurrezione Parish is hosting its 24th Annual Community Festival on Friday, May 29th and Saturday, May 30-th, 2009 between the hours of 6:00 p.m. and 1:00a.m. and on Sunday, May 31st, 2009, between 11:00 a.m. and 11:00 p.m.

 

AND WHEREAS exemption from subsections 18(1) and 19(3) of the City of Ottawa Noise By-law (2004-253) is required to allow the use of sound reproduction devices which may surpass the allowed 55 decibel level, but will not exceed 65 decibels, in effect until 11:00 p.m. or which may disturb the peace and comfort of a resident after 11:00 p.m.;

 

THEREFORE BE IT RESOLVED that the provisions of subsection 18(1) and 19(3) of the City of Ottawa Noise By-law (2004-253) shall not apply so as to preclude the use of sound reproduction devices during the Madonna della Risurrezione 24th Annual Community Festival, which may exceed 55 dBA, but will not exceed 65 dBA, when measured at the property line of a business person or person whose peace and comfort is disturbed before 11 p.m. or disturbs the peace and comfort of a resident whose peace and comfort is disturbed after 11:00 p.m. on the dates of May 29th, 30th and 31st, 2009.  

 

CARRIED with Councillor G. Hunter dissenting.

 

 
MOTION NO. 65/33

 

Moved by Councillor M. McRae

Seconded by Councillor C. Leadman

 

That the Rules of Procedure be suspended to consider the following motion:

 

WHEREAS Mayor Larry O’Brien has indicated his intention to take a leave of absence for personal reasons beginning May 2, 2009; and

 

WHEREAS in accordance with section 242 of the Municipal Act, 2001 and section 5 of the Procedure By-law, City Council approved By-law 2006-458 (“Deputy Mayor Rotation By-law”) to appoint Councillors to act as Deputy Mayor in the absence of the Mayor while so acting, such Councillor has and may exercise all the rights, powers and authority of the Mayor; and

 

WHEREAS, during the Mayor’s leave of absence, in accordance with the Deputy Mayor Rotation By-law, Councillor Deans is the Deputy Mayor from March 4 to May 5, 2009, Councillor Michel Bellemare is the Deputy Mayor for the period of May 6 to July 7, 2009, and Councillor Doug Thompson being Deputy Mayor for the period of July 8 to September 8; and

 

WHEREAS it is important that the Deputy Mayor be available at all times to sign legal documents and address other administrative matters in a timely fashion and schedules are often difficult to coordinate over the summer months; and

 

WHEREAS Councillor Gord Hunter has indicated that he will be in Ottawa and available for most of the summer; and

 

WHEREAS there will be routine bills that are either of an administrative nature (i.e. phone/cable charges, newspaper/ magazine subscription, etc.) or for expenditures that have been previously authorized by the Mayor’s office (e.g. City tables at United Way events);

 

THEREFORE BE IT RESOLVED THAT Council authorize a leave of absence for Mayor Larry O’Brien for personal reasons beginning May 2, 2009; and

 

BE IT FURTHER RESOLVED that, during the Mayor’s leave, the next person on the Deputy Mayor rotation list be authorized to act as Acting Deputy Mayor in the absence of the Deputy Mayor pursuant to Section 242 of the Municipal Act, 2001 (i.e. Councillor Thompson for the period of July 8 to September 8); and

 

BE IT FURTHER RESOLVED that Councillor Gord Hunter be delegated the authority of the Acting Deputy Mayor in the event that both the Deputy Mayor and the Acting Deputy are absent pursuant to Section 242 of the Municipal Act, 2001 for the period of May 4, 2009 to August 31, 2009; and

 

BE IT FURTHER RESOLVED that Council delegate to the City Clerk and the Deputy City Clerk the interim authority to approve the payment of costs from the Mayor’s Office Budget only arising from routine bills and, in consultation with the Deputy Mayor, for annual, seasonal events where a past practice for such costs being paid can be established, if there are sufficient funds within the budget to do so.

 

                                                                                                            CARRIED

 

 

 

By-laws                                                                                         Three Readings

 

MOTION NO. 65/34

 

Moved by Councillor M. Bellemare

Seconded by Councillor G. Brooks

 

That the following by-laws be enacted and passed:

 

 

2009-121                     A by-law of the City of Ottawa to authorize the entering into of an agreement with the Province of Ontario through the Minister of Transportation relating to funding provided by the Province of Ontario to the City under the Dedicated Gas Tax Funds for Public Transportation Program.

 

2009-122                     A by-law of the City of Ottawa to provide for the relocation, partial abandonment and the future maintenance of drainage works in the City of Ottawa - McEvoy Branch of the Shields Municipal Drain.

 

2009-123                     A by-law of the City of Ottawa to provide for a municipal housing project facility on the lands that are municipally known as 260 Tompkins Avenue.

 

2009-124                     A by-law of the City of Ottawa to designate certain lands at 1095 and 1097 Halton Terrace as being exempt from Part Lot Control.

 

2009-125                    A by-law of the City of Ottawa to amend By-law No. 2008-250 of the City of Ottawa to change the zoning for the property known municipally as 913 Howie Road.

 

2009-126                    A by-law of the City of Ottawa to amend By-law No. 2004-60 to appoint Municipal Law Enforcement Officers in accordance with private property parking enforcement.

 

2009-127                     A by-law of the City of Ottawa to amend By-law No. 2008-250 of the City of Ottawa to change the zoning for the properties known municipally as 2 and 4 Perry Street and part of 49 Laird Street.

 

                                                                                                            CARRIED

 

Confirmation By-law

 

MOTION NO. 65/35

 

Moved by Councillor M. Bellemare

Seconded by Councillor G. Brooks

 

THAT By-law 2009-128 to confirm the proceedings of Council be enacted and passed.

 

                                                                                                            CARRIED

 

 

Inquiries

 

From Councillor C. Leadman with respect to changes to the Planning Act.

 

 

Adjournment

 

Council adjourned the meeting at 9:10 p.m. with the following Members present:

 

Councillors E. El-Chantiry, M. Wilkinson, R. Chiarelli, A. Cullen, P. Feltmate, J. Harder, S. Qadri, G. Brooks, R. Bloess, D. Deans, G. Hunter, R. Jellett, M. Bellemare, B. Monette, G. Bédard, C. Leadman, M. McRae and Mayor O’Brien.

 

 

 

 

 

 

 

CITY CLERK

 

MAYOR