OTTAWA CITY COUNCIL

26 May 2010

ANDREW S. HAYDON HALL

10:00 a.m.

 

MINUTES 90

 

The Council of the City of Ottawa met at Andrew S. Haydon Hall, 110 Laurier Avenue West, Ottawa, on 26 May 2010 beginning at 10:00 a.m.

 

 

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

 

 

The National Anthem was performed by the musical group See Joe Smile.

 

 

Announcements/Ceremonial Activities

 

Recognition – CNIB Shades of Fun Day

 

Mayor O’Brien declared Thursday, May 27th, 2010 as CNIB Shades of Fun Day in the City of Ottawa.  The Mayor presented the framed proclamation to Mr. Mike Nicholson, Associate Director for Services and Operations, Canadian National Institute for the Blind and Mr. Sam Fulton, Member of the Board of Directors, Canadian National Institute for the Blind.

 

 

Roll Call

 

ALL MEMBERS WERE PRESENT.

 

 

Confirmation of Minutes

 

The Minutes of the regular and In-Camera meeting of 12 May 2010 were confirmed.

 

 


Declarations of interest including those originally arising from prior meetings

 

No declarations were received.

 

Communications

 

The following communications were received

 

·                     Association of Municipalities of Ontario (AMO):

·         Bill 16 Proposes Transfer of OHIP and Related Costs to Municipalities

·         Government Withdraws OHIP Costs Transfer Proposal

 

·                     Responses to Inquiries

·         13-10 - Legal Costs Related to the Trees By-law

 

·                     A marketing video for Ottawa, produced jointly by the City of Ottawa and the Ottawa Centre for Research and Innovation (OCRI)

 

Regrets

 

No regrets were filed.

 

Motion to Introduce Reports

 

MOTION NO. 90/1

 

Moved by Councillor G. Hunter

Seconded by Councillor R. Jellett

 

That the report from Ottawa Community Housing Corporation entitled “Ottawa Community Housing Corporation Annual Report and Annual General Meeting of the Shareholder”, the report from the City Clerk and Solicitor entitled “Status Update – Council Inquiries and Motions for the Period Ending 12 May 2010”; Community and Protective Services Committee Report 54, Planning and Environment Committee Report 69, Transportation Committee Report 39 and Transit Committee Reports 38B (In-Camera) and 39, be received and considered.

 

And That the Rules of Procedure be suspended to receive and consider Planning and Environment Committee Report 70, because of the urgency of the items contained in this report (specific reasons set out below.)

 

(Waiver of the Rules is being requested for item 1 of Planning and Environment Committee Report 70 because the lease of land to Energy Ottawa must be approved before Energy Ottawa submits its application (which is time sensitive and must be submitted as soon as possible) to the Ontario Feed-in-Tariff (FIT) Program.   )

 

CARRIED with Councillor G. Hunter dissenting on Waiver of the Rules of Procedure for Planning and Environment Committee Report 70.

 

 

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 2009-2010 Ottawa Community Housing Corporation (OCHC) Annual Report be received.

 

2.         That the Audited Financial Statements of Ottawa Community Housing Corporation (OCHC) for the year 2009 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 2010.

 

5.                  That Council direct City staff to bring forward a report to Community and Protective Services Committee and City Council in June, 2010 regarding the provision of a Municipal Guarantee to support OCHC’s loan application to Infrastructure Ontario. (Attachment 2) 

 

6.                  That report OCHC-013/10 be received appointing Ms. Sarah Kambites to the Board of Directors as a Community member, replacing Mr. Jay Zakaib. (Attachment 3)

 

7.                  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.


 

MOTION NO. 90/2

 

Moved by Councillor A. Cullen

Seconded by Councillor S. Qadri

 

That Recommendation No. 1 regarding the 2009-2010 Ottawa Community Housing Corporation Annual Report be referred to the Community and Protective Services Committee.

 

Mayor O’Brien ruled that Motion No. 90/2 was out of order as authority for the Ottawa Community Housing Corporation rests with Council.  Councillor Cullen challenged the Mayor’s ruling.  Mayor O’Brien was sustained, on a division of 15 YEAS to 4 NAYS as follows:

 

YEAS (15):     Councillors D. Holmes, D. Thompson, M. Wilkinson, G. Brooks, C. Doucet, J. Legendre, P. Feltmate, M. Bellemare, C. Leadman, M. McRae, S. Desroches, G. Bédard, D. Deans, G. Hunter and Mayor O’Brien.

 

NAYS (4):      Councillors S. Qadri, R. Bloess, A. Cullen and B. Monette.

 

The report from the Ottawa Community Housing Corporation, entitled Ottawa Community Housing Corporation Annual Report and Annual General Meeting of the Shareholder was then put to Council and CARRIED.

 

 

Postponements and Deferrals

 

CITY COUNCIL – MAY 12, 2010

 

    

                MUNICIPAL STREET OCCUPATION AGREEMENT - ROGERS

 

 

MOTION NO. 89/10

 

Moved by Councillor P. Hume

Seconded by Councillor J. Harder

 

WHEREAS the City of Ottawa has brought a claim for breach of contract against Rogers for the payment of unpaid access fees;

 

AND WHEREAS Rogers has brought a counter-claim against the City for the over-payment of access fees between 1998 and 2004;

 

AND WHEREAS the parties have negotiated a proposed settlement in the litigation for $1 million in the City’s favour and to enter into a new Municipal Street Occupation Agreement (“Agreement”);

 

AND WHEREAS the City’s external Legal Counsel and the City Clerk and Solicitor have recommended that Council accept the settlement of the litigation for $1 million and enter into a new Agreement in accordance with terms negotiated between the City and Rogers;

 

THEREFORE BE IT RESOLVED THAT City Council direct the City Clerk and Solicitor to accept the offer to settle for $1 million and to execute the proposed Municipal Street Occupation Agreement with Rogers and to implement the settlement accordingly.

 

 

MOTION NO. 89/11

 

Moved by Councillor G. Hunter

Seconded by Councillor D. Deans

 

That Motion No. 89/10 be tabled to the next Council meeting scheduled for 26 May 2010.

 

Motion No. 89/11 CARRIED on a division of 9 YEAS to 7 YEAS as follows:

 

YEAS (9):       Councillors M. Wilkinson, E. El-Chantiry, D. Deans, G. Bédard, B. Monette, J. Harder, S. Qadri, G. Hunter and J. Legendre.

 

NAYS (7):      Councillors S. Desroches, C. Leadman, R. Jellett, M. McRae, A. Cullen, D. Thompson and Mayor L. O’Brien.

 

 

CITY COUNCIL – MAY 26, 2010

 

Councillors Hume and Harder accepted as a friendly amendment to their motion (Motion No. 89/10), the addition of the words “which includes a $30,000 annual free for 10 years” and put forward the following revised motion.

 

MOTION NO. 90/3

 

Moved by Councillor P. Hume

Seconded by Councillor J. Harder

 

WHEREAS the City of Ottawa has brought a claim for breach of contract against Rogers for the payment of unpaid access fees;

 

AND WHEREAS Rogers has brought a counter-claim against the City for the over-payment of access fees between 1998 and 2004;

 

AND WHEREAS the parties have negotiated a proposed settlement in the litigation for $1 million in the City’s favour and to enter into a new Municipal Street Occupation Agreement (“Agreement”);

 

AND WHEREAS the City’s external Legal Counsel and the City Clerk and Solicitor have recommended that Council accept the settlement of the litigation for $1 million and enter into a new Agreement in accordance with terms negotiated between the City and Rogers;

 

THEREFORE BE IT RESOLVED THAT City Council direct the City Clerk and Solicitor to accept the offer to settle for $1 million and to execute the proposed Municipal Street Occupation Agreement with Rogers, which includes a $30,000 annual fee for 10 years, and to implement the settlement accordingly.

 

 

MOTION NO. 90/4

 

Moved by Councillor G. Hunter

Seconded by Councillor M. Wilkinson

 

WHEREAS the City of Ottawa has brought a claim for breach of contract against Rogers for the payment of unpaid access fees;

 

AND WHEREAS Rogers has brought a counter-claim against the City for the over-payment of access fees between 1998 and 2004;

 

AND WHEREAS the CRTC ruled in cases involving Allstream and the cities of Calgary, Edmonton and Toronto that by denying MTS Allstream Inc.'s (MTS Allstream) application requesting an order to grant MTS Allstream access to public highways and municipal property within the jurisdiction of the City of Calgary (Calgary) on terms and conditions that are consistent with the principles set out in Ledcor/Vancouver - Construction, operation and maintenance of transmission lines in Vancouver, Decision CRTC 2001-23 25 January 2001. The Commission finds that MTS Allstream failed to demonstrate that its predecessor, MetroNet Communications Group Inc., did not intend to enter into a municipal access agreement with Calgary (the Agreement) and that the Agreement did not validly represent its acceptance of the terms because of mistake, duress, inequality of bargaining power or other circumstances. In other words the agreements should remain in force because they were entered in good faith;

 

AND WHEREAS the CRTC has ruled that telecom matters fall under federal jurisdiction. Therefore matters involving telecom companies are not subject to provincial regulations;

 

THEREFORE BE IT RESOLVED THAT the City of Ottawa turn down Rogers request for a settlement and continue to pursue the city's valid claim for a continuance of the agreements between Rogers and the former City of Ottawa, its partner municipalities and the RMOC at an approximate value of $300,000 per year.

 

Mayor O’Brien ruled, in accordance with Subsection 58(8), that Motion No. 90/4 was a substantial substitution for Motion No. 90/3; was antithetical to the intent of that motion; and would only be considered if Motion No. 90/3 lost.

 

Motion No. 90/3 was then put to Council and CARRIED on a division of 14 YEAS to 10 NAYS as follows:

 

YEAS (14):     Councillors D. Holmes, G. Brooks, C. Doucet, J. Legendre, P. Feltmate, S. Qadri, M. Bellemare, C. Leadman, P. Hume, A. Cullen, M. McRae, S. Desroches, G. Bédard and Mayor O’Brien.

 

NAYS (10):    Councillors E. El-Chantiry, D. Thompson, M. Wilkinson, R. Bloess, R. Chiarelli, J. Harder, D. Deans, B. Monette, G. Hunter and R. Jellett.

 

As Motion No. 90/3 CARRIED, Motion No. 90/4 was ruled REDUNDANT.

 

 

CITY COUNCIL – MAY 12, 2010

 

MOTION NO. 89/13

 

Moved by Councillor C. Doucet

Seconded by Councillor C. Leadman

 

WHEREAS relocating the existing community park amenities, which include a wading pool, maintenance building, play structure, baseball diamonds and dog run would result in the City of Ottawa incurring unnecessary costs; and

 

Whereas the wading pool of this community park space is the most heavily used children’s pool in the city and is essential to the successful operation of the City summer recreation programs; and

 

WHEREAS the residents and community park users do not want any changes made to their local park nor do they want the city to incur needless new costs to the taxpayer to relocate park amenities; and

 

WHEREAS the inclusion of the community park in the Request for Proposals for the Lansdowne Park Front Lawn Design Competition was done without any consultation with the local community or council and city staff have refused to meet with the community on this matter;

 

BE IT RESOLVED THAT the community park bounded by Queen Elizabeth Drive, Fifth Avenue and O’Connor be retained in its current configuration and function.

 

 

MOTION NO. 89/14

 

Moved by Councillor J. Harder

Seconded by Councillor C. Leadman

 

WHEREAS all decisions relating to Lansdowne Park should be made at the same time when all pertinent information is available to Council; and

 

WHEREAS Motion No. 89/13 refers to community park space at the corner of Queen Elizabeth Drive and Fifth Avenue which is within the study area for the Lansdowne Partnership Plan;

 

THEREFORE BE IT RESOLVED THAT Motion No. 89/3 be referred to the upcoming Special Council Meeting on the Lansdowne Partnership Plan, scheduled to begin on June 24, 2010, to be addressed in concert with Council deliberations on the related staff report.

 

MOTION NO. 89/15

 

Moved by Councillor G. Hunter

Seconded by Councillor D. Deans

 

THEREFORE BE IT RESOLVED THAT all motions related to Sylvia Holden Park be deferred to the next City Council meeting scheduled for 26 May 2010.

 

Motion No. 89/15 CARRIED on a division of 17 YEAS to 5 NAYS as follows:

 

YEAS (17):     Councillors M. Wilkinson, E. El-Chantiry, D. Deans, S. Desroches, C. Leadman, C. Doucet, R. Bloess, D. Holmes, R. Jellett, M. Bellemare, G. Bédard, M. McRae, A. Cullen, J. Harder, G. Hunter, J. Legendre and P. Hume.

 

NAYS (5):      Councillors R. Chiarelli, B. Monette, S. Qadri, D. Thompson and Mayor L. O'Brien.

 


CITY COUNCIL – MAY 26, 2010

 

 

Councillors Doucet and Leadman submitted the following motion as a substitution for Motion No. 89/13.

MOTION NO. 90/5

 

Moved by Councillor C. Doucet

Seconded by Councillor C. Leadman

 

WHEREAS relocating the existing community park amenities, which include a wading pool, maintenance building, play structure, baseball diamonds and dog park would result in the City of Ottawa incurring unnecessary costs;

 

WHEREAS the wading pool of this community park space is the most heavily used children’s pool in the city and is essential to the successful operation of the City summer recreation programs;

 

WHEREAS the residents and community park users do not want any changes made to their local park nor do they want the city to incur needless new costs to the taxpayer to relocate park amenities;

 

WHEREAS the inclusion of the community park in the Request for Proposals for the Lansdowne Park Front Lawn Design Competition was done without any consultation with the local community or council and city staff have not met with the community on this matter;

 

WHEREAS and as confirmed by City staff, the population to parkland ratio in the Glebe versus the City of Ottawa ratio is 2.47 ha per 1,000 in the Glebe versus 4.75 ha per 1000 population City-wide;

 

BE IT RESOLVED that local park users be invited to a public consultation meeting organized by City of Ottawa staff at a mutually convenient time at least one week prior to the public delegation portion of the Special Council meeting to provide feedback on the importance of retaining the community park bounded by Queen Elizabeth Drive, Fifth Avenue and O’Connor in its current configuration and function, and that a comprehensive staff report of this meeting be tabled at the Special Council meeting prior to the commencement of deliberations.

 

                                                                                                CARRIED

 

Motion No. 90/5 having Carried, Councillors Harder and Leadman withdrew Motion No. 89/14.


 

Direction

 

That the Lansdowne Design Competition Jury, in its evaluation of the five designs,  be directed to pay special attention to the criteria for Lansdowne Community Park (known in the community as Sylvia Holden Park) set out in the Request for Proposals.  In doing so, they should ensure that the winning design takes into account the current elements of Lansdowne Community Park, which includes two baseball diamonds, a basketball court, a splash pad, a play structure, outdoor rinks, an informal sports field, a small wading pool, a park support building, a fenced dog run of approximately 1250 sq.m  and memorial trees (located in proximity to the existing play structures) that were planted by the community.  And further that this park be fully accessible to the community at all times during the rehabilitation of Lansdowne.

 

Reports

 

CITY CLERK AND SOLICITOR

 

    

1.             sTATUS UPDATE - COUNCIL INQUIRIES AND MOTIONS for the period ending 12 may 2010

 

RAPPORT DE SITUATION – DEMANDES DE RENSEIGNEMENTS ET MOTIONS DU CONSEIL POUR LA PÉRIODE SE TERMINANT LE 12 mai 2010

 

 

REPORT RECOMMENDATION

 

That Council receive this report for information.

 

                                                                                                            RECEIVED

 

COMMITTEE REPORTS

 

COMMUNITY AND PROTECTIVE SERVICES COMMITTEE REPORT 54

 

 

1.             HABITAT FOR HUMANITY CONDITIONAL GRANT FOR 1499 appleton drive DEVELOPMENT CHARGES

 

Demande d’Habitat pour l’humanité visant à reporter les droits d’aménagement liés à la propriété située au 1499, promenade Appleton

 

 

 

Committee RecommendationS

 

That Council approve, pursuant to Section 107 of the Municipal Act, 2001, a grant in the amount of $11,218.00 for the 1499 Appleton Drive development charges, subject to Habitat for Humanity National Capital Region entering into an agreement with the City that provides as follows:

 

(i)                 Habitat for Humanity National Capital Region to develop one affordable housing unit at 1499 Appleton Drive that shall be sold to a member of a family unit that is at or below the Low Income Cut-Off (before tax) 2008 as established by Statistics Canada and set out in Document 1 to this report;

(ii)                Repayment of the sum of $11,218.00 in the event that the unit does not remain affordable for a term of 20 years and forgiveness of the $11,218.00 if the unit remains affordable for the entire 20 year term;  and

(iii)              The sum of $11,218.00 to be secured by way of an interest free Charge/Mortgage from Habitat for Humanity National Capital Region to the City that is registered on title to the property municipally known as 1499 Appleton Drive. 

 

                                                                                                            CARRIED

 

 

 

2.             OTTAWA PUBLIC HEALTH 2009 ANNUAL REPORT

SANTÉ PUBLIQUE OTTAWA RAPPORT ANNUEL DE 2009

 

 

Committee Recommendation

 

That Council receive this report for information.

 

                                                                                                            RECEIVED

 

 

PLANNING AND ENVIRONMENT COMMITTEE REPORT 69

 

 

1.          ZONING AND SITE PLAN - 187 METCALFE STREET

 

                ZONAGE ET PLAN D'IMPLANTATION - 187, RUE METCALFE

 

 

Committee recommendation as amended

 

(This matter is Subject to Bill 51)

 

That Council approve an amendment to the City of Ottawa Zoning By-law to change the zoning of 187 Metcalfe Street to amend the exception of the R5B [1600] S242 (Residential Fifth Density Subzone B – Exception 1600 – Schedule 242) zone to permit additional uses and amended provisions as detailed in Document 2, as amended to delete the “outdoor cinema” use from Document 2, subsections 1 and 3.

 

 

MOTION NO. 90/6

 

Moved by Councillor D. Holmes

Seconded by Councillor C. Leadman

 

THEREFORE BE IT RESOLVED that the Planning Department and the Parking and Traffic Branches work together with the owner of properties on Nepean Street to resolve the traffic situation.

 

                                                                                                CARRIED

 

Item 1 of Planning and Environment Committee Report 69 was then put to Council and CARRIED as amended by Motion No. 90/6.

 

 


 

2.          ZONING – 80 FLORENCE STREET

 

ZONAGE – 80, RUE FLORENCE

 

 

Committee recommendation

 

(This matter is Subject to Bill 51)

 

That Council approve an amendment to the Zoning By-law 2008-250 to change the zoning of 80 Florence Street from R4S [479], Residential Fourth Density Zone Exception 479 with a heritage overlay to R5B[xxxx] H(23.5), Residential Fifth Density exception Zone with a heritage overlay, as shown on Document 1 and detailed in Document 2.

                                                                                                                                                CARRIED

 

 

 

3.          COMPREHENSIVE ZONING BY-LAW 2008-250:  APPEALS TO THE ONTARIO MUNICIPAL BOARD (URBAN APPEALS – OMB MAY 2010) – 200 KENNEVALE DRIVE AND 155 PREM CIRCLE

 

RÈGLEMENT DE ZONAGE GÉNÉRAL 2008-250 : APPELS INTERJETÉS À LA COMMISSION DES AFFAIRES MUNICIPALES DE L’ONTARIO (APPELS DE LA ZONE URBAINE À LA CAMO – MAI 2010) – 200, PROMENADE KENNEVALE ET 155, CERCLE PREM

 

 

Committee recommendationS AS AMENDED

 

(This matter is Subject to Bill 51)

 

1.      That Council approve the amendments as described in the Details of Recommended Zoning in Document 1, for lands shown in Document 2, to resolve an appeal to By-law 2008-250, and forward a by-law incorporating the required amendments to the Ontario Municipal Board, as amended by making the following revision and addition to Document 1, under Column V - Provisions:

a.      Replace the words “the “h” symbol will not be removed until a site plan control approval agreement has been finalized” with the words “the “h” symbol will expire when a site plan has been approved by the Ontario Municipal Board.”

b.      Add the words “minimum number of parking spaces required: 16”

 

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

 

                                                                                                            CARRIED

 

 

 

4.             ROADWAY MODIFICATIONS APPROVAL PROCESS FOR DEVELOPMENT APPLICATIONS

 

PROCESSUS D’APPROBATION DES MODIFICATIONS DE LA CHAUSSÉE VISANT LES DEMANDES D’AMÉNAGEMENT

 

 

Transportation COMMITTEE AND PLANNING AND ENVIRONMENT COMMITTEE RECOMMENDATIONS

 

That Council approve:

 

1.         That a new Roadway Modifications Approval process be integrated into the development review process, including public notification, for all development applications which require roadway modifications, in keeping with the One Stop Service delivery model endorsed by Council in March 2009; and

 

2.                  That the General Manager, Planning and Growth Management Department be authorized to establish an internal process and timelines such that Roadway Modification Approvals for development applications, are fully integrated into the development review process.

 

                                                                                                            CARRIED

 


 

 

5.          OTTAWA URBAN DESIGN REVIEW PANEL

GROUPE D’EXAMEN DE DESIGN URBAIN D’OTTAWA

 

 

Committee recommendationS

 

That Council:

 

1.         Adopt the following guiding principles to govern the Ottawa Urban Design Review Panel process:

                     Strive to develop a design culture befitting a Nation’s Capital throughout the City of Ottawa;

                     Convey and act upon the Panel’s advice in a transparent and public manner;

                     Ensure timely review of applications within Council-approved timelines.

 

2.         Direct staff to implement the Ottawa Urban Design Review Process for  the Design Priority Areas identified in Section 2.5.1 of Official Plan Amendment No. 76 (Document 1) and require design review by a Design Review Panel for the threshold of development as set out in Document 2 effective September 6, 2010;  

 

3.         Direct staff to bring forward an Official Plan amendment to delete redundant provisions in the primary and secondary Official Plans relating to design review and to repeal Urban Design Review Panel By-law 2005-354 when the Official Plan amendment comes into effect;

 

4.         Direct staff to amend the Site Plan Control By-law to include the requirement to obtain approval of exterior building designs in addition to those plans now required to be approved for development within Design Priority Areas as set out in Document 1 effective September 6, 2010;

 

5.         Direct that City projects in the Design Priority Areas require Design Panel review in accordance with the process set out in this report effective September 6, 2010;

 

6.         Direct that staff recruit Panel membership in accordance with the membership composition and selection process in this report and return to Planning and Environment Committee in July 2010 for Committee's approval of the Panel’s membership.

 

                                                                                                            CARRIED

 

 

 

6.          WATER LOSS CONTROL 2009 SUMMARY REPORT

STRATÉGIE DE CONTRÔLE DES PERTES EN EAU EN 2009

 

 

Committee recommendation

 

That Council receive this report for information.

 

                                                                                                            RECEIVED

 

 

7.          INSTALLATION OF INLET CONTROL DEVICES – STATUS UPDATE

 

INSTALLATION DE DISPOSITIFS DE CONTRÔLE DU DÉBIT – COMPTE RENDU

 

 

 

Committee recommendation

 

That Council approve the implementation of protocols related to the installation of Inlet Control Devices as outlined in this report.

 

                                                                                                            CARRIED

 

 

8.          THERMAL ENERGY (USE OF COLD ENERGY) UPDATE

ÉNERGIE THERMIQUE (UTILISATION DE L’ÉNERGIE FROIDE)

 

 

Committee recommendations AS AMENDED

 

That Council:

 

1.                  Direct staff to expand the Energy Reduction Program to include a strategy that would encourage landowners to pursue thermal energy as an option for future developments when the land is adjacent to an existing or future snow dump facility; and,

 

2.                  Direct staff to include as one of the factors considered as part of their snow dump siting process, the possibility of siting new snow disposal facilities adjacent to or in close proximity to properties that could be used for cooling in the future.

 

                                                                                                            CARRIED

 

 

9.          OMB DECISIONS – POLICY IMPLICATIONS

 

DÉCISIONS DE LA CAMO - RÉPERCUSSIONS SUR LES POLITIQUES

 

 

 

Committee recommendationS

 

That Council approve:

 

1.                  That City staff be directed to provide regular, post mortem debriefings on all future Ontario Municipal Board (OMB) decisions to Planning and Environment Committee or Agriculture and Rural Affairs Committee, as appropriate, with an information report that identifies the rationale for such rulings within a month of the decision.

 

2.                  That, as part of this report and all future debriefings, staff outline any potential changes to City plans, policies and/or procedures to address issues arising from OMB decision in order to minimize the potential for future losses on appeal and to more accurately reflect Council’s direction.

 

                                                                                                            CARRIED

 

PLANNING AND ENVIRONMENT COMMITTEE REPORT 70

 

 

1.          LEASE OF LAND – ENERGY OTTAWA SOLAR PARTNERSHIP

 

BAIL FONCIER – PARTENARIAT EN ÉNERGIE SOLAIRE AVEC ÉNERGIE OTTAWA

 

 

Committee recommendationS AS AMENDED

 

That Council:

 

1.                  Approve an agreement between the City of Ottawa and Energy Ottawa for the development of a Solar Energy Park near the Trail Road Waste Facility, as part of an enhanced partnership with Energy Ottawa as the City’s preferred energy partner;

 

2.                  Declare two parcels of land near the Trail Road Waste Facility, described as:

 

a.                  a portion of 4041 Moodie Drive containing an area of approximately 51.7 acres, and legally described as being CON 4 (RF) PT LOT 5 RP;5R3526 PT OF PT 1 LESS;4R10987 PART; and

 

b.                  a portion of 4022 Trail Road, commonly known as the former Nepean Landfill containing 69.1 acres, and legally described as part of Lot 9, Concession 4, Rideau Front, formerly in the Township of Nepean being surplus to the City’s needs; and

 

3.                  Authorize the City Manager to negotiate and finalize the lease agreement for a period of twenty (20) years for the lands referred to in Recommendation 2 to Energy Ottawa Limited based on the terms and conditions described in this report.

 

4.                  That the Environmental Advisory Committee recommendations be provided to staff for discussion in the negotiations with Energy Ottawa

 

CARRIED with Councillor G. Hunter dissenting.

 

 

TRANSIT COMMITTEE REPORT 38-B (IN-CAMERA)

 

          

1.             GENERAL ACCOUNTS – WRITE-OFFS 2009 – IN CAMERA – SETTLEMENT TO RESOLVE LITIGATION MATTER INCLUDING MATTERS before administrative tribunal AFFECTING THE cITY, – reporting out date:  30 days after final settlement is reached

 

COMPTES GÉNÉRAUX – RADIATIONS POUR 2009 - À HUIS CLOS – RÈGLEMENT EN VUE DE RÉSOUDRE DES QUESTIONS DE CONTENTIEUX Y COMPRIS DES QUESTIONS PORTÉES DEVANT UN TRIBUNAL ADMINISTRATIF ET TOUCHANT LA VILLE – DATE DE COMPTE RENDU : 30 JOURS APRÈS Le règlement final

 

 

That Council receive this report on 2009 general accounts written off, as required by Schedule A, section 21 of the Delegation of Authority By-law 2009-231, for information.

                                                                                                            RECIEVED

 

Note: This report will be made public 30 days after the final settlement is reached. 

 

 


TRANSIT COMMITTEE REPORT 39

 

             

1.             TRANSPLAN 2010 RECOMMENDED SERVICE CHANGES

 

CHANGEMENTS Du SERVICE RECOMMANDÉS dans LE TRANSPLAN 2010

 

 

Committee RecommendationS AS AMENDED

 

That Council receive for information the following changes to the OC Transpo network, for implementation in the fall of 2010, in order to improve service for transit customers:

 

1.         Revise Route 122 to introduce all-day service along North Service Road and a portion of Jeanne d’Arc Boulevard east of Champlain Drive and into Taylor Creek Industrial Park, replacing part of the current Route 130 and all of Route 193;

 

2.         Revise Routes 177 and 171 to introduce new all-day service on Route 177 to accommodate residential growth in Barrhaven South; and

 

3.         Revise Route 184 to operate west of Eagleson Road to provide peak-period service to new residential areas of Kanata South.

 

                                                                                                            CARRIED

 

             

2.             LIFE-TIME TRANSIT PASS FOR VETERANS

 

LAISSEZ-PASSER DE TRANSPORT EN COMMUN À VIE POUR LES ANCIENS COMBATTANTS

 

 

Committee RecommendationS AS AMENDED

 

That Council direct staff to prepare a budget submission for the 2011 City of Ottawa Budget for approval that would provide for free life-time transit passes for World War II and Korean War veterans aged 65 and older; and

 

That the above-noted recommendation be amended to include:

 

(a)        Service in other war zones in addition to those already mentioned - WW II and the Korean conflict; and

 

(b)       Para Transpo services.

 

                                                                                                            CARRIED

 

TRANSPORTATION COMMITTEE REPORT 39

 

    

1.             MINISTRY OF TRANSPORTATION PRESENTATION ON HIGHWAY 417 - BRIDGE REPLACEMENT AT cyrville road

 

PRÉSENTATION DU MINISTÈRE DES TRANSPORTS CONCERNANT L’AUTOROUTE 417 - remplacement du pont au chemin Cyrville

 

 

COMMITTEE RECOMMENDATION AS AMENDED

 

That Council approve that the City urges the Province to maintain all-day lane capacity in both directions on the Queensway during the reconstruction of the Cyrville Road Bridge.

 

                                                                                                            CARRIED

 

 

    

2.             NARROW SIDEWALK - METCALFE STREET

 

TROTTOIR ÉTROIT - RUE METCALFE

 

 

Committee Recommendations

 

That Council request City staff to:

 

1.         Consider removing all street signs from the narrow portion of the East side of Metcalfe Street;

 

2.         Consider widening this sidewalk and possibly adding a bike lane, by either narrowing the four vehicular lanes or by removing the underused Eastern Northbound lane of vehicular traffic; and

 

3.         Report back to the PTAC at a minimum every three months on progress, until the issue is resolved.

 

                                                                                                            CARRIED


 

    

3.             AMENDMENT TO 2010 ROAD RENEWAL PROGRAM

 

MODIFICATION AU PROGRAMME DE REMISE EN ÉTAT DES ROUTES DE 2010

 

 

 

Committee Recommendation

 

That Council approve the recommended changes to the resurfacing program as outlined in this report.

 

                                                                                                            CARRIED

 

 

    

4.             Volunteer parking permit program

 

PROGRAMME DE PERMIS DE STATIONNEMENT POUR LES BÉNÉVOLES

 

 

 

Committee Recommendation

 

That Council approve the Volunteer Parking Permit Program as outlined in this report.

 

                                                                                                            CARRIED

 

 

    

5.             SNOW GO ASSIST PILOT PROGRAM

 

PROGRAMME PILOTE D’AIDE SNOW-GO

 

 

COMMITTEE RECOMMENDATION

 

That Council approve that the Snow Go Assist Pilot Program be permanently integrated into the Snow Go Program.

 

                                                                                                            CARRIED

 


 

    

6.             BURYING HYDRO LINES ON KANATA AVENUE

 

ENFOUISSEMENT DES LIGNES DE TRANSPORT DE L’ÉLECTRICITÉ LE LONG DE L’AVENUE KANATA

 

 

Committee Recommendation

 

That Council approve burying the hydro lines along Kanata Avenue where overhead lines were planned, roughly from the Goulbourn Forced Road to the Richardson Side Road, at an incremental cost of $2.5 million to be funded from debt and repaid through a special service levy against all properties in the Kanata North Ward.

 

CARRIED with Councillor R. Jellett dissenting.

 

 

Disposition of Items Approved by Standing Committees Under Delegated Authority

 

That Council receive the list of items approved by its Standing Committees under Delegated Authority, attached as Document 2.

 

                                                                                                           RECEIVED

 

Motion to Adopt Reports

 

MOTION NO. 90/7

 

Moved by Councillor G. Hunter

Seconded by Councillor R. Jellett

 

That the report from Ottawa Community Housing Corporation entitled “Ottawa Community Housing Corporation Annual Report and Annual General Meeting of the Shareholder”, the report from the City Clerk and Solicitor entitled “Status Update – Council Inquiries and Motions for the Period Ending 12 May 2010”; Community and Protective Services Committee Report 54, Planning and Environment Committee Reports 69 and 70, Transportation Committee Report 39 and Transit Committee Report s 38B (In-Camera) and 39, be received and adopted as amended.

 

                                                                                                            CARRIED

 

 

Motions Requiring Suspension of the Rules of Procedure

 

MOTION NO. 90/8

 

Moved by Councillor P. Hume

Seconded by Councillor J. Harder

 

That the Rules of Procedure be suspended to consider and approve the following motion, as a promotional event with Ottawa Hydro on the Community Power Pledge is planned for May 31, 2010.

 

WHEREAS the Ontario Power Authority is encouraging energy conservation through Power Pledge,  a province-wide energy conservation awareness campaign to encourage Ontarians to take simple conservation actions that will have lasting financial rewards and help fight climate change;

 

WHEREAS The Power Pledge encourages Ontario and Ottawa residents to take on one or more of the six simple, meaningful actions with the primary focus on phantom power, which when reduced can save up to 15 percent on your electricity use;

 

WHEREAS the City of Ottawa and its residents can make a positive change by taking The Power Pledge,

 

WHEREAS on August 11th, over 100 Ontario communities are anticipated to participate in the 2010 The Power Pledge Challenge Day and will be ranked based on the number of pledges as a percentage of their population;

 

THEREFORE BE IT RESOLVED THAT the City of Ottawa take up the challenge and join the other Ontario communities who have taken on the Power Pledge.

 

                                                                                                            CARRIED

 

MOTION NO. 90/9

 

Moved by Councillor M. McRae

Seconded by Councillor C. Leadman

 

That the Rules of Procedure be waived, due to timelines, to consider the following:

WHEREAS the City of Ottawa is committed to promoting green initiatives and technologies that aim to reduce the environmental footprint of municipal operations;

WHEREAS City Council endorsed this commitment by approving the Municipal Green Fleet Plan on September 9th, 2009;

WHEREAS the Municipal Green Fleet Plan aims to reduce the green house gas emissions of fleet operations by implementing a vehicle and equipment policy that favours the purchase of green vehicles;

WHEREAS displaying Green Fleet decals on the vehicles and equipment acquired as a part of the Municipal Green Fleet Plan will aid in promoting the City of Ottawa’s commitment to green initiatives and environmental technologies;

AND WHEREAS the Visual Markings on City Vehicles and Equipment policy requires Council approval for displaying Green Fleet decals on City vehicles and equipment; and,

THEREFORE BE IT RESOLVED that City Council approve the display of Green Fleet decals on all vehicles and equipment acquired under the Municipal Green Fleet Plan.

 

                                                                                                            CARRIED

 

MOTION NO. 90/10

 

Moved by Councillor J. Legendre

Seconded by Councillor P. Hume

 

That the Rules of Procedure be suspended to consider and approve the following motion, so that the letter of approval may be sent to the AGCO in a timely manner.

 

WHEREAS the Alcohol and Gaming Commission of Ontario (AGCO) requires stadium liquor licence applicants to obtain a Council resolution approving the issuance of a Liquor Sales Licence Stadium Endorsement, prior to submitting an application for a stadium endorsement;

 

AND WHEREAS a licensee with a stadium endorsement must obtain approval from the Registrar of the AGCO for the sale and service of liquor in the fixed tiered seating  of the stadium on an event-by-event basis during live entertainment and live sporting events;

 

AND WHEREAS the Ottawa Stadium Group Ltd. (OSG) has leased from the City of Ottawa (City) the lands and premises at 300 Coventry Road, Ottawa, known as the Ottawa Baseball Stadium for a term of one (1) year from March 15, 2010 to March 14, 2011, for use for professional or semi-professional baseball and other events as sanctioned by the City  from time to time;

 

AND WHEREAS OSG has requested that the City approve the issuance of a stadium endorsement for the Ottawa Baseball Stadium;

 

THEREFORE BE IT RESOLVED THAT

 

1.       Council does hereby approve the issuance of a stadium endorsement by the AGCO for a Liquor Sales Licence Stadium Endorsement to the Ottawa Stadium Group Ltd. for the lands and premises known as the Ottawa Baseball Stadium; and

 

2.      The City Clerk and Solicitor is authorized to provide written confirmation to the AGCO of such approval.

 

                                                                                                            CARRIED

 

Direction to Staff

 

That staff be directed to request that the AGCO take whatever measures are necessary to expedite the process.

 

MOTION 90/11

 

Moved by Councillor J. Legendre

Seconded by Councillor D. Holmes

 

THAT the Rules of Procedure be waived, due to timelines, to consider the following motion:

 

WHEREAS staff are recommending that, due to the complexity of the issue, the Lansdowne Partnership and Implementation Plan Report and Related Reports be addressed in a Special Council Meeting sitting as Committee of Whole, to allow for public delegations and focussed debate outside of the regular Council Agenda; and

 

WHEREAS it is currently anticipated that this Special Council Meeting would receive delegations on June 24 and 25, 2010 and begin deliberations on June 28, 2010; and

 

WHEREAS it is also anticipated that Council may need additional time to ask questions that were not anticipated at the tabling of the Reports on June 9, 2010; and

 

WHEREAS City Council, at its meeting of November 12, 13 and 16, 2009, directed the Auditor General to provide Council with a supplementary report on the accuracy of the financial projections and the reasonableness of the assumptions used, to be tabled with the Lansdowne Partnership and Implementation Plan Report on June 9, 2010; and

 

WHEREAS the Auditor General has advised that he will be unable to provide the Supplementary Report until June 17, 2010 due to the timing of his receipt of the staff report;

 

THEREFORE BE IT RESOLVED, following the tabling of the Lansdowne Partnership and Implementation Plan on June 9, 2010, a Special Council Meeting on the Lansdowne Partnership and Implementation Plan and Related Reports be called as follows:

·         June 17, 2010 - Tabling of the Auditor General’s Supplementary Report and Questions on the Lansdowne Partnership and Implementation Plan and Related Reports;

·         June 24 and 25, 2010 – Public Delegations

·         June 28, 2010 – Deliberations.

 

                                                                                                            CARRIED

 

 

MOTION NO. 90/12

 

Moved by Councillor R. Bloess

Seconded by Councillor B. Monette

 

THAT the Rules of Procedure be waived, due to timeliness, to consider and approve the following motion:

 

That Ottawa City Council request that the Province of Ontario petition the Lieutenant Governor to enact Section 7 (2) of the Municipal Statute Law Amendment Act 2006 to come into force as soon as possible so that other municipalities in Ontario are vested with the same statutory powers as the City of Toronto and that this motion be sent to the Association of Municipalities of Ontario (AMO) and area M.P.P.s

 

                                                                                                            CARRIED

 

MOTION NO. 90/13

 

Moved by Councillor J. Legendre

Seconded by Councillor A. Cullen

 

That the Rules of Procedure be suspended to consider the following motion from Councillors Cullen and Feltmate:

 

Moved by Councillor A. Cullen

Seconded by Councillor P. Feltmate

 

WHEREAS, Falun Dafa is a system of mind and body which has ancient historical roots in oriental culture; and

 

WHEREAS, Falun Dafa’s teachings have helped many people improve their health, elevate their mind, uplift their spirit and deepen their understanding of life, humanity and the universe; and

 

WHEREAS, Falun Dafa practitioners practice the principal of Zhen-Shan-Ren (truthfulness, benevolence, forbearance) and incorporate it into their daily lives, striving to become better people in all environments and situations, as well as cultivate their bodies by practicing smooth and tranquil exercises that can improve their overall physical health; and

 

WHEREAS, transcending cultural and racial boundaries, Falun Dafa has touched the lives of countless people in more than 100 countries, including many people in Canada of different ages, professions and racial backgrounds, and

 

WHEREAS, all Falun Dafa activities, including classes and practices are offered by volunteers and are open to the public free of charge; 

 

THEREFORE, Ottawa City Council proclaims June 9, 2010 as Falun Dafa Day in the City of Ottawa, and in issuing this proclamation commend those who take part in these activities to bring healthier physical, mental and spiritual conditions to themselves and others.

 

Pursuant to Subsection 1 (2) of Procedure By-law 2006-462, Suspension of the Rules of Procedure LOST on a division of 13 YEAS to 7 NAYS (15 votes required) as follows:

 

YEAS (13):     Councillors D. Holmes, M. Wilkinson, J. Legendre, P. Feltmate, R. Bloess, M. Bellemare, C. Leadman, R. Chiarelli, A. Cullen, S. Desroches, G. Bédard, D. Deans and G. Hunter.

 

NAYS (7):      Councillors E. El-Chantiry, D. Thompson, C. Doucet, S. Qadri, B. Monette, R. Jellett and Mayor O’Brien.

 

Suspension of the Rules of Procedure having LOST, Councillor Cullen advised of his intent to file this as a Notice of Motion.


Notices of Motion (For Consideration at Subsequent Meeting)

 

MOTION

 

Moved by Councillor A. Cullen

Seconded by Councillor P. Feltmate

 

WHEREAS, Falun Dafa is a system of mind and body which has ancient historical roots in oriental culture; and

 

WHEREAS, Falun Dafa’s teachings have helped many people improve their health, elevate their mind, uplift their spirit and deepen their understanding of life, humanity and the universe; and

 

WHEREAS, Falun Dafa practitioners practice the principal of Zhen-Shan-Ren (truthfulness, benevolence, forbearance) and incorporate it into their daily lives, striving to become better people in all environments and situations, as well as cultivate their bodies by practicing smooth and tranquil exercises that can improve their overall physical health; and

 

WHEREAS, transcending cultural and racial boundaries, Falun Dafa has touched the lives of countless people in more than 100 countries, including many people in Canada of different ages, professions and racial backgrounds, and

 

WHEREAS, all Falun Dafa activities, including classes and practices are offered by volunteers and are open to the public free of charge; 

 

THEREFORE, Ottawa City Council proclaims June 9, 2010 as Falun Dafa Day in the City of Ottawa, and in issuing this proclamation commend those who take part in these activities to bring healthier physical, mental and spiritual conditions to themselves and others.

 

MOTION

 

Moved by Councillor C. Doucet

Seconded by Councillor D. Deans

 

WHEREAS by protocol all staff reports and communications which alter Council motions or directions are to be provided to Council prior to their release to the media or the public at large;

 

WHEREAS this protocol is only an observed business practice and therefore has no established timelines under which Councillors’ can expect to receive staff reports prior to their release to the public and/or media;

 

WHEREAS there are no consequences for non-compliance to the protocol;

 

THEREFORE BE IT RESOLVED that Council direct staff to develop a policy that clearly defines the timeline within which Councillors can expect to receive staff reports and communications that alter Council motions or directions prior to their release to the public and/or media, and that the policy specifies the manner in which such information is released to Members of Council;

 

THEREFORE BE IT FURTHER RESOLVED that Council direct staff to include a defined set of consequences for non-compliance to this policy.

 

 

By-laws                                                                                                           Three Readings

MOTION NO. 90/14

 

Moved by Councillor A. Cullen

Seconded by Councillor G. Hunter

 

That the following by-laws be enacted and passed.

 

2010 - 178              A by-law of the City of Ottawa to establish certain lands as common and public highway and assume them for public use.

 

2010 - 179              A by-law of the City of Ottawa to close part of Bren Maur Road.

 

2010 - 180              A by-law of the City of Ottawa to impose special annual drainage rates upon land in respect of which money is borrowed under the Tile Drainage Act.

 

2010 - 181              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.

 

2010 - 182              A by-law of the City of Ottawa to amend By-law No. 2008-250 of the City of Ottawa to change the zoning provisions of lands known municipally as 187 Metcalfe Street.

 

2010 - 183              A by-law of the City of Ottawa to amend By-law No. 2008-250 of the City of Ottawa to change the zoning of lands known municipally as 80 Florence Street.

 

2010 - 184              A by-law of the City of Ottawa to amend By-law No. 2002-189 respecting the regulating, licensing and governing of rural refreshment vehicles, rural mobile canteens and rural refreshment stands in the City of Ottawa to correct a typographical error.

 

2010 - 185              A by-law of the City of Ottawa to designate certain lands at Fletcher Circle and Torbec Avenue as being exempt from Part Lot Control.

 

2010 - 186              A by-law of the City of Ottawa to designate certain lands at Badgeley Avenue and Remnor Avenue as being exempt from Part Lot Control.

 

2010 - 187              A by-law of the City of Ottawa to designate certain lands at Talltree Crescent as being exempt from Part Lot Control.

 

2010 - 188              A by-law of the City of Ottawa to close the untravelled portion of Leo Lane.

 

2010 - 189              A by-law of the City of Ottawa to amend By-law No. 2008-250 of the City of Ottawa to change the zoning of lands known municipally as 5211 Barnsdale Road.

 

2010 - 190              A by-law of the City of Ottawa to amend the Official Plan for the City of Ottawa, as amended by Official Plan Amendment No. 76, to exempt the lands known municipally as 1175 Manotick Station Road from certain policies.

 

                                                                                                            CARRIED

Confirmation By-law

 

MOTION NO. 90/15

 

Moved by Councillor A. Cullen

Seconded by Councillor G. Hunter

 

THAT By-law 2010-191 to confirm the proceedings of Council be enacted and passed.

 

                                                                                                            CARRIED

 

 

Inquiries

 

From Councillor C. Doucet regarding the Direction to the Front Lawn Design Competition Teams to relocate the Horticulture Building at Lansdowne Park.

 


Adjournment

 

Council adjourned the meeting at 2:30 p.m.

 

 

 

 

 

 

 

 

 

CITY CLERK

 

MAYOR