OTTAWA CITY COUNCIL

24 JUNE 2009

ANDREW S. HAYDON HALL

10:00 a.m.

MINUTES 69

The Council of the City of Ottawa met at Andrew S. Haydon Hall, 110 Laurier Avenue West, Ottawa, on 24 June 2009 beginning at 10:00 a.m.

The Deputy Mayor, Michel Bellemare, presided and the Deputy City Clerk led Council in prayer.

The National Anthem was performed by Alex Lacasse and Kira Isabella.

Announcements/Ceremonial Activities

RECOGNITION - ANGELS IN ACTION DAY IN OTTAWA

Deputy Mayor Bellemare proclaimed Wednesday, June 24th as Angels in Action Day in the City of Ottawa. The Deputy Mayor presented Ms. Linda Laframboise, Chairperson of Angels in Action with the proclamation.

PRESENTATION - CITY MANAGER'S AWARDS FOR EXCELLENCE

City Manager, Kent Kirkpatrick, presented the City Manager’s Awards for Excellence in three categories. In the category of “Making People a Priority”, the award went to Nancy Jackson, Planner, Client Services Strategy Branch, City Operations Department, for her work on the Neighbourhood Planning Initiative.

In the category of “Turning Ideas into Results”, the award went to the Comprehensive Zoning By-law Project Team, the members of which were: Francoise Jessop, Jason Barney, Suzanne Couture, Randal Rodger, Rachel Gibbard, Pat Donaldson-Reid, Robin Harrington, Dave Leclair and Beth Desmarais.

In the “Demonstrating Leadership” category, the award was presented to John Ash, Manager, Integrated Public Security Unit, City Operations Department.

Roll Call

ALL MEMBERS WERE PRESENT EXCEPT COUNCILLOR S. DESROCHES AND MAYOR O’BRIEN.

Confirmation of Minutes

The Minutes of the regular meeting of 10 June 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, Item 1, Use of City Facilities for Military Trade Shows and Item 3, New Central Library Site.

Communications

The following communications were received:

· Association of Municipalities of Ontario (AMO) Alerts :

· Feed-in Tariff Contract Posted for Comment

· Count Me In! Community Challenge Now Underway

· Ministry of Municipal Affairs and Housing Signs $1.2 billion Housing Agreement with Federal Government

· Green Energy Act Planning Approval Regulation Consultations

· Important Report on Early Learning Signals Direction Ontario Must Take for Future Prosperity

· Responses to Inquiries

· 16-09 - Introduction of Reports at Council by Committee Chairs

· Petition containing the signatures of 1,844 Ottawa residents, opposing the use of City facilities (including Lansdowne Park) for military trade shows.

Regrets

Councillor S. Desroches (City Business) and Mayor O’Brien advised they would be absent from the Council meeting of 24 June 2009.

Ottawa Community Housing Corporation

1. OTTAWA COMMUNITY HOUSING CORPORATION ANNUAL REPORT AND ANNUAL GENERAL MEETING OF THE SHAREHOLDER

RAPPORT ANNUEL ET ASSEMBLÉE GÉNÉRALE ANNUELLE DE LA SOCIÉTÉ DE LOGEMENT COMMUNAUTAIRE D’OTTAWA

REPORT RECOMMENDATIONS

That Council approve:

1. That the 2008-2009 Ottawa Community Housing Corporation (OCHC) Annual Report be received.

2. That the Audited Financial Statements of Ottawa Community Housing Corporation (OCHC) for the year 2008 be received (Attachment 1).

3. That the Update re: the 2008-2011 Ottawa Community Housing Corporation (OCHC) Strategic Plan be received.

4. That Ernst and Young be appointed as the Auditors of Ottawa Community Housing Corporation (OCHC) for the year 2009.

5. That Mr. Jay Zakaib’s resignation letter effective May 14, 2009 be received (Attachment 1 A).

6. That the Mayor and the City Clerk be authorized to sign a written resolution on behalf of the City of Ottawa as Shareholder of OCHC setting out the resolutions approved by City Council.

CARRIED

Postponements and Deferrals

CITY COUNCIL – 27 MAY 2009

MOTION NO. 67/14

Moved by Councillor B. Monette

Seconded by Councillor R. Bloess

WHEREAS, as a former Mayor of Cumberland and Former Regional, Chair Peter D. Clark envisioned the current Orléans Town Center;

AND WHEREAS, as a respected city father, Peter D. Clark’s extensive and focused contribution to the Township of Cumberland should be appropriately commemorated in relation to the Orléans Town Centre;

AND WHEREAS a process similar to the commemorative naming process for buildings was followed to ensure that the community supported the recommended name of Peter D. Clark Place for the road which will encircle the Orléans Town Center;

AND WHEREAS there is resounding support for this name in the community;

THEREFORE BE IT RESOLVED that the road circling the Orléans Town Center be named Peter D. Clark Place.

MOTION NO. 67/15

Moved by Councillor A. Cullen

Seconded by Councillor R. Bloess

WHEREAS, staff has raised operational concerns regarding the renaming of the road circling the Orléans Town Center;

THEREFORE BE IT RESOLVED that Motion No. 67/14 be deferred until the June 24, 2009 City Council meeting to allow the ward Councillor to work with staff on mitigating any concerns.

DEFERRAL CARRIED

CITY COUNCIL – 24 JUNE 2009

MOTION NO. 69/1

Moved by Councillor B. Monette

Seconded by Councillor R. Bloess

WHEREAS at the Council meeting of 13 May 2009, Notice of Motion No. 67/14 (to rename the road circling the Orléans Town Centre as Peter D. Clark Place), was given;

AND WHEREAS on 27 May 2009, Council approved a motion to defer consideration of Motion No. 67/14 to its meeting of 24 June 2009 to allow the Ward Councillor to work with staff to resolve operational concerns;

AND WHEREAS there are still outstanding issues to be addressed;

THEREFORE BE IT RESOLVED that Motion No. 67/14 be further deferred to the 9 September 2009 City Council meeting to allow these discussions to continue.

DEFERRAL CARRIED

CITY COUNCIL – 10 JUNE 2009

CORPORATE SERVICES AND ECONOMIC DEVELOPMENT COMMITTEE REPORT 43

4. BEECHWOOD CEMETERY – REIMBURSEMENT OF FEES

CIMETIÈRE BEECHWOOD – REMBOURSEMENT DES DROITS

COMMITTEE RECOMMENDATION AS AMENDED

That Council:

1. Approve, as an indication of its strong support for this national institution, the reimbursement of fees and charges totalling $111,693.29, as follows:

From 2009 Planning operating budget revenue account - $ 19,207.51;

From Water Capital Reserve Fund - $ 6,100.00; and

From City-Wide Capital Reserve (Building permit fees & DC’s) - $86,385.75; and

2. Direct staff to develop a policy and process for responding to these requests, including the criteria for a request to qualify, upset limit for refunds and source of funding, and to report back to Committee in September 2009.

CITY COUNCIL – 10 JUNE 2009

MOTION NO. 68/31

Moved by Councillor J. Legendre

Seconded by Councillor A. Cullen

WHEREAS additional information was received subsequent to Corporate Services and Economic Development Committee’s consideration of this matter;

AND WHEREAS staff require additional time to review this additional information;

THEREFORE BE IT RESOLVED that Item 4 of Corporate Services and Economic Development Committee Report 43, Beechwood Cemetery – Reimbursement of Fees, be deferred to the Council meeting of 24 June 2009.

DEFERRAL CARRIED

CITY COUNCIL – 24 JUNE 2009

MOTION NO.69/2

Moved by Councillor J. Harder

Seconded by Councillor G. Bédard

That Item 4, Recommendation 1, Beechwood Cemetery be deferred until a policy and process for responding to similar requests is brought back to Council in September 2009.

LOST on a division of 10 YEAS to 12 NAYS as follows:

YEAS (10): Councillors G. Bédard, G. Hunter, E. El-Chantiry, R. Bloess, M. Wilkinson, P. Feltmate, J. Harder, C. Leadman, S. Qadri and B. Monette.

NAYS (12): Councillors P. Hume, D. Thompson, R. Chiarelli, G. Brooks, J. Legendre, M. McRae, D. Deans, A. Cullen, R. Jellett, D. Holmes, C. Doucet and Deputy Mayor M. Bellemare.

MOTION NO. 69/3

Moved by Councillor M. Wilkinson

Seconded by Councillor S. Qadri

That the grant to Beechwood Cemetery be at the same level as would be provided to other non-profit organizations, which amount is $86,385.78.

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

YEAS (7): Councillors R. Chiarelli, E. El-Chantiry, R. Bloess, M. Wilkinson, P. Feltmate, S. Qadri and B. Monette.

NAYS (15): Councillors P. Hume, D. Thompson, G. Bédard, G. Brooks, J. Legendre, G. Hunter, M. McRae, D. Deans, A. Cullen, R. Jellett, J. Harder, C. Leadman, D. Holmes, C. Doucet and Deputy Mayor M. Bellemare.

Item 4 of Corporate Services and Economic Development Committee Report 43 was then put to Council and CARRIED on a division of 12 YEAS to 10 NAYS as follows:

YEAS (12): Councillors P. Hume, D. Thompson, G. Brooks, J. Legendre, M. McRae, D. Deans, A. Cullen, R. Jellett, C. Leadman, D. Holmes, C. Doucet and Deputy Mayor M. Bellemare.

NAYS (10): Councillors R. Chiarelli, G. Bédard, G. Hunter, E. El-Chantiry, R. Bloess, M. Wilkinson, P. Feltmate, J. Harder, S. Qadri and B. Monette.

Motion to Introduce Reports

MOTION NO. 69/4

Moved by Councillor E. El-Chantiry

Seconded by Councillor G. Hunter

That the report from Ottawa Community Housing Corporation – Annual Report and Annual General Meeting of the Shareholder, the report from the City Manager entitled Mid-Term Governance Review, the report from the City Clerk and Solicitor entitled Status Update – Council Inquiries and Motions for the Period Ending 10 June 2009, Agriculture and Rural Affairs Committee Report 42, Community and Protective Services Committee Reports 41A, 42 (In Camera) and 42A, Corporate Services and Economic Development Committee Report 44, Planning and Environment Committee Report 53, Transit Committee Report 28 and Transportation 31 be received and considered.

And that the Rules of Procedure be suspended to receive and consider Planning and Environment Committee Report 54 and to receive a memorandum from the Deputy City Manager, Infrastructure Services and Community Sustainability regarding Corporate Services and Economic Development Committee Report 44, Item 5, Financing of the City Portion of Infrastructure Stimulus Projects.

CARRIED

CITY MANAGER

1. MID-TERM GOVERNANCE REVIEW

EXAMEN DE MI-MANDAT SUR LA GOUVERNANCE

REPORT RECOMMENDATIONS

1. That, at its meeting of June 10, 2009, Council receive and table the “Mid-term Governance Review” report and refer the report to the June 16, 2009 meeting of the Corporate Services and Economic Development Committee for the purpose of receiving public delegations.

RECEIVED, TABLED AND REFERRED AT THE COUNCIL MEETING OF 10 JUNE 2009

2. That, at it its meeting of June 24, 2009, Council consider and approve the following recommendations related to the Council and Committee structure and procedures:

Part I – Standing Committees

1) The principles and process for delegation to Standing Committees, Ward Councillors and staff outlined in the report.

2) The process for Standing Committee strategic planning as outlined in the report.

3) The ability of Standing Committees to identify ‘policy sponsors’ to work directly with staff on specific Committee initiatives.

4) The following Standing Committee structure for the remainder of the 2006-2010 Council term as outlined in the report:

a. Corporate Services and Economic Development Committee

b. Audit, Budget and Finance Committee

c. Planning and Environment Committee

d. Community and Protective Services Committee

e. Agriculture and Rural Affairs Committee

f. Transportation Committee

g. Transit Committee

5) The Council and Standing Committee Meeting Calendar as outlined in the report.

6) The Council and Standing Committee process improvements outlined in the report related to:

a. Items that Cross Committee Mandates

b. Motions Arising from ‘Open Mike’ Sessions

c. Advisory Committee Extra-Mandate Recommendations

d. Meeting Times and Location

7) That Standing Committees proceed with confirming the Chairs at the first Standing Committee meeting following the adoption of this report, notwithstanding the Rules of Procedure.

Part II – City Council

1) The implementation of a Bulk Consent Agenda and the procedures for lifting an item from the Bulk Consent Agenda as outlined in this report.

2) That the Mayor and Standing Committee Chairs be authorized to place related items together on the relevant agenda.

3) The process for listing responses to Council Inquiries with Standing Committee Inquiries at the relevant Standing Committee and then Council.

4) That boilerplate information be included on the Council Agenda listing as outlined in the report.

5) That Committee Chairs, or their designate, present Committee recommendations to Council as outlined in the report.

Part III – Local Boards

1) That the Library Board report directly to Council and that the Chair and Vice-Chair of the Board sit on the Selection Panel to appoint new Members.

2) The establishment of a separate Board of Health and direct staff to take the necessary steps to effect change.

Part IV – Citizen Engagement

1) Direction to City Clerk staff and City staff to work with Advisory Committees to identify processes and procedures to help Advisory Committees more effectively fulfill their individual mandates.

2) The Advisory Committee processes as outlined in the report.

3) That the Procedure By-law be amended to permit Advisory Committee representatives to address Standing Committees for ten minutes on any item within the Advisory Committee’s mandate.

4) Direction to City Clerk staff to develop a Petition Policy as outlined in the report.

Part V – Governance – Other Matters

1) That the Procedure By-law be amended so that the Ward Councillor(s) have the opportunity to open and close debate, on matters that directly affect identifiable wards, subject to the overarching right of the Chair.

2) That the City’s report template and processes be amended to provide the Ward Councillor(s) with the opportunity to provide formal comments on staff reports related to an identifiable ward(s).

3) That Councillors be provided with a global budget with which to run their offices, modelled after the Mayor’s budget.

4) Increasing the office budgets of Standing Committee Chairs to approximately .5 of an FTE in order to assist the Chair in managing the additional workload.

5) The amendments to the Procedure By-law as outlined in the report related to the following:

a. Suspension of the Rules

b. Recommendations Rejected by Standing Committees

c. Reconsideration

d. Directions to Staff

e. Meetings Investigator Recommendations Regarding In Camera Process

f. Voting in Council

6) Amendments to the Delegation of Authority By-law as outlined in the report.

7) That the Procedure By-law and the Delegation of Authority By-law and any other related By-laws, as amended by this report, be included in the by-law listing of the July 8, 2009 Council meeting.

8) That the current Meetings Investigator’s contract be extended until formal consideration of the 2010-2014 Governance Review and that future reports to Council from the Meeting Investigator include a staff comment.

MOTION NO. 69/5

Moved by Councillor D. Deans

Seconded by Councillor M. McRae

WHEREAS the Mid-term Governance Review suggests a process for Strategic Planning for Standing Committees at mid-term; and

WHEREAS the Mid-term Governance Review was delayed, and the process suggested may not be appropriate for all Standing Committees, given the timelines for the 2010 budget process;

THEREFORE BE IT RESOLVED that each Standing Committee Chair work with staff to identify a recommended Strategic Planning process for their Standing Committee for the remainder of this term.

CARRIED

MOTION NO. 69/6

Moved by Councillor R. Jellett

Seconded by Councillor G. Brooks

THEREFORE BE IT RESOLVED that Agriculture and Rural Affairs Committee meetings be moved to the fourth Thursday of the month.

CARRIED

MOTION NO. 69/7

Moved by Councillor A. Cullen

Seconded by Councillor P. Hume

That the Audit, Budget and Finance Committee be composed of the following:

The Mayor

Councillor A. Cullen – Transit Committee

Councillor D. Deans - Community and Protective Services Committee

Councillor E. El-Chantiry – Ottawa Police Services Board

Councillor P. Feltmate – Member Services Committee

Councillor J. Harder – Ottawa Library Board

Councillor D. Holmes – Ottawa Community Housing

Councillor P. Hume – Planning and Environment Committee

Councillor R. Jellett – Agriculture and Rural Affairs

Councillor M. McRae – Transportation Committee

CARRIED on a division of 13 YEAS to 9 NAYS as follows:

YEAS (13): Councillors P. Hume, D. Thompson, G. Bédard, M. McRae, E. El-Chantiry, D. Deans, A. Cullen, P. Feltmate, R. Jellett, J. Harder, C. Leadman, D. Holmes and Deputy Mayor Bellemare.

NAYS (9): Councillors R. Chiarelli, G. Brooks, J. Legendre, G. Hunter, R. Bloess, M. Wilkinson, C. Doucet, S. Qadri and B. Monette.

The following two motions (i.e. Motion No. 69/8 a motion to waive the rules to consider the addition of two Councillors to the Audit, Finance and Budget Committee and Motion No. 69/9, a motion of Reconsideration for Motion No. 69/7) were considered later in the meeting but are shown directly below for ease of reference.

MOTION NO. 69/8

Moved by Councillor M. Wilkinson

Seconded by Councillor B. Monette

That the Rules of Procedure be waived to add two members to the Audit, Budget and Finance Committee, namely Councillors S. Qadri and R. Chiarelli.

Pursuant to Subsection 1 (2) of Procedure By-law 2006-462, Suspension of the Rules of Procedure LOST on a division of 14 YEAS to 6 NAYS (15 votes required) as follows:

YEAS (14): Councillors D. Thompson, R. Chiarelli, G. Brooks, J. Legendre, G. Hunter, E. El-Chantiry, R. Bloess, D. Deans, M. Wilkinson, R. Jellett, J. Harder, S. Qadri, B. Monette and Deputy Mayor Bellemare.

NAYS (6): Councillors G. Bédard, M. McRae, A. Cullen, C. Leadman, D. Holmes and C. Doucet.

MOTION NO. 69/9

Moved by Councillor M. Wilkinson

Seconded by Councillor S. Qadri

That Council approve Notice of Reconsideration of Motion No. 69/7.

Pursuant to Subsection 64 (4) of Procedure By-law 2006-462, Notice of Reconsideration CARRIED on a division of 7 YEAS to 13 NAYS (7 votes required) as follows:

YEAS (7): Councillors R. Chiarelli, G. Brooks, J. Legendre, G. Hunter, R. Bloess, M. Wilkinson and S. Qadri.

NAYS (13): Councillors D. Thompson, G. Bédard, M. McRae, E. El-Chantiry, D. Deans, A. Cullen, R. Jellett, J. Harder, C. Leadman, D. Holmes, C. Doucet, B. Monette and Deputy Mayor Bellemare.

MOTION NO. 69/10

Moved by Councillor M. McRae

Seconded by Councillor D. Holmes

THEREFORE BE IT RESOLVED that the remaining Committee and local board membership changes, as outlined in the circulation from the City Clerk’s Office, be approved.

CARRIED

MOTION NO. 69/11

Moved by Councillor D. Holmes

Seconded by Councillor G. Bédard

WHEREAS City Council is considering the establishment of a separate Board of Health as part of the Mid-Term Governance Review; and

WHEREAS in the interim, City Council will continue to act as the Board of Health receiving recommendations through the Community and Protective Services Community;

THEREFORE BE IT RESOLVED that until a separate Board of Health is established, recommendations that are related to public health issues that will be addressed by the new Board of Health rising from the Community and Protective Services Committee read “That Council, as the Board of Health, consider/approve/receive…”

CARRIED

MOTION NO. 69/12

Moved by Councillor D. Thompson

Seconded by Councillor D. Deans

WHEREAS staff were directed to investigate potential changes to the process for Reconsideration outlined in the Procedure By-law; and

WHEREAS a number of options are available for Council’s consideration;

THEREFORE BE IT RESOLVED that City Council refer Reconsideration considerations for the Procedure By-law to staff in order to work with Members of Council over the summer months and bring back a recommendation to Council.

CARRIED

MOTION NO. 69/13

Moved by Councillor M. McRae

Seconded by Councillor C. Leadman

WHEREAS City Council endorsed nine strategic priorities in the 2007-2010 City Strategic Plan which are intended to guide the City’s work for the 2007-2010 Council Term; and

WHEREAS the Mid-term Governance Review offers recommendations in support of the Governance Transformation Priority and overall enhancements to the accountability and transparency of City Council’s processes and procedures;

THEREFORE BE IT RESOLVED that the Council and Committee report template be amended to include a mandatory section on the City Strategic Plan; and

BE IT FURTHER RESOLVED that the comment clearly identify how the project, program or initiative supports the City Strategic Plan priorities.

CARRIED

MOTION NO. 69/14

Moved by Councillor A. Cullen

Seconded by Councillor D. Deans

That Part III, Section A, Recommendation 1, regarding the Ottawa Public Library be referred to the Community and Protective Services Committee.

LOST on a division of 3 YEAS to 18 NAYS as follows:

YEAS (3): Councillors G. Hunter, D. Deans and A. Cullen.

NAYS (18): Councillors P. Hume, D. Thompson, R. Chiarelli, G. Bédard, G. Brooks, J. Legendre, E. El-Chantiry, R. Bloess, M. Wilkinson, P. Feltmate, R. Jellett, J. Harder, C. Leadman, D. Holmes, C. Doucet, S. Qadri, B. Monette and Deputy Mayor M. Bellemare

MOTION NO. 69/15

Moved by Councillor J. Harder

Seconded by Councillor B. Monette

That Part V-Governance – Other Matters, Recommendation 3 be amended by adding “for the full 2009 budget year”, so to read: “That Councillors be provided with a global budget with which to run their offices, modelled after the Mayor’s budget, for the full 2009 budget year.”

CARRIED

MOTION NO. 69/16

Moved by Councillor G. Brooks

Seconded by Councillor D. Thompson

THEREFORE BE IT RESOLVED that Subsection 44. (1) “Time Limited” – be amended to replace “five minutes” with “three minutes”, to read:

No member of shall be permitted to ask questions and /or speak to a motion, for more than three minutes, excluding staff response time.

LOST on a division of 4 YEAS to 17 NAYS as follows:

YEAS (4): Councillors D. Thompson, G. Brooks, R. Jellett and B. Monette.

NAYS (17): Councillors R. Chiarelli, G. Bédard, J. Legendre, G. Hunter, M. McRae, E. El‑Chantiry, R. Bloess, D. Deans, A. Cullen, M. Wilkinson, P. Feltmate, J. Harder, C. Leadman, D. Holmes, C. Doucet, S. Qadri and Deputy Mayor Bellemare.

The City Manager’s report, Mid-Term Governance Review was then put to Council and the recommendations were divided for voting purposes.

Part I – Standing Committees

Recommendation 1 – CARRIED.

Recommendation 2 CARRIED as amended by Motion No. 69/5.

Recommendation 3 CARRIED.

Recommendation 4 CARRIED as amended by Motion Nos. 69/7 and 69/10 (Note: Motion No. 69/7 is subject to a Motion of Reconsideration at the 8 July 2009 Council meeting.)

Recommendation 5 CARRIED as amended by Motion No. 69/6

Recommendations 6 and 7 CARRIED.

Part II – City Council

Recommendations 1, 2, 3, 4 and 5 CARRIED.

Part III – Local Boards

Recommendation 1 CARRIED with Councillor A. Cullen dissenting.

Recommendation 2 CARRIED as amended by Motion No. 69/11.

Part IV – Citizen Engagement

Recommendations 1, 2, 3 and 4 CARRIED.

Part V – Governance – Other Matters

Recommendation 1 CARRIED on a division of 11 YEAS to 10 NAYS as follows:

YEAS (11): Councillors D. Thompson, J. Legendre, M. McRae, A. Cullen, M. Wilkinson, P. Feltmate, R. Jellett, C. Leadman, D. Holmes, C. Doucet and B. Monette.

NAYS (10): Councillors R. Chiarelli, G. Bédard, G. Brooks, G. Hunter, E. El-Chantiry, R. Bloess, D. Deans, J. Harder, S. Qadri and Deputy Mayor M. Bellemare.

Recommendation 2 CARRIED as amended by Motion No. 69/13.

Recommendation 3 CARRIED as amended by Motion No. 69/15.

Recommendation 4 CARRIED on a division of 13 YEAS to 7 NAYS as follows:

YEAS (13): Councillors P. Hume, D. Thompson, R. Chiarelli, G. Bédard, G. Brooks, M. McRae, D. Deans, A. Cullen, P. Feltmate, R. Jellett, D. Holmes, C. Doucet and Deputy Mayor M. Bellemare.

NAYS (7): Councillors J. Legendre, G. Hunter, E. El-Chantiry, R. Bloess, M. Wilkinson, S. Qadri and B. Monette.

Recommendation 5 CARRIED as amended by Motion No. 69/12.

Recommendations 6 and 7 CARRIED.

Recommendation 8 CARRIED with Councillor G. Hunter dissenting.

CITY CLERK AND SOLICITOR

1. STATUS UPDATE – COUNCIL INQUIRIES AND MOTIONS FOR THE PERIOD ENDING 10 JUNE 2009

RAPPORT DE SUIVI DES DEMANDES DE RENSEIGNEMENTS ET DES MOTIONS DU CONSEIL MUNICIPAL POUR LA PÉRIODE PRENANT FIN LE 10 JUIN 2009

REPORT RECOMMENDATION

That Council receive this report for information.

RECEIVED

COMMITTEE REPORTS

AGRICULTURE AND RURAL AFFAIRS COMMITTEE REPORT 42

1. DOWDALL MUNICIPAL DRAIN

INSTALLATIONS MUNICIPALES DE DRAINAGE DOWDALL

Committee Recommendation

That Council refer the report to the Drainage Engineer for further analysis in order to establish and reduce the works down to what is absolutely required in order to reduce the costs.

CARRIED

2. ZONING - 3800 HEUVELMANS ROAD

ZONAGE - 3800, CHEMIN HEUVELMANS

Committee Recommendation

(This application is subject to Bill 51)

That Council approve an amendment to the Zoning By-law 2008-250 to change the zoning of part of 3800 Heuvelmans Road from Agricultural Zone "AG" to Agricultural Subzone 5 "AG5" as shown in Document 1.

CARRIED

3. COMPREHENSIVE ZONING BY-LAW 2008-250: APPEAL TO THE ONTARIO MUNICIPAL BOARD (SIXTH REPORT) - 2485 CARP ROAD

RÈGLEMENT GÉNÉRAL DE ZONAGE 2008-250 : APPEL À LA COMMISSION DES AFFAIRES MUNICIPALES DE L’ONTARIO (SIXIÈME RAPPORT) - 2485, CHEMIN CARP

Committee Recommendation

That Council approve the amendment as described in the Details of Recommended Zoning in Document 1, to resolve an appeal to By-law 2008-250, and forward a by-law incorporating the required amendment to the Ontario Municipal Board.

CARRIED

COMMUNITY AND PROTECTIVE SERVICES COMMITTEE REPORT 41A

1. PERMITTED TIMES FOR CONSTRUCTION NOISE AT INFILL HOUSING SITES

HEURES PERMISES – BRUITS DES TRAVAUX DE CONSTRUCTION SUR LES CHANTIERS D’HABITATIONS INTERCALAIRES

Committee RecommendationS

That Council approve 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.

CARRIED with Councillor R. Chiarelli dissenting.

2. 911 ANNUAL REPORT 2008

RAPPORT ANNUEL (2008) SUR LE SERVICE 9-1-1

COMMITTEE RECOMMENDATION

That Council receive this report for information.

RECEIVED

3. OTTAWA PUBLIC HEALTH STAFFING UPDATE

MISE À JOUR SUR LA DOTATION DU PERSONNEL DE SANTÉ PUBLIQUE OTTAWA

Committee RecommendationS

That Council approve

1. An increase of FTEs for the Healthy Sexuality and Risk Reduction Unit, from 0.3 to 1.8, to be funded 100% by the Ontario Ministry of Health and Long-Term Care (MOHLTC) AIDS Bureau, and

2. The establishment of one (1) FTE in the Communicable Disease Control and Outbreak Management Unit, for a full-time Infection Prevention and Control Nurse (ICN), to be funded 100% by the Ontario Ministry of Health and Long-Term Car

CARRIED

COMMUNITY AND PROTECTIVE SERVICES COMMITTEE REPORT 42 (IN CAMERA)

1. APPOINTMENT TO A DEDICATED SEAT ON THE SENIORS ADVISORY COMMITTEE – IN CAMERA - PERSONAL MATTERS ABOUT AN IDENTIFIABLE INDIVIDUAL – REPORTING OUT DATE, UPON COUNCIL APPROVAL

NOMINATION À UN SIÈGE RÉSERVÉ SUR LE COMITÉ CONSULTATIF SUR LES PERSONNES ÂGÉES – À HUIS CLOS - QUESTIONS PERSONNELLES CONCERNANT UN PARTICULIER SUSCEPTIBLE D’ÊTRE IDENTIFIÉS - DATE DE DIFFUSION, SUR APPROBATION PAR LE CONSEIL

COMMITTEE RECOMMENDATION

That Council approve of the following appointment to the Seniors Advisory Committee for a term ending 30 November 2009:

Mrs. Carol Rannie, as the representative of the Senior Citizens Council of Ottawa.

CARRIED

COMMUNITY AND PROTECTIVE SERVICES COMMITTEE REPORT 42A

1. ACTION OTTAWA 2006 – ORLEANS TOWN CENTRE AFFORDABLE HOUSING PROJECT 41 UNITS BEING DEVELOPED BY WIGWAMEN INCOPORATED

ACTION OTTAWA 2006 – PROJET DE LOGEMENTS À PRIX ABORDABLE DU CENTRE-VILLE D’ORLÉANS – 41 LOGEMENTS CONSTRUITS PAR WIGWAMEN INCORPORATED

Committee RecommendationS

That Council, in accordance with the provisions of the Action Ottawa program, approve:

1. An allocation of $2,870,000.00 (being $70,000.00 per unit) to Wigwamen Incorporated for the development of 41 Affordable Housing units as further set out in this Report from the $34,600,000.00 total funding allocation that the City was previously awarded by the Minister of Municipal Affairs and Housing under the Canada-Ontario New Affordable Housing Program (2003), Rental and Supportive Component program.

2. That Staff be directed to negotiate a Municipal Housing Project Facilities Agreement with Wigwamen Incorporated to provide for a grant of $1,230,000.00 from City capital funds, a grant of $65,000.00 in lieu of building permit fees, and an estimated $360,000.00 in relief from development charges, parkland levies and planning fees, subject to: (i) any conditions imposed by the Action Ottawa Selection Committee, (ii) the Municipal Housing Facilities By-law (2006-1), and, (iii) Council enacting a Municipal Housing Project Facilities By-law for this project.

3. That the City Clerk and Solicitor be authorized to forward the project specific Municipal Housing Project Facilities by-law directly to City Council for enactment in accordance with the Municipal Housing Facilities By-law 2006-1, subject to successful negotiation and execution of the Municipal Housing Project Facilities Agreement.

4. That the General Manager of Community and Social Services Department be authorized to advance to Wigwamen Incorporated, prior to the registration on title of a mortgage to secure City contributions, up to $250,000.00 of the $1,230,000.00 City capital funds for permissible predevelopment expenses subject to execution of a Municipal Housing Project Facilities Agreement between the City and Wigwamen Incorporated.

CARRIED

CORPORATE SERVICES AND ECONOMIC DEVELOPMENT COMMITTEE REPORT 44

1. USE OF CITY FACILITIES FOR MILITARY TRADE SHOWS

UTILISATION D'INSTALLATIONS MUNICIPALES POUR LES EXPOSITIONS DE MATÉRIEL MILITAIRE

COMMITTEE RECOMMENDATIONS AS AMENDED

That Council approve that the City of Ottawa:

1. Recognize its role as host city for trade shows that help fulfill Canada’s national level responsibilities; and

2. Continue to include consideration of national level trade shows in its economic development strategies and practices and in its facilities allocation policies.

DECLARATION OF INTEREST

Councillor Maria McRae declared a potential, perceived conflict of interest on Item 1, Corporate Services and Economic Development Committee Report 44, Use of City Facilities for Military Trade Shows, as a person with whom she has a personal relationship may be perceived to benefit from the outcome of the vote.

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

MOTION NO. 69/17

Moved by Councillor J. Legendre

Seconded by Councillor D. Thompson

Be it resolved that the Committee recommendation be amended by requiring that all conferences and/or expositions on City facilities be open to the public subject only to any registration fee imposed on all attendees and conference participants.

LOST on a division of 6 YEAS to 12 NAYS as follows:

YEAS (6): Councillors D. Thompson, J. Legendre, A. Cullen, R. Jellett, D. Holmes and C. Doucet.

NAYS (12): Councillors P. Hume, R. Chiarelli, G. Bédard, G. Brooks, G. Hunter, E. El‑Chantiry, R. Bloess, M. Wilkinson, P. Feltmate, J. Harder, B. Monette and Deputy Mayor M. Bellemare.

MOTION NO. 69/18

Moved by Councillor D. Holmes

Seconded by Councillor C. Doucet

That the following be added to the Committee recommendation:

"except for military trade shows"

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

YEAS (5): Councillors J. Legendre, A. Cullen, P. Feltmate, D. Holmes and C. Doucet.

NAYS (13): Councillors P. Hume, D. Thompson, R. Chiarelli, G. Bédard, G. Brooks, G. Hunter, E. El-Chantiry, R. Bloess, M. Wilkinson, R. Jellett,  J. Harder, B. Monette and Deputy Mayor M. Bellemare.

MOTION NO. 69/19

Moved by Councillor A. Cullen

Seconded by Councillor C. Doucet

In addition to the Committee Recommendation:

WHEREAS on April 19, 1989, the former City of Ottawa passed a Motion 11 to 1 resolving that Lansdowne Park and other city facilities not be leased to any future arms exhibitions;

AND WHEREAS for the first time in 20 years a Canadian exhibition of military hardware and technology, called CANSEC 2009, took place at Lansdowne Park from 27-28 May; 

AND WHEREAS the arms trade has little or no consideration of moral or humanitarian issues in that weapons can and have been used against civilians;

AND WHEREAS exports of Canadian military equipment and components end up in countries which persistently violate human rights;

AND WHEREAS the international arms trade serves to increase militarization throughout the world and is inconsistent with arms limitations efforts;

AND WHEREAS Lansdowne Park is a publicly supported recreation and trade show facility;

AND WHEREAS when Lansdowne Park was purchased by the Regional Municipality of Ottawa-Carleton, according to City Legal Services, the 1989 Council motion no longer applied to Lansdowne Park;

THEREFORE BE IT RESOLVED THAT the City of Ottawa's 1989 Motion be applied to Lansdowne Park and all other city facilities, so that they not be leased to CANSEC or other such military exhibitions; and

BE IT FURTHER RESOLVED THAT the City of Ottawa call upon the Province of Ontario and the Government of Canada to pass similar Motions to prevent the leasing of their facilities to such military trade shows.

Upon receipt of advice from the City Clerk and Solicitor, Deputy Mayor M. Bellemare ruled that Motion No. 69/19 was a substantial substitution and was antithetical to the intent of the Committee recommendations and would therefore only be considered if the Committee recommendations failed.

Item 1 of Corporate Services and Economic Development Committee Report 44 was then put to Council and CARRIED. The Committee recommendations having Carried, Motion No. 69/19 was not considered.

MOTION NO. 69/20

Moved by Councillor D. Thompson

Seconded by Councillor E. El-Chantiry

That Council approve that the meeting time be extended past 7:00 p.m. pursuant to Subsection 8.(1) (c) of the Procedure By-law 2006-462.

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

YEAS (13): Councillors P. Hume, D. Thompson, R. Chiarelli, J. Legendre, G. Hunter, E. El‑Chantiry, A. Cullen, R. Jellett, J. Harder, D. Holmes, C. Doucet, B. Monette and Deputy Mayor M. Bellemare.

NAYS (5): Councillors G. Bédard, G. Brooks, R. Bloess, M. Wilkinson and P. Feltmate.

2. MID-TERM GOVERNANCE REVIEW

EXAMEN DE MI-MANDAT SUR LA GOUVERNANCE

COMMITTEE RECOMMENDATION

That Council receive this report for information.

RECEIVED

3. NEW CENTRAL LIBRARY SITE

NOUVELLE BIBLIOTHEQUE CENTRAL - EMPLACEMENT

COMMITTEE RECOMMENDATIONS

That Council:

1. Approve the entire city block, bounded by Lyon, Albert, Bay and Slater as the recommended site for the location of the new central library;

2. Establish a 2009 capital funding authority in the amount of $26 million for the new central library project as outlined in the Financial Implications section of this report;

3. Subject to approval of Recommendations 1 and 2, authorize and direct the Real Estate Partnerships and Development Office to:

a) Obtain all necessary appraisals and surveys of the properties known municipally as 388, 400, 408, 414 Albert Street and 156-160 Lyon Street (the “Lands”), shown as Parcels “A” to “E” on Document “1” attached and described as follows:

· Parcel “A”: 156 - 160 Lyon Street north - PIN 041140009, 041140010 - Part Lot 16 and Lot 17, Plan 3922 south side of Albert Street, owned by Benjamin Feinstein;

· Parcel “B”: 388 Albert Street - PIN 041140011, 041140012 - part lot l6, south side of Albert Street, Plan 3922, owned by Irene and Bruno Kaczmarek;

· Parcel “C”: 400 Albert Street - PIN 04114008 - Part lots 14, 15 South side of Albert Street and Lots 12, 13, 14, 15,16, 17 north side of Slater Street, Plan 3922 except part 2, 4R-10209, owned by The Civil Service Co-operative Credit Society Limited;

· Parcel “D”: 408 Albert Street - PIN 041140366 - Lot 13 south side of Albert Street, Plan 3922, owned by 1470475 Ontario Inc.; and

· Parcel “E”: 414 Albert Street - PIN 041140365 - Lot 12 south side of Albert Street, Plan 3922, owned by 1470475 Ontario Inc;

b) Acquire the Lands by negotiation and agreement; and

c) Report back to Committee and Council prior to finalizing and executing all documents and agreements arising from the acquisition of the Lands; and

4. Deem the notice given of the budget amendment in the 12 June 2009 editions of the Ottawa Citizen and Le Droit to comply with the Notice By-law.

DECLARATION OF INTEREST

Councillor Alex Cullen declared a potential, perceived conflict of interest on Item 3, Corporate Services and Economic Development Committee Report 44, New Central Library Site, as a person with whom he has a personal relationship is a member of the Board of Directors of The Civil Service Co-operative Credit Society Limited (known as Alterna), the owners of a portion of the subject land.

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

MOTION NO. 69/21

Moved by Councillor R. Chiarelli

Seconded by Councillor D. Thompson

BE IT RESOLVED THAT Council resolve In Camera pursuant to Procedure By-law 2006-462, Subsections 13.(1)(a) the security of the property of the City; (c) a proposed or pending acquisition or disposition of land for the purposes of the City; and (f) the receiving of advice that is subject to solicitor-client privilege, including communications necessary for that purpose, with respect to Corporate Services and Economic Development Committee Report 44, Item 3 – New Central Library Site and specifically, confidential issues surrounding the City’s negotiating position for the proposed acquisition.

CARRIED

Council resolved In Camera at 1:00 p.m.

IN CAMERA SESSION

IN COUNCIL

Council resumed in open session at 1:50 p.m.

Corporate Services and Economic Development Committee Report 44, Item 3 was put to Council and CARRIED on a division of 20 YEAS to 1 NAY as follows:

YEAS (20): Councillors P. Hume, D. Thompson, R. Chiarelli, G. Bédard, G. Brooks, J. Legendre, M. McRae, E. El‑Chantiry, R. Bloess, D. Deans, M. Wilkinson, P. Feltmate, R. Jellett,  J. Harder, C. Leadman, D. Holmes, C. Doucet, S. Qadri, B. Monette and Deputy Mayor M. Bellemare.

NAYS (1): Councillor G. Hunter.

4. 2009 WARD BOUNDARY REVIEW – Fernbank lands

Examen 2009 des limites de quartiers – TERRes de FERNBANK

COMMITTEE RECOMMENDATION

That Council approve the minor ward boundary adjustment as illustrated in Document 1, which redistributes the Fernbank Lands from Ward 21 to Wards 6 and 23.

CARRIED with Councillor C. Doucet dissenting.

5. Financing of the City Portion of Infrastructure Stimulus Projects

Financement de la portion de la Ville concernant les projets de stimulation de l'infrastructure

COMMITTEE RECOMMENDATIONS AS AMENDED

That Council:

a) Approve the projects and the City financing share of the Infrastructure Stimulus Projects as outlined in Document 1;

b) Temporarily amend:

i) Schedule E, sections 11 (4) and (5) of the Delegated Authority by-law as detailed in this report for the acquisition of land associated with the approved Stimulus projects;

ii) Section 21 (9) of the Purchasing By-law as detailed in this report for purposes of procuring goods and services related to the approved Stimulus projects;

c) Authorize the City Treasurer to:

i) Make a loan application for any eligible debt identified in Document 1 to the Canada Mortgage and Housing Corporation’s Municipal Infrastructure Lending Program;

ii) Negotiate and sign all required loan agreements and documentation;

iii) Bring debenture by-law(s) to Council if required, to complete the request for loan advances under this loan facility; and

d) Authorize the Treasurer to make any financing adjustments to the Stimulus projects as required.

e) That, should the Province of Ontario provide their share of funding for the Hunt Club / 417 interchange within the requested time limits, that the City Treasurer be delegated the authority to establish the necessary debt to fund the City’s share of the interchange within the parameters of the City’s Fiscal Framework and Provincial debt limits.

CARRIED

6. 2008 CITY OF OTTAWA CONSOLIDATED FINANCIAL STATEMENTS

ÉTATS FINANCIERS CONSOLIDÉS DE 2008 DE LA VILLE D’OTTAWA

COMMITTEE RECOMMENDATION

That Council approve the 2008 City of Ottawa Consolidated Financial Statements.

CARRIED

7. 2008 INVESTMENT AND ENDOWMENT FUND REPORT

RAPPORT DE 2008 SUR LE FONDS DE DOTATION ET L’INVESTISSEMENT

COMMITTEE RECOMMENDATION

That Council receive this report on the results of the City’s investments for 2008 as required by Ontario Regulation 438/97 as amended to Regulation 39/07, Section 8 (1), and the City’s Investment Policy.

RECEIVED

8. SINKING FUND FINANCIAL STATEMENTS 2008 AND DISTRIBUTION OF SURPLUS

états financiers des fonds d’amortissement de 2008 et répartition des excédents

COMMITTEE RECOMMENDATION

That Council receive the Sinking Fund Financial Statements for 2008 and approve the distribution of the sum of $2,378,163.59 from the City of Ottawa Sinking Fund representing the surplus in excess of the debenture commitment authorized by by-law 126-1989 which matured 31 May 2009, to the City of Ottawa.

CARRIED

9. FINANCING LEASE AGREEMENTS 2008

Ententes de Financement des baux financiers de 2008

COMMITTEE RECOMMENDATION

That Council receive this report on outstanding Lease Financing Agreements as at 31 December 2008 as required by Ontario Regulation 653/05 amended to Regulation 604/06 and the City’s Debt and Financing Policy.

RECEIVED

10. LEASE AMENDING AGREEMENT - 738 GLADSTONE AVENUE - ANGELO LORELLI - AMBULANCE POST

Accord modificateur du bail de location – 738, avenue Gladstone – Angelo Lorelli – Poste du service paramédic

COMMITTEE RECOMMENDATIONS

That Council approve the Lease Amending Agreement between the City (Tenant) and Angelo Lorelli (Landlord) for approximately 3,479ft² of space for an

Ambulance Post located at 738 Gladstone Avenue in the City of Ottawa for a term of five (5) years commencing 1 September 2009 and ending on 31 August 2015 for an estimated gross annual rent of $127,505.35 in year one. Subsequent years will be adjusted to reflect changes in operating costs and realty taxes.

CARRIED

11. CAPITAL FUNDING SUPPORT – THE OTTAWA HOSPITAL - GENERAL, RIVERSIDE AND CIVIC CAMPUSES

Soutien au FINANCEMENT DES IMMOBILISATIONS – HÔPITAL D’OTTAWA – CAMPUS GÉNÉRAL, RIVERSIDE ET CIVIC

COMMITTEE RECOMMENDATIONS

That Council approve that:

1. The Ottawa Hospital – General, Riverside and Civic Campuses be remitted $1,525,008.64, representing the amount paid to the City for Cash-in-lieu of Parkland ($101,143.59), Planning application fees ($13,158.60) and the Building permit fees ($1,410,706.45) for construction projects undertaken pursuant to the hospital’s approved 10-Year Capital Program up to and including March 31, 2009, as noted in Document 2 to this report;

2. The Cash-in-Lieu of Parkland remittance ($101,143.59), and the Building Permit fees remittance ($1,410,706.45) be funded from the City-Wide Capital Reserve Fund; and

3. The Planning Application fees remittance ($13,158.60) be funded from the 2009 Planning and Growth Management 2009 Planning Application fees revenue budget.

CARRIED

12. ST. JOSEPH BOULEVARD COMMUNITY IMPROVEMENT PLAN grant application – JARDIN ROYAL GARDEN INC. – 2802‑2810 ST. JOSEPH BOULEVARD (File no. D03-01-07 STJOG 1)

Demande de subvention du Plan d’amélioration communautaire du boulevard St-Joseph – Jardin royal garden inc. – 2802-2810, boulevard St-Joseph

COMMITTEE RECOMMENDATIONS

That Council:

1. Approve the St. Joseph Boulevard Community Improvement Plan Grant Application submitted by Jardin Royal Garden Inc., owner of the property at 2802‑2810 St. Joseph Boulevard, for a Development Incentive Grant not to exceed $735,060, payable to Jardin Royal Garden Inc. over a maximum of 10 years subject to the Owner entering into an Agreement, as provided for in the approved St. Joseph Boulevard Community Improvement Plan; and

2. Authorise staff to negotiate a Development Assistance Agreement with Jardin Royal Garden Inc. establishing the terms and conditions governing the payment of the Development Incentive Grant for the redevelopment of 2802-2810 St. Joseph Boulevard satisfactory to the Deputy City Manager, Infrastructure Services and Community Sustainability, the City Solicitor and the City Treasurer.

CARRIED

13. REQUEST FOR DEVELOPMENT CHARGE EXEMPTION - 1635 RIVERSIDE dRIVE

DEMANDE D’EXEMPTION DES REDEVANCES D’AMÉNAGEMENT – 1635, PROMENADE RIVERSIDE

COMMITTEE RECOMMENDATION

That Council approve an exemption from the payment of development charges by Lycée Claudel (1635 Riverside Drive) as a non-profit corporation under Section 7(s) of the Development Charges By-law 2004-298.

CARRIED

PLANNING AND ENVIRONMENT COMMITTEE REPORT 53

1. RESULTS OF THE NATIONAL CAPITAL AIR QUALITY MAPPING PILOT PROJECT

RÉSULTATS DU PROJET PILOTE DE CARTOGRAPHIE DE LA QUALITÉ DE L'AIR DE LA CAPITALE NATIONALE

Committee recommendations

That Council:

1. Receive the results of the National Capital Air Quality Mapping Project as detailed in this report; and

2. Direct staff to report back on the results of the air quality monitoring program in one year.

CARRIED

2. WATER EFFICIENCY PLAN: PHASE 1 UPDATE

PLAN DE VALORISATION DE L’EAU : MISE À JOUR SUR LA PHASE 1

Committee recommendations

That Council:

1. Receive and accept this annual report on implementation of the City’s Water Efficiency Plan: Phase I.

2. Approve the modifications to the Water Efficiency Plan: Phase I, as described herein.

CARRIED

3. WATER LOSS CONTROL 2008 SUMMARY REPORT

STRATÉGIE DE CONTRÔLE DES PERTES EN EAU EN 2008

COMMITTEE RECOMMENDATION

That Council receive this report for information.

MOTION NO. 69/22

Moved by Councillor P. Hume

Seconded by Councillor P. Feltmate

WHEREAS staff revised the report Water Loss Control 2008 Summary Report - Planning and Environment Committee Report 53, Item 3, to amend the conclusion on the last page of the report to correct the reported data as follows:

“These positive improvements can be attributed to our customers and staff involvement in both the Water Conservation program and the Water Loss Control Strategy activities. In 2008, $43,000 was spent for the district meter area night flow work and $254,000 $90,000 for labour, equipment and material for conducting the active leak detection work. For 2008, the program costs totaled $297,000 $133,000 and program efficiency savings totaled $243,150.”

THEREFORE BE IT RESOLVED that the report be received, as amended.

CARRIED

4. FERNBANK COMMUNITY DESIGN PLAN: OFFICIAL PLAN AMENDMENT; TRANSPORTATION MASTER PLAN; MASTER SERVICING PLAN; AND ENVIRONMENTAL MANAGEMENT PLAN

Plan de conception communautaire de FERNBANK : modification au Plan officiel ; Plan directeur des transports ; Plan directeur de viabilisation ; et plan de gestion environnementale

Committee recommendations as amended

(This application is subject to Bill 51)

That Council:

1. Approve the Fernbank Community Design Plan in Document 3, the Transportation Master Plan in Document 4, the Master Servicing Plan in Document 5 and the Environmental Management Plan in Document 6, which have been submitted under separate cover.

2. Approve Official Plan Amendment No. XX to the City of Ottawa Official Plan (2003), as detailed in Document 2, to implement the Community Design Plan.

3. Amend Document 2 – Official Plan Amendment to correct an error in the legend by deleting Schedule 2 and replacing it with a new Schedule 2.

4. Amend Document 2 – Official Plan Amendment by deleting policy 2 vi) and replacing it with a new policy 2 vi).

5. Amend Document 3 – Fernbank Community Design Plan, by deleting Figure 11 – Greenspace Plan and replacing with a new Figure 11.

6. Amend Document 3 – Fernbank Community Design Plan, Section 6.4.3 Road Network for Arterial Road/Transit Corridor by adding the following bullet:

· At both Terry Fox Drive and the North-South Arterial extension provision should be made for possible grade separation of these transportation facilities where they intersect this potential rapid transit corridor. At the North-South Arterial there is also the intersecting new Abbott Street extension, which makes such a grade separation more problematic; consideration of a long-term grade separation of these various transportation facilities at this location will be addressed as part of the EA study being soon undertaken by the City for the Western Transitway segment from Kanata Centrum to Fernbank Road.

7. Amend Document 3 – Fernbank Community Design Plan, Section 6.5.4 Linkages and Pathways by deleting the last bullet and replacing it with the following:

· It is recommended that lands to accommodate a grade separation of the TransCanada Trail, whose use may in the long term include a rapid transit corridor, at the North-South Arterial be protected for.

8. Amend Document 3 – Fernbank Community Design Plan, Section 7.7 Affordable Housing, by deleting the first bullet in the third paragraph and replacing it with the following:

· “City Council or a social housing provider may acquire land to build social housing units equivalent to approximately 7% of the total units anticipated”.

9. Amend Document 3 – Fernbank Community Design Plan, Section 6.4.3 Road Network by deleting the following bullet for Collector Roads and Local Roads:

· Coordinate the location of trees, street fixtures, utility and light poles, and signs.

and replacing it with the following:

· Coordinate the location of trees, street fixtures, telecommunications equipment, utility and light poles, and signs.

10. Amend Document 3 – Fernbank Community Design Plan, by deleting Figure 18 –Cross –Section for 26m Major Collector Road and replacing it with a new Figure 18 as shown in Attachment 4.

11. Amend Document 4 – Transportation Master Plan, Section 12.1 Plan of Roads by adding a new paragraph before the earlier paragraph that begins with “It is also noteworthy …”, to read as follows:

“The TransCanada Trail runs along a corridor that has been identified in the Ottawa Official Plan and Transportation Master Plan as a long-term (post-2031) potential rapid transit corridor both within Ottawa and possibly beyond to communities such as Carleton Place. It is also a part of a long-term commuter rail network referenced in the Mayor Task Force on Transportation (2007). At both Terry Fox Drive and the North-South Arterial extension provision should be made for possible grade separation of these transportation facilities where they intersect this potential rapid transit corridor. At the North-South Arterial there is also the intersecting new Abbott Street extension, which makes such a grade separation more problematic; consideration of a long-term grade separation of these various transportation facilities at this location will be addressed as part of the EA study being soon undertaken by the City for the Western Transitway segment from Kanata Centrum to Fernbank Road”.

12. Amend Document 4 – Transportation Master Plan, Section 12.2 Pedestrian and Cycling Plans by adding the following sentence at the end of the third paragraph:

As stated in Section 12.2 the issue of potential grade separation must also be considered for this same east-west corridor whose use may in the long term include a rapid transit corridor.

13. Amend Document 5, Master Servicing Study, Section 13.0 Conclusions by adding the following as the second last bullet under Storm Drainage:

· A local grade raise constraint affects the storm sewer west of Terry Fox Drive between the Glen Cairn SWF and the Trans-Canada Trail. The constraint area is identified on the Grading Plan and may lead to reduced sewer cover, sewer insulation, units without basements, or geotechnical techniques to raise the grade such as pre-loading or light-weight fill. Resolution of this local constraint will be addressed at detailed design stage in conjunction with Plans of Subdivision.

14. Amend Document 5, Master Servicing Study, Section 13.0 Conclusions by adding the following as the last bullet under Wastewater Collection:

· A local grade raise constraint affects the wastewater system west of the Carp River between Hazeldean Road and the Carp Tributary. The constraint area is identified on the Grading Plan and may lead to reduced sewer cover, sewer insulation, units without basements, or geotechnical techniques to raise the grade such as pre-loading or light-weight fill. Resolution of this local constraint will be addressed at detailed design stage in conjunction with Plans of Subdivision.

MOTION NO. 69/23

Moved by Councillor P. Feltmate

Seconded by Councillor S. Qadri

WHEREAS Planning and Environment Committee has recommended that Council approve the Fernbank Community Design Plan;

AND WHEREAS the disposition of the Planning and Environment Committee report stated that:

4. Prior to going to Council for approval, Planning and Growth Management will amend Table 2 of the Fernbank Community Design Plan in Document 3 to accord with the Council decision on June 10 regarding the density targets established in Section 2.2.2 of Official Plan by the Official Plan update amendment;

AND WHEREAS Council approved new minimum average density targets of 34 units per net hectare in Section 2.2.2 of Official Plan by the Official Plan update amendment;

AND WHEREAS tables 2 and 3 need to be revised to implement the new minimum density targets approved by Council;

THEREFORE BE IT RESOLVED THAT Council:

1. Amend Document 3 – Fernbank Community Design Plan, by deleting Table 2 – Dwelling Unit Projections and Table 3 – Population Projections and by replacing them with a new Table 2 and Table 3 as shown in Attachment 1.

CARRIED

ATTACHMENT 1

Land Use	Density (uph)	Area (ha)	Units (ROUNDED)	Unit Type by Percentage
Low Density (singles and semis)	26 - 28	216	5,600 – 6,000	57% - 55%
Medium Density	50 - 60	60	3,000 – 3,600	30% - 33%
High Density	60 - 75	5	300 - 380	3% - 4%
Mixed Use (assumes 55% for residential uses)	80 - 90	12	960 – 1,000	9%
Total Units			9,900 – 11,000	100%

Table 2 - Dwelling Unit Projections

Land Use	Household Size (ppu)	Units	Population (rounded)
Low Density	3.3	5,600 – 6,000	18,500 – 19,800
Medium Density	2.5	3,000 – 3,600	7,500 – 9,000
High Density	1.8	300 - 380	550 - 700
Mixed Use	1.8	960 – 1,000	1,730 – 1,800
Total Population (Approximate)			28,250 - 31,000

Table 3 - Population Projections

Item 4, Planning and Environment Committee Report 53 was then put to Council and CARRIED as amended by Motion No. 69/23.

5. ZONING - PART OF 6111 HAZELDEAN ROAD

ZONAGE - PARTIE DE 6111, CHEMIN HAZELDEAN

Committee recommendation

(This application is subject to Bill 51)

That Council approve an amendment to Zoning By-law 2008-250 to change the zoning of part of 6111 Hazeldean Road from Development Reserve Zone (DR) to General Mixed-Use Exception Holding Zone (GM [xxxx] H (11) -h) as shown in Document 2 and as detailed in Document 3.

CARRIED

6. ZONING - 1001 CANADIAN SHIELD AVENUE

ZONAGE - 1001, AVENUE CANADIAN SHIELD

Committee recommendation

(This application is subject to Bill 51)

That Council approve an amendment to Zoning By law 2008 250 to change the zoning of 1001 Canadian Shield Avenue from DR (Development Reserve) to MCxx Sxxx (Mixed-use Centre Subzone xx Schedule xxx) as detailed in Document 2 and as shown in Documents 1 and 3.

MOTION NO. 69/24

Moved by Councillor M. Wilkinson

Seconded by Councillor E. El-Chantiry

WHEREAS the Kanata Secondary Plan for the Central Business District of the Kanata Town Centre indicates that buildings should be 8 –10 storeys; and

WHEREAS the developer of the property at 1001 Canadian Shield has agreed to limit the apartments on the site to 10 storeys;

THEREFORE BE IT RESOLVED that the maximum number of storeys on Areas A, B, and C on attachment 2 of Schedule 246 of By-law 2008-250 be amended to show a maximum of 10 storeys for those areas.

CARRIED

Item 6, Planning and Environment Committee Report 53 was then put to Council and CARRIED as amended by Motion No. 69/24.

7. Zoning – 131, 135 AND 137 Holland Avenue

ZONAGE – 131, 135 ET 137, AVENUE HOLLAND

Committee recommendation

(This application is subject to Bill 51)

That Council approve an amendment to the Zoning By-law 2008-250 to change the zoning of 131, 135 and 137 Holland Avenue as shown in Document 1 from “GM[130] F(3.0) H(19) and GM[130] F(1.5) H(11) – General Mixed-Use Zone" to a new GM [xxxx] F(3.86) Sxx – General Mixed-Use Zone with exceptions and a schedule as detailed in Document 2 and Document 3.

CARRIED

8. URBAN TREE CONSERVATION STRATEGY

STRATÉGIE DE CONSERVATION DES ARBRES URBAINS

Committee recommendationS as amended

That Council:

1. Enact the Urban Tree Conservation By-law for private land as detailed in Document 1 with an immediate effective date for Part II and an effective date of 1 September 2009 for Part III;

2. Approve the Tree Conservation Report Guidelines (previously the Tree Preservation and Protection Plan) as detailed in Document 2 for use in the development review process.

3. Amend the draft Urban Tree Conservation By-law (Document 1) to include, in addition to the Urban Area, the proposed urban boundary expansion areas and a one-kilometre buffer.

4. Amend the proposed Urban Tree Conservation By-law to state that:

(a) The Urban Tree Conservation By-law shall apply to the circumstance where a distinctive tree straddles the boundary of municipal and private property and the Municipal Trees and Natural Areas Protection By-law shall not apply;

(b) The consent of all property owners is required for the injury or destruction of such a distinctive tree; and

(c) The issuance of a distinctive tree permit by the City constitutes the consent of the City to the injury or destruction of the distinctive tree.

MOTION NO. 69/25

Moved by Councillor R. Jellett

Seconded by Councillor P. Hume

BE IT RESOLVED THAT the draft Urban Tree Conservation By-law, attached as Document 1, be amended to remove Schedule “C” to the draft by-law and substitute as Schedule “C” the land identified in Schedule R37 of Document 4 in report ACS2009-ISC-PLA-0080 entitled “Comprehensive Five-Year Review of the Official Plan – Public Meeting”.

AND THAT staff be directed to report to ARAC in the fall on extending the provisions of the Urban Tree Conservation By-law to include the Official Plan environmental designations (Rural Natural Features, Natural Environment Areas, and Provincially Significant Wetlands) within 1 km of the urban boundary, as defined by the Official Plan.

CARRIED

MOTION NO. 69/26

Moved by Councillor R. Jellett

Seconded by Councillor M. Bellemare

WHEREAS the Urban Tree Strategy is an important step forward in protecting the City of Ottawa’s urban forest; and

WHEREAS the proposed $50 permit fee may discourage property owners from complying with the intent of the by-law;

THEREFORE BE IT RESOLVED that the $50 permit fee be deferred, and that staff be directed to report back to Committee and Council on how well the by-law is working by the end of Q1 in 2012, including an analysis of the requirement for a permit fee at that time.

CARRIED

MOTION NO. 69/27

Moved by Councillor D. Holmes

Seconded by Councillor P. Feltmate

That the definition of “distinctive tree” be amended to read 50 centimetres or greater.

MOTION NO. 69/28

Moved by Councillor J. Legendre

Seconded by Councillor C. Doucet

That Motion No. 69/27 be amended to read "30 cm"

LOST on a division of 6 YEAS to 13 NAYS as follows:

YEAS (6): Councillors G. Bédard, G. Brooks, J. Legendre, A. Cullen, D. Holmes and C. Doucet.

NAYS (13): Councillors P. Hume, D. Thompson, R. Chiarelli, G. Hunter, M. McRae, E. El Chantiry, R. Bloess,  D. Deans, P. Feltmate, R. Jellett, J. Harder, B. Monette and Deputy M. Bellemare.

The Motion No. 69/27 was then put to Council and CARRIED on a division of 13 YEAS to 6 NAYS as follows:

YEAS (13): Councillors P. Hume, D. Thompson, G. Bédard, G. Brooks,  J. Legendre, M. McRae, R. Bloess,  A. Cullen, P. Feltmate, R. Jellett, D. Holmes,  C. Doucet  and Deputy Mayor M. Bellemare.

NAYS (6): Councillors R. Chiarelli, G. Hunter, E. El-Chantiry, D. Deans, J. Harder and B. Monette

Item 8 of Planning and Environment Committee Report 53 was then put to Council and CARRIED as amended by Motion No. 69/27 on a division of 15 YEAS to 4 NAYS as follows:

YEAS (15): Councillors P. Hume, D. Thompson, G. Bédard, G. Brooks,  J. Legendre, M. McRae, R. Bloess,  D. Deans, A. Cullen, P. Feltmate, R. Jellett,  J. Harder, D. Holmes,  C. Doucet  and Deputy Mayor M. Bellemare.

NAYS (4): Councillors R. Chiarelli, G. Hunter, E. El-Chantiry and B. Monette.

PLANNING AND ENVIRONMENT COMMITTEE REPORT 54

1. DEVELOPMENT CHARGES POLICY REPORT

RAPPORT SUR LA POLITIQUE DES REDEVANCES D’AMÉNAGEMENT

Committee recommendations as amended

That Council approve:

1. The revised City of Ottawa Development Charge Background Study dated June 8, 2009 and the City of Ottawa Area-Specific Development Charge Background Study dated June 8, 2009, issued separately, with the following amendments:

a. That the three large area Single Dwelling Unit (SDU) residential rates as described in the City of Ottawa Development Charges Background Study, dated June 8, 2009 be amended, based on anticipated funding from the Stimulus Program, as follows: Inside the Greenbelt SDU charge of $15,536 (was $16,111), Outside the Greenbelt SDU charge of $22,071 (was $22,546) and Rural SDU charge of $14,769 (was $15,244);

b. That the Non-residential General development charge be amended, based on anticipated funding from the Stimulus Program, as follows: $16.06 per square foot for full service rate (was $16.63), Non-residential Commercial/Institutional/Industrial rate be capped at $13.01 (was $13.47) and that the (full service) rate for Limited Industrial uses be set at $7.39 (was $7.65);

2. That the current list of non-statutory exemptions, subject to the proposed transitional provisions, be modified as follows:

a. That the development charge exemptions for non-profit health care facilities be limited to the portion that is not reimbursed or subsidized by either the Provincial or Federal government;

b. The types of non-profit uses that will be exempt by resolution of Council was narrowed to include child care and long term care facilities, which are both municipally mandated services;

c. The residential Development Charges exemption within the designated areas fronting lsabella Street and Chamberlain Avenue, was removed;

d. The area-based exemption for residential properties in downtown Ottawa will be discontinued after two years, as of August 1, 2011, and no transitional provisions will apply.

3. That rates be indexed on an annual basis, commencing on August 1, 2010 in accordance with the Statistics Canada Infrastructure Development Charges Price Index;

4. That the current Development Charges By-laws be repealed and that the successor general development charge by-law and the area-specific stormwater by-laws, substantially in the form and content included in the City of Ottawa Development Charges Background Study, dated June 8, 2009 and the City of Ottawa Area-specific Development Charges Background Study for Individual Stormwater Management Ponds and Drainage Systems, dated June 8, 2009 be enacted;

5. The policy regarding front-ending agreements as detailed in Document 3 be approved including the provision for the award of contracts for front-ended works upon certification by an independent engineer that the contract provides for a competitive price;

6. Subject to 2(d), that owners who have filed a building permit application prior to September 15, 2009 and obtain a building permit prior to December 31, 2009 be subject to the lesser of the total rates in place as of June 23, 2009 and June 25, 2009;

7. That the requirement for being eligible for current provisions within the exemption zone be based on entering into an approved site plan agreement with the City before the end of the 24-month transition time frame;

8. That the requirement for being eligible for current provisions provided to the application of redevelopment credits applied to the demolition of buildings that are statutorily exempt be based on entering into an approved site plan agreement with the City before the end of the 24-month transition time frame;

9. That the proposed increase in the development charge rates be phased in, according to the following schedule:

a. From the time of By-law enforce date to January 15, 2010 the rates in the current by-law will be in effect;

b. January 16, 2010 to January 15, 2011 - current rates plus 25 per cent of difference between current and calculated charges;

c. January 16, 2011 to January 15, 2012 - current rates plus 50 per cent of difference between current and calculated charges;

d. January 16, 2012 to January 15, 2013 - current rates plus 75 per cent of difference between current and calculated charges;

e. January 16, 2013 to by-law expiry -full calculated rates.

10. That the timing of payment of non-residential development charges be calculated in two instalments - the non-discounted portion of the charge shall be paid at the time of issuance of the building permit and the discounted portion of the charge shall be payable at a maximum of two years from the date of issuance of the initial building permit subject to certain conditions. This option will not be available to institutional developments.

11. That the development in the vicinity of transit stations reduction due to the proximity to rapid transit networks are consistent with the zoning bylaw.

12. That the redevelopment of land credits be amended so that any demolitions of pre-existing residential and non-residential buildings that have taken place prior to the passage of the new by-law, excluding a type of use exempt from paying development charges, be subject to redevelopment credit expiry period ending January 1 2019.

13. That as part of the passage of the main by-law a mid-term review will be undertaken to determine if sufficient revenue is being contributed to meet development-related cost requirements.

14. That pursuant to the Development Charges Act, subsection 12(3), no further notice or meeting is required.

MOTION NO. 69/29

Moved by Councillor P. Hume

Seconded by Councillor P. Feltmate

THEREFORE BE IT RESOLVED that Recommendations 1a and 1b be deleted and replaced with the following:

a. That the three large area Single Dwelling Unit (SDU) residential rates as described in the City of Ottawa Development Charges Background Study, dated June 8, 2009 be amended, based on anticipated funding from the Stimulus Program, as follows: Inside the Greenbelt SDU charge of $15,446 (was $16,111), Outside the Greenbelt SDU charge of $21,881(was $22,546) and Rural SDU charge of $14,579 (was $15,244);

b. That the Non-residential General development charge be amended, based on anticipated funding from the Stimulus Program, as follows: 15.84 per square foot for full service rate (was $16.63), Non-residential Commercial/Institutional/Industrial rate be capped at 12.83 (was $13.47) and that the (full service) rate for Limited Industrial uses be set at 7.29 (was $7.65);

AND BE IT FURTHER RESOLVED that Recommendation 6 be amended by deleting the date of December 31, 2009 and replacing it with January 15, 2010.

That pursuant to the Development Charges Act, subsection 12(3), no further notice or meeting is required.

CARRIED

MOTION NO. 69/30

Moved by Councillor D. Holmes

Seconded by Councillor J. Legendre

That Recommendation 2.(d) be amended to change “two years” to “five years” and to change “August 1, 2011” to read “August 1, 2014”.

LOST on a division of 6 YEAS to 16 NAYS as follows:

YEAS (6): Councillors J. Legendre, M. McRae, D. Deans, A. Cullen, D.Holmes and C. Doucet.

NAYS (16): Councillors P. Hume, D. Thompson, R. Chiarelli, G. Bédard, G. Brooks, G. Hunter, E. El-Chantiry, R. Bloess, M. Wilkinson, P. Feltmate, R. Jellett, J. Harder, C. Leadman, S. Qadri, B. Monette and Deputy Mayor M. Bellemare.

Direction to Staff

That staff be directed to apply the current rate of Development Charges for the development being undertaken by Jardin Royal Garden Inc. at 2802-2810 St. Joseph Boulevard, provided that Jardin Royal enters into a deferral agreement to pay the current rate and the payment is made by September 15, 2009.

Item 1, Planning and Environment Committee Report 54 was then put to Council and CARRIED as amended by Motion No. 69/29 with Councillor D. Thompson dissenting.

MOTION NO. 69/31

Moved by Councillor P. Hume

Seconded by Councillor P. Feltmate

THEREFORE BE IT RESOLVED that the by-laws related to the Development Charges Policy Report listed as v) to hh) under item 15, Motion to Introduce By-laws, Three Readings, be approved.

CARRIED

TRANSIT COMMITTEE REPORT 28

1. TRANSIT SERVICES ANNUAL PERFORMANCE REPORT 2008

RAPPORT ANNUEL SUR LE RENDEMENT DES SERVICES DE TRANSPORT EN COMMUN 2008

COMMITTEE RECOMMENDATION

That Council receive this report for information.

RECEIVED

2. TRANSIT SERVICES: PROGRESS ON REFINEMENT TO POLICY STANDARDS

SERVICE DE TRANSPORT EN COMMUN : PROGRÈS SUR LE RAFFINEMENT DE NORMES LIÉES AUX POLITIQUES

COMMITTEE RECOMMENDATIONS

That Council:

1. Approve the new policy standards and related performance measures, area coverage (reach), occupancy and service reliability (on-time performance), as detailed in this report.

2. Receive for information the status of the Accessibility Audit.

3. Direct that the six Transit System Management Policies adopted by Council in 2005 be replaced by the resulting set of policy standards of the Transit Services Strategic Branch Review.

CARRIED

TRANSPORTATION COMMITTEE REPORT 31

1. OTTAWA PEDESTRIAN PLAN

PLAN DE CIRCULATION PIETONNIERE D’OTTAWA

COMMITTEE RECOMMENDATIONS AS AMENDED

That Council:

1. Approve the draft Ottawa Pedestrian Plan (Document 1) including:

(a) The policy and technical recommendations (Document 2);

(b) The Pedestrian Improvement Process (Document 3) to be utilized for network refinement and proactive implementation of new sidewalks;

(c) The Rating System for New Sidewalk and Pathway Requests (Document 4) to be utilized for analysis and priority ranking for responsive implementation of new sidewalks;

(d) The Pathway Winter Maintenance Criteria for determining pathways to receive winter maintenance including operating and maintenance cost impacts of applying the new criteria.

2. Direct staff to put forward, for consideration as part of the annual Capital Budget deliberations a request for funding of $3.5 Million per year to support, planning and implementation of sidewalks and pathways and pedestrian education and promotion activities.

3. That Ottawa East, Ottawa Inner and Ottawa Centre be moved to the High/Short Term Priority section of Table 7.7.

4. That the last two words of Recommendation 8.8 be deleted.

5. That the review of design elements of street crossings at wide arterial intersections that involve pedestrian islands (Recommendation 9.1), include the consideration of pedestrian signal activation devices on these pedestrian islands.

6. That Document 3 be amended by adding:

“Concerning what is ‘desirable in any given community’, Guidelines attached to any of the City’s Heritage Conservation Districts (HCDs) will determine desirability for pedestrian improvements.”

at the end of the first paragraph.

7. That a new criteria (and weighting) be added to “Pedestrian Destination/Generators” at Document 4:

Pedestrian connections between separated communities……………10.

8. That all Community Design Plans be required to have a local pedestrian plan;

And that local pedestrian plans from Community Design Plans then be applied to the master Pedestrian Plan.

9. That financial resources sufficient to fund an Environmental Assessment for the Clegg/Fifth Avenue bridge be included for debate in the 2010 budget.

10. That a permanent pedestrian connection between Donald Street and Somerset Street East be examined in 2010 and that provision for the study be included in the draft 2010 budget.

CARRIED

2. READY TO GO INFRASTRUCTURE PROJECTS FUNDING REQUEST: ADDITIONAL NEW SIDEWALK LIST

DEMANDE DE FINANCEMENT DES PROJETS D’INFRASTRUCTURES PRIORITAIRES PRETS POUR LA MISE EN CHANTIER : NOUVELLE LISTE DE TROTTOIRS SUPPLEMENTAIRES

COMMITTEE RECOMMENDATION

That Council approve the priority list of additional sidewalks, as outlined in Document 1, as a base for implementation through the Ready-To-Go Infrastructure Funding.

MOTION NO. 69/32

Moved by Councillor R. Bloess

Seconded by Councillor B. Monette

That the Carriere sidewalk(s) be replaced by a sidewalk on Pagé (from Silverbirch to Innes) with any new development paying its share (from Innes to Meadowglen).

CARRIED on a division of 11 YEAS to 6 NAYS as follows:

YEAS (11): Councillor D. Thompson, M. McRae, E. El-Chantiry, R. Bloess, D. Deans, A. Cullen, R. Jellett, J. Harder, D. Holmes, C. Doucet and B. Monette.

NAYS (6): Councillor R. Chiarelli, G. Bédard, J. Legendre, G. Hunter, P. Feltmate and Deputy Mayor M. Bellemare.

Item 2 of Transportation Committee Report 31 was then put to Council and CARRIED as amended by Motion No. 69/32 with Councillors R. Chiarelli, G. Hunter and B. Monette dissenting.

3. PLEASANT PARK AREA TRAFFIC MANAGEMENT STUDY

ÉTUDE DE GESTION DE LA CIRCULATION LOCALE DU CHEMIN PLEASANT PARK

COMMITTEE RECOMMENDATIONS AS AMENDED

That Council:

1. Approve the revised Pleasant Park Area Traffic Management Study recommendations, as indicated in Document 2, subject to stimulus funding availability for constructing the proposed new sidewalk along Pleasant Park Road.

2. Should stimulus funding for the new sidewalk not be available, approve the initial Pleasant Park Area Traffic Management Study recommendations, as indicated in Document 3.

3. Approve that the implementation of the recommended intersection narrowings and mid-block narrowings be in accordance with the process set out in the Area Traffic Management Guidelines and funding approval as part of future Capital Budget considerations.

4. Direct staff to report back to the Transportation Committee, via an IPD, with a review of the efficacy of the measures to facilitate safe crossing of Pleasant Park to the transitway one year after construction of the sidewalk.

CARRIED

4. FRONT-ENDING AGREEMENT – WIDENING OF BELCOURT BOULEVARD SOUTH OF INNES ROAD

ACCORD DE FINANCEMENT INITIAL – ÉLARGISSEMENT DU BOULEVARD BELCOURT AU SUD DU CHEMIN INNES

COMMITTEE RECOMMENDATIONS

That Council:

1. Authorize the City to enter into a Front-Ending Agreement with Riotrin Properties (Belcourt) Inc. for the design and construction of widening Belcourt Boulevard from Innes Road south for approximately 330 metres, based upon the Front-Ending principles set forth in Document 2 and the Council approved Front Ending Policy in Document 3, with the final form and content of the Front-Ending Agreement being to the satisfaction of the Deputy City Manager, Infrastructure Services and Community Sustainability Department and the City Solicitor.

2. Authorize the expenditure of $630,235 plus all applicable taxes in 2010 for the reimbursement to Riotrin Properties (Belcourt) Inc. for the oversizing portion of the design and construction of widening Belcourt Boulevard from Innes Road subject to the execution of the Front-Ending Agreement.

3. Approve a pre-commitment of $303,000 against the 2010 Capital Budget, in accordance with the Council approved Front-Ending Agreement Policy.

CARRIED

Additional Items

(Council resolved In Camera earlier in the meeting to consider these two additional items, but the disposition is shown below for ease of reference).

MOTION NO. 69/33

Moved by Councillor R. Chiarelli

Seconded by Councillor D. Thompson

BE IT RESOLVED THAT the Rules of Procedure be suspended to permit the City Clerk and Solicitor to brief Council on the tentative agreements reached for the renewal of the CIPP collective agreement and CUPE 503 Part-time for Parks and Recreation;

AND BE IT FURTHER RESOLVED THAT Council resolve In Camera pursuant to Procedure By-law 2006-462, Subsections 13.(1)(d) labour relations or 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 tentative agreements reached for the renewal of the CIPP collective agreement and CUPE 503 Part-time for Parks and Recreation.

CARRIED

Council resolved In Camera at 1:00 p.m.

IN CAMERA SESSION

IN COUNCIL

Council resumed in open session at 1:50 p.m.

1. CUPE LOCAL 503 PART-TIME RECREATION AND CULTURE COLLECTIVE AGREEMENT RATIFICATION

WHEREAS the City and the Ottawa-Carleton Public Employees’ Union, CUPE Local 503 (“CUPE 503”) have concluded very positive efforts to negotiate a renewal of their collective agreement for the City’s Part-Time Recreation and Culture Employees;

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

THEREFORE BE IT RESOLVED THAT City Council ratify the settlement proposed for resolution of all outstanding collective bargaining issues for the renewal of the CUPE Part-Time Recreation and Culture collective agreement for the period January 1, 2009, to December 31, 2011;

AND THEREFORE BE IT FURTHER RESOLVED THAT the CUPE 503 Part-Time Recreation and Culture collective agreement be made public upon ratification by the membership.

CARRIED with Councillor G. Hunter dissenting.

2. CIPP COLLECTIVE AGREEMENT RATIFICATION

WHEREAS the City and the Civic Institute of Professional Personnel (“CIPP”) have worked diligently toward reaching a renewal collective agreement that recognizes the community of interest between the City and CIPP in promoting the utmost co-operation between the City and its employees, consistent with the rights of both parties and in the interest of providing an efficient and economic service to the taxpayers of the municipality;

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

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

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

CARRIED with Councillor G. Hunter dissenting.

Motion to Adopt Reports

MOTION NO. 69/34

Moved by Councillor D. Thompson

Seconded by Councillor E. El-Chantiry

That the report from the report from Ottawa Community Housing Corporation – Annual Report and Annual General Meeting of the Shareholder, the report from the City Manager entitled Mid-Term Governance Review, the report from the City Clerk and Solicitor entitled Status Update – Council Inquiries and Motions for the Period Ending 10 June 2009, Agriculture and Rural Affairs Committee Report 42, Community and Protective Services Committee Reports 41A, 42 (In Camera) and 42A, Corporate Services and Economic Development Committee Report 44, Planning and Environment Committee Reports 53 and 54, Transit Committee Report 28 and Transportation 31 be received and adopted as amended.

CARRIED

Motions of Which Notice has Been Given Previously

MOTION NO. 69/35

Moved by Councillor C. Leadman

Seconded by Councillor D. Holmes

WHEREAS Council recently approved the Cash-in-Lieu of Parkland policy to allocate a portion of funds collected to be used for projects in the local proximity in which they were collected;

AND WHEREAS there is expected to be a remaining balance in the city wide Cash-in-Lieu fund after committed allocations are implemented;

AND WHEREAS determining the areas where the remaining balance originated from would assist in the appropriate distribution of the remaining balance in the spirit of the approved Cash-in-Lieu of parkland policy;

THEREFORE BE IT RESOLVED that City staff be directed to determine contributions and expenditures in Cash-in-Lieu of Parkland fund from 2003 to present on a ward-by-ward basis;

AND FURTHER THAT City staff be directed to allocate the residual balance in the Cash-in-Lieu of Parkland according to the ward contributions to the fund.

WITHDRAWN

Motions (Requiring Suspension of the Rules of Procedure)

MOTION NO. 69/36

Moved by Councillor J. Harder

Seconded by Councillor G. Hunter

That the Rules of Procedure be waived to consider the following:

WHEREAS the City of Ottawa is committed to providing a fair, consistent and efficient process for the Commemorative Naming Program, while respecting the important need for public consultation; and

WHEREAS at the Commemorative Naming Committee meeting held in June 2009, endorsed a commemorative naming application to name the main football field at South Nepean Park in Barrhaven (Bell-South Nepean) Ward 3 and directed staff to proceed to the next steps in the process; and

WHEREAS the Commemorative Naming Committee recommends reducing the timeframe of the consultation phase for this application from 60 days to 30 days, for this application only, to permit an unveiling ceremony during the fall 2009 football season;

THEREFORE BE IT RESOLVED that Council adjust the notification period from 60 days to 30 days for this application only and that, should a group request additional time for consideration, the request be referred to the Ward Councillor for discussion with the community group.

CARRIED

MOTION NO. 69/37

Moved by Councillor D. Thompson

Seconded by Councillor M. Bellemare

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

WHEREAS the 2009 AMO Annual Conference is being held in Ottawa from August 16^th to 19^th, and is an important forum for City Councillors to address essential municipal issues with the Ontario government;

AND WHEREAS there are several important items that must be addressed by the Standing Committees in advance of the August 26^th scheduled Council meeting;

AND WHEREAS, if approved, the Mid-term Governance Review will bring changes to the Standing Committee schedule, including the addition of an Audit, Budget and Finance Committee to meet on the third Tuesday of the month;

THEREFORE BE IT RESOLVED THAT City Staff are recommending the following changes to the August and September Council and Committee meeting schedule:

i. That the Council meeting originally scheduled for Wednesday, August 26, 2009 be moved by one week to Wednesday, September 2, 2009 to allow time for the required Standing Committee meetings to occur; and

ii. That the Standing Committee meetings and their resulting reports to Council be dealt with according to the following revised schedule:

Monday, August 24 (a.m.) – Audit, Budget and Finance Committee;

Monday, August 24 (p.m.) – Corporate Services and Economic Development Committee;

Tuesday, August 25 – Planning and Environment Committee;

Wednesday, August 26 – Transportation Committee;

Thursday, August 27 – Agriculture and Rural Affairs Committee;

Tuesday, September 1 – Transit Committee; and

Thursday, September 3 – Community and Protective Services Committee.

CARRIED with Councillor R. Chiarelli dissenting.

MOTION NO. 69/38

Moved by Councillor P. Hume

Seconded by Councillor P. Feltmate

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

WHEREAS on August 14, 2003, a series of power surges over a 12-second period triggered a cascade of shutdowns at more than 100 generating plants throughout Ontario and eight U.S. states;

WHEREAS the result was the biggest blackout in North American history;

WHEREAS the Ontario Power Authority is recognizing this day in history with a provincewide conservation competition among Ontario’s communities called Count Me In! Community Challenge Day on August 14, 2009;

WHEREAS on June 3^rd 2009 the City of Woodstock issued a challenge to municipalities across Ontario to compete in the Count Me In! Community Challenge Day;

WHEREAS participating municipalities can compete in two different categories – the first being the highest percentage drop in electricity consumption on August 14th, and the second, the highest per capita participation in the Count Me in! pledge drive;

Whereas the results of the provincewide challenge will be announced in Ottawa at the AMO Annual Conference on August 19^th;

THEREFORE BE IT RESOLVED THAT the City of Ottawa take up the challenge and join the other 20 municipalities who have committed to reduce their overall energy consumption between 8:00 am and 8:00 pm on the Community Challenge Day.

CARRIED

MOTION NO. 69/39

Moved by Councillor C. Doucet

Seconded by Councillor P. Hume

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

WHEREAS the city's ability to build Traditional Mainstreets as described in the Official Plan is compromised by requiring easements to accommodate existing hydro poles and wires that make their policies impossible to meet; and

WHEREAS the applicant of the proposed development at 164 Main Street was not advised until the last minute of the existing hydro easements on their property, resulting in a previously undisclosed 5 metre setback being required, when all of the other considerations had been taken into account; and

WHEREAS the impact of the easement, and the timing of the information being provided to the proponent have resulted in making this specific project impossible,

Whereas the Councillor has sought relief from Ottawa Hydro in order that a project which conforms perfectly to the requirements of the Official Plan but been unsuccessful;

Whereas the developer is going forward with a project less than half the size of the original proposition and will not conform to the desired type of development described for Main Streets in the Official Plan;

THEREFORE BE IT RESOLVED THAT rather than violating Council’s principle regarding development charges (approximately $100,000.00 for this site) staff be directed to work with Hydro Ottawa to find a solution that will allow development along Main Street to meet the goals of the official plan and that the City allocate from the city wide capital reserve a maximum of $80,000.00 that would allow the 164 Main Street development to move forward as proposed, and meet the goals of the Traditional Main Street designation and provide the basis for solutions for the balance of Main Street.

Pursuant to Subsection 1 (2) of Procedure By-law 2006-462, Suspension of the Rules of Procedure LOST on a division of 7 YEAS to 11 NAYS (15 votes required) as follows:

YEAS (7): Councillors P. Hume, J. Legendre, M. McRae, A. Cullen, P. Feltmate, D. Holmes and C. Doucet.

NAYS (11): Councillors D. Thompson, R. Chiarelli, G. Bédard, G. Hunter, E. El-Chantiry, R. Bloess, D. Deans, R. Jellett, J. Harder, B. Monette and Deputy Mayor M. Bellemare.

MOTION NO. 69/40

Moved by Councillor C. Doucet

Seconded by Councillor G.Bédard

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

WHEREAS recently a copy of a letter dated June 11, 2009 has been received confirming the original terms of reference, but this is more than 12 months after the public Design Competition was suspended;

WHEREAS staff did not receive any proposal from the unsolicited bid until October 2008, six months after the public Design Competition was suspended.

WHEREAS the Ottawa Option does not permit sole sourcing for land development

WHEREAS the first unsolicited proposal including a shopping centre, hotel and aquarium proved to be unacceptable to Council and the proponents were requested to prepare a second bid.

THEREFORE BE IT RESOLVED that the Auditor-General’s Office be requested to report to Council on whether or not that sufficient information was available to staff and council to suspend the public design process in May of 2008 and that this report be available for September 2, 2009.

BE IT FURTHER RESOLVED that the Auditor-General’s Office be requested to report to Council whether there is sufficient legal authority available to Council to adjust the initial unsolicited bid to give the proponents a second, unsolicited bid without the appearance of favouritism and that this report be available September 2, 2009.

Pursuant to Subsection 1 (2) of Procedure By-law 2006-462, Suspension of the Rules of Procedure LOST on a division of 6 YEAS to 12 NAYS (15 votes required) as follows:

YEAS (6): Councillors G. Bédard, J. Legendre, A. Cullen, P. Feltmate, D. Holmes and C. Doucet.

NAYS (12): Councillors P. Hume, D. Thompson, R. Chiarelli, G. Hunter, M. McRae, E. El‑Chantiry, R. Bloess, D. Deans, R. Jellett, J. Harder, B. Monette and Deputy Mayor M. Bellemare.

Notices of Motion (For Consideration at Subsequent Meeting)

MOTION

Moved by Councillor C. Doucet

Seconded by Councillor P. Hume

WHEREAS the city's ability to build Traditional Mainstreets as described in the Official Plan is compromised by requiring easements to accommodate existing hydro poles and wires that make their policies impossible to meet; and

WHEREAS the applicant of the proposed development at 164 Main Street was not advised until the last minute of the existing hydro easements on their property, resulting in a previously undisclosed 5 metre setback being required, when all of the other considerations had been taken into account; and

WHEREAS the impact of the easement, and the timing of the information being provided to the proponent have resulted in making this specific project impossible,

Whereas the Councillor has sought relief from Ottawa Hydro in order that a project which conforms perfectly to the requirements of the Official Plan but been unsuccessful;

Whereas the developer is going forward with a project less than half the size of the original proposition and will not conform to the desired type of development described for Main Streets in the Official Plan;

THEREFORE BE IT RESOLVED THAT rather than violating Council’s principle regarding development charges (approximately $100,000.00 for this site) staff be directed to work with Hydro Ottawa to find a solution that will allow development along Main Street to meet the goals of the official plan and that the City allocate from the city wide capital reserve a maximum of $80,000.00 that would allow the 164 Main Street development to move forward as proposed, and meet the goals of the Traditional Main Street designation and provide the basis for solutions for the balance of Main Street.

MOTION

Moved by Councillor C. Doucet

Seconded by Councillor G.Bédard

WHEREAS recently a copy of a letter dated June 11, 2009 has been received confirming the original terms of reference, but this is more than 12 months after the public Design Competition was suspended;

WHEREAS staff did not receive any proposal from the unsolicited bid until October 2008, six months after the public Design Competition was suspended.

WHEREAS the Ottawa Option does not permit sole sourcing for land development

WHEREAS the first unsolicited proposal including a shopping centre, hotel and aquarium proved to be unacceptable to Council and the proponents were requested to prepare a second bid.

THEREFORE BE IT RESOLVED that the Auditor-General’s Office be requested to report to Council on whether or not that sufficient information was available to staff and council to suspend the public design process in May of 2008 and that this report be available for September 2, 2009.

BE IT FURTHER RESOLVED that the Auditor-General’s Office be requested to report to Council whether there is sufficient legal authority available to Council to adjust the initial unsolicited bid to give the proponents a second, unsolicited bid without the appearance of favouritism and that this report be available September 2, 2009.

MOTION

Moved by Councillor D. Holmes

Seconded by Councillor P. Hume

WHEREAS as Mayor of the City of Ottawa, Marion Dewar conceived and championed Project 4000, placing our community at the international forefront of responding to a major humanitarian disaster in Southeast Asia;

WHEREAS Project 4000 brought to Ottawa more than 4,000 Southeast Asian refugees, setting our community on a path to becoming the diverse, tolerant and welcoming place that it is today;

WHEREAS Project 4000 represents a generational moment of civic building in the history of the City of Ottawa;

WHEREAS today the successful integration, social inclusion and settlement of immigrants, newcomers and refugees represent a key determinant of Ottawa’s future, economically and socially;

WHEREAS the Ottawa Community Immigrant Services Organization, which also owes its creation to the legacy of Marion Dewar, has recently established the Marion Dewar Scholarship Fund in partnership with the Community Foundation of Ottawa and various other community partners;

WHEREAS the Marion Dewar Scholarship Fund will support new Canadians in Ottawa who demonstrate leadership, and high academic excellence, in continuing on to post-secondary education within our community;

AND WHEREAS the Marion Dewar Scholarship Fund is an important way for the City to honour the legacy of one of its greatest Mayors and, at the same time, invest in the collective future of our city;

THEREFORE BE IT RESOLVED THAT the City Manager be directed to identify supporting resources for a one-time, legacy endowment of $20,000 to be made to the Marion Dewar Scholarship Fund on behalf of the City of Ottawa, and that this contribution be made prior to the close of this calendar year.

By-laws Three Readings

MOTION NO. 69/41

Moved by Councillor D. Thompson

Seconded by Councillor E. El-Chantiry

That the following by-laws be enacted and passed:

2009-195 A by-law of the City of Ottawa to appoint a Deputy Treasuer, Revenue and a Deputy Treasurer, Corporate Finance for the City of Ottawa.

2009-196 A by-law of the City of Ottawa to amend By-law No. 2007-268 respecting fees and charges for public transit services.

2009-197 A by-law of the City of Ottawa to establish certain lands as common and public highway and assume them for public use (Cumberland Ridge Drive).

2009-198 A by-law of the City of Ottawa to establish certain lands as common and public highway and assume them for public use (Appleton Drive).

2009-199 A by-law of the City of Ottawa to stop up and close part of Brunswick Street on Registered Plan 110574.

2009-200 A by-law of the City of Ottawa to protect trees on private property in the urban area.

2009-201 A by-law of the City of Ottawa to establish certain lands as common and public highway and assume them for public use (Brisebois Crescent).

2009-202 A by-law of the City of Ottawa to establish certain lands as common and public highway and assume them for public use (St. Joseph Boulevard).

2009-203 A by-law of the City of Ottawa to amend By-law No. 2002-189 respecting the licensing, regulation and governing of body-rub parlours.

2009-204 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 part of the property known municipally as 3800 Heuvelmans Road.

2009-205 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 131, 135 and 137 Holland Avenue.

2009-206 A by-law of the City of Ottawa to amend the Official Plan for the City of Ottawa to implement the Fernbank Community Design Plan.

2009-207 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 1001 Canadian Shield Avenue.

2009-208 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 part of the property known municipally as 6111 Hazeldean Road.

2009-209 A by-law of the City of Ottawa to amend the Official Plan for the City of Ottawa to implement changes brought forward from the five year review of the Official Plan as required by the Planning Act, R.S.O. 1990, c.P.13, as amended.

2009-210 A by-law of the City of Ottawa to amend By-law No. 2006-273 to appoint certain Municipal Law Enforcement Officers.

2009-211 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.

2009-212 A by-law of the City of Ottawa to amend By-law No. 58 of 1995 of the old Regional Municipality of Ottawa-Carleton (Appointment of Municipal By-law Enforcement Officers By-law) for collection, removal and disposal of waste enforcement.

2009-213 A by-law of the City of Ottawa amend By-law No. 2003-499 respecting Fire Routes and to repeal By-law 2007-364.

2009-214 A by-law of the City of Ottawa to designate certain lands at 100 to 140 Whispering Winds Way, 109 to 115 Whispering Winds Way, 141 to 153 Whispering Winds Way as being exempt from Part Lot Control.

2009-215 A by-law of the City of Ottawa to designate certain lands on Jersey Tea Circle, North Bluff Drive, Eyebright Crescent and Bowercrest Crescent as being exempt from Part Lot Control.

2009-216 A by-law of the City of Ottawa for the imposition of development charges.

2009-217 A by-law of the City of Ottawa for the imposition of development charges for Riverside South - South Urban Centre Stormwater Facilities.

2009-218 A by-law of the City of Ottawa for the imposition of development charges for Leitrim - South Urban Centre Stormwater Facilities.

2009-219 A by-law of the City of Ottawa for the imposition of development charges for Nepean - South Urban Centre Stormwater Facilities.

2009-220 A by-law of the City of Ottawa for the imposition of development charges for Nepean Ponds in Parks - South Urban Centre Stormwater Facilities.

2009-221 A by-law of the City of Ottawa for the imposition of development charges for Inner Greenbelt Ponds Stormwater Facilities.

2009-222 A by-law of the City of Ottawa for the imposition of development charges for Monahan Drain Stormwater Facilities.

2009-223 A by-law of the City of Ottawa for the imposition of development charges for Shirley’s Brook Stormwater Facilities.

2009-224 A by-law of the City of Ottawa for the imposition of development charges for Cardinal Creek Erosion Works Stormwater Facilities.

2009-225 A by-law of the City of Ottawa for the imposition of development charges for Gloucester Stormwater Facilities.

2009-226 A by-law of the City of Ottawa for the imposition of development charges for N4 and N5 Channelization Stormwater Facilities.

2009-227 A by-law of the City of Ottawa for the imposition of development charges for N5 and Channelization Stormwater Facilities.

2009-228 A by-law of the City of Ottawa for the imposition of development charges for Osgoode/Greely Erosion Control Stormwater Facilities.

CARRIED

Confirmation By-law

MOTION NO. 69/42

Moved by Councillor D. Thompson

Seconded by Councillor E. El-Chantiry

THAT By-law 2009-229 to confirm the proceedings of Council be enacted and passed.

CARRIED

Inquiries

From Councillor A. Cullen with respect to the Ottawa Taxpayer Advocacy Group allegations.

From Councillor A. Cullen with respect to the City’s policy for purchasing abandoned rail corridors.

From Councillor M. McRae with respect to the Commemorative Naming process.

From Councillor C. Leadman with respect to the framework for the development of supplementary budget options.

Adjournment

Council adjourned the meeting at 9:20 p.m.

CITY CLERK

DEPUTY MAYOR