OTTAWA CITY COUNCIL

14 September 2011

ANDREW S. HAYDON HALL

10:00 a.m.

 

DISPOSITION 19

 

 

COMMITTEE REPORTS

 

AGRICULTURE AND RURAL AFFAIRS COMMITTEE REPORT 10

 

 

1.                   ZONING - PART OF 130 DAVID MANCHESTER ROAD

 

ZONAGE – partie du 130, chemin david-manchester

 

 

COMMITTEE RECOMMENDATION AS AMENDED

 

That Council approve an amendment to Zoning By-law 2008-250 to change the zoning of part of 130 David Manchester Road to permit warehouse and retail uses.

 

CARRIED

 

 

 

2.                   Appointments to the mississippi valley conservation authority, rideau valley conservation authority and south nation conservation authority

 

nominations ŕ l’office de protection de la nature de la vallée mississippi, ŕ l’office de protection de la nature de la vallée rideau et ŕ l’office de protection de la nature de la rivičre NATION-sud

 

 

COMMITTEE RECOMMENDATIONS

 

Further to deliberations of the Selection Panels, that Council approve:


 

1.                  The appointment of the following individuals to the Rideau Valley Conservation Authority, with terms to expire 30 November 2014.

·         Ed Hand, voting member

·         Magda Kubasiewicz, voting member

·         Steve Curtis, voting member

·         Tom Bursey, reserve 1

·         Tom Scott, reserve 2

 

2.                  The appointment of the following individuals to the Mississippi Valley Conservation Authority, with terms to expire 30 November 2014.

·         John Karau, voting member

·         Peter Johnson, reserve member

 

3.                  The appointment of the following individuals to the South Nation Conservation Authority, with terms to expire 30 November 2014.

·         Michael Brown, voting member

·         Murray Inch, reserve member

 

CARRIED

 

 

 

3.                   Zoning – Part of 1212 Donald B. Munro Drive

 

ZONAGE - partie du 1212, promenade donald b. munro

 

 

COMMITTEE RECOMMENDATION

 

That Council approve an amendment to Zoning By-law 2008-250 to change the zoning of part of 1212 Donald B. Munro Drive from AG (Agricultural) to AG5 (Agricultural, Subzone 5), as shown in Document 1.

 

CARRIED

 


 

 

4.                   ZONING – part of 6622 Bank Street

 

ZONAGE – partie du 6622, rue bank

 

 

COMMITTEE RECOMMENDATION

 

That Council approve an amendment to the Zoning By-law 2008-250 to change the zoning of a part of 6622 Bank Street from RH3[21r] to RH3[XXXr]-h and RH3[XXYr]-h, as shown on Document 1 and as detailed in Document 2.

 

CARRIED

 

 

 

5.                   ZONING – Part of 7606 (7626) Bank street

 

ZONAGE – 7606 (7626), rue bank

 

 

COMMITTEE RECOMMENDATION

 

That Council approve an amendment to the Zoning By-law 2008-250 to change the zoning of 7606 (7626) Bank Street from AG (Agricultural) to AG5 zone (Agricultural, Subzone 5).

 

CARRIED

 

 

 

6.                   ZONING – Part of 3039 River Road (5210 Cabin Road)

 

ZONAGE – Partie du 3039, chemin River (5210, chemin Cabin)

 

 

COMMITTEE RECOMMENDATION

 

That Council approve an amendment to the Zoning By-law 2008-250 to change the zoning of 3039 River Road (5210 Cabin Road) from AG2 (Agricultural, Subzone 2) to AG6 zone (Agricultural, Subzone 6).

 

CARRIED

 


 

 

7.                   ZONING – 1626 Old Prescott Road

 

ZONAGE - 1626, chemin old prescott

 

 

COMMITTEE RECOMMENDATION

 

That Council approve an amendment to the Zoning By-law 2008-250 to change the zoning of a portion of 1626 Old Prescott Road from Development Reserve Subzone 1 (DR1) to Village Residential First Density Subzone D (V1D) as shown in Document 1.

 

CARRIED

 

 

 

8.                   Country lots and villages ONTARIO MUNICIPAL BOARD HEARING - PROPOSED OFFICIAL PLAN MODIFICATIONS

 

Audience de la commission des affaires municipale de l’ontario sur les terrains ruraux et les villages – Changements proposés au Plan offiCiel

 

 

COMMITTEE RECOMMENDATION

 

That Council endorse the modifications to Official Plan Amendment No. 76 as set out in Document 1.

 

CARRIED

 

 

 

9.                   RURAL COMMUNITY BUILDING GRANTS PROGRAM

 

PROGRAMME DE SUBVENTIONs POUR LE RENFORCEMENT COMMUNAUTAIR EN MILIEU RURAL

 

 

COMMITTEE RECOMMENDATION

 

That Council approve the City of Ottawa Rural Affairs Office “Rural Community-Building Grants Program Policy”, detailed as Document 1.

 

CARRIED

 

 

 

10.          KINBURN SEVERANCES

 

MORCELLEMENTS DES TERRES AU KINBURN

 

 

COMMITTEE RECOMMENDATIONS

 

That Council:

 

1.         Direct the Planning and Growth Management Department to develop a set of guidelines for the preparation and assessment of hydro-geological and terrain analysis for consideration by Agriculture and Rural Affairs Committee and Council by the second quarter of 2012, and;

 

2.         Approve that the preparation of these guidelines be undertaken concurrently with the rural review, and is to include input from a variety of stakeholders including rural residents, developers, engineers and hydrogeologists.

 

CARRIED

 

 

FINANCE AND ECONOMIC DEVELOPMENT COMMITTEE REPORT 11

 

 

1.                   e-mail retention REVIEW

 

Examen relatif ŕ la conservation des courriels

 

 

COMMITTEE RECOMMENDATION

 

That Council receive this report for information.

 

RECEIVED

 


 

 

2.                   Granting Network Access to NON-STANDARD devices

 

Accčs au réseau autorisé pour les appareils hors normes

 

 

COMMITTEE RECOMMENDATION

 

That Council receive this report for information.

 

RECEIVED

 

 

 

3.                   policy on SEEKING legal costs - REVIEW

 

politique sur Le recouvrement des frais judiciaires – Examen

 

 

COMMITTEE RECOMMENDATION

 

That City Council repeal the City’s Policy on Seeking Legal Costs.

 

CARRIED

 

 

 

4.                   2012 Proposed Budget process and Timetable

 

Processus et calendrier proposés pour le Budget de 2012

 

 

COMMITTEE RECOMMENDATION

 

That Council approve the process and timetable for developing and approving the 2012 budget, as outlined in this report.

 

CARRIED as amended by the following Motion:

 


MOTION

 

Moved by Councillor S. Desroches

Seconded by Councillor E. El-Chantiry

 

WHEREAS Document 1 of the Finance Economic Development Committee Report 11, Item 4, “2012 Proposed Budget Process and Timetable,” outlined four budget consultation meetings to be held from November 1 to November 4 and set the Ottawa Board of Health’s consultation meeting for November 21; and

 

WHEREAS there is a need to amend dates due to logistical considerations;

 

THEREFORE BE IT RESOLVED that the Budget Consultation Meetings outlined in Document 1 be amended as follows:

 

East – November 1, 7 to 9 p.m. – Shenkman Arts Centre, Richcraft Theatre

West – November 2, 7:30 to 9:30 p.m. – Holy Trinity Catholic High School, Cafetorium

South – November 3, 7 to 9 p.m. – Walter Baker Sports Centre, Food Court or the Nepean Sportsplex, if it’s available

Central – November 4, 4 to 6 p.m. – City Hall, Council Chamber

 

AND BE IT FURTHER RESOLVED that the Committee/Boards/Commission meetings outlined in Document 1 be amended as follows:

 

Ottawa Board of Health – October 17 Mon

 

CARRIED

 


PLANNING COMMITTEE REPORT 15

 

 

1.             ZONING – 3505 STRANDHERD DRIVE

 

ZONAGE - 3505, PROMENADE STRANDHERD

 

 

Committee recommendation

 

(This matter is Subject to Bill 51)

 

That Council approve an amendment to Zoning By-law 2008-250 to change the zoning on a portion of 3505 Strandherd Drive from Residential Third Density Zone, Subzone Z (R3Z) to Residential Fourth Density Zone, Subzone Z with Exception 1625 (R4Z[1625]) and Residential Fourth Density Zone, Subzone Z with Exception XXXX (R4Z[XXXX]) and Residential Third Density Zone, Subzone Q with Exception XXXX (R3Q[XXXX]) as detailed in Document 2 and as shown in Document 1.

 

CARRIED

 

 

Disposition of Items Approved by Committees under Delegated Authority

 

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

 

RECEIVED

 

 

Motions of which Notice has been Given Previously

 

MOTION

 

Moved by Councillor S. Desroches

Seconded by Councillor A. Hubley

 

WHEREAS section 37 of the Purchasing By-law addresses unsatisfactory supplier performance in terms of failure to meet contract specifications, terms and conditions or for Health and Safety violations; and

 

WHEREAS the City Treasurer may, in consultation with the City Clerk and Solicitor, prohibit an unsatisfactory supplier from bidding on future contracts; and

 

WHEREAS there is a concern that unsatisfactory suppliers who may be prohibited from bidding on City contracts may attempt to circumvent the prohibition by bidding under a different legal name; and

 

WHEREAS in order to prevent unsatisfactory suppliers from circumventing the bidding prohibition, it is necessary to amend section 37 of the Purchasing By-law;

 

THERFORE BE IT RESOLVED that section 37 of the Purchasing By-law be amended to read as follows:

 

            “SUPPLIER PERFORMANCE

 

37. (1)        The Director shall document evidence and advise Supply Branch in writing where the performance of a supplier has been unsatisfactory in terms of failure to meet contract specifications, terms and conditions or for Health and Safety violations.

 

(2)        The City Treasurer may, in consultation with the City Solicitor, prohibit an unsatisfactory supplier from bidding on future contracts.

 

(3)        For the purposes of this section, the term “supplier” shall mean a supplier of goods and/or services and any principal, director or officer of that supplier, bidding directly for City contracts, or indirectly through another legal entity.

 

DEFERRED by the following Motion:

 

MOTION

 

Moved by Councillor S. Desroches

Seconded by Councillor A. Hubley

 

WHEREAS industry representatives have requested a meeting with staff on the proposed amendment to better understand the proposal, with the goal being to ensure the definition as proposed will not cause unintended operational issues for the City, and have offered suggestions on how to strengthen the city’s policy and ensure that the industry is consistently meeting the high standards of the City;

 

THEREFORE BE IT RESOLVED that the motion to amend section 37 of the Purchasing By-law be deferred to the next Council meeting.

 

DEFERRAL CARRIED

 

 

MOTION

 

Moved by Councillor S. Blais

Seconded by Councillor S. Moffatt

 

WHEREAS, according to the Government of Ontario, second-hand smoke contains over 4,000 toxins (poisonous chemicals that are harmful to the body), 50 of which are known to cause cancer; and

 

WHEREAS exposure to second-hand smoke causes children to suffer more frequent ear infections and lung problems, including coughing, wheezing, bronchitis, croup, and even asthma and pneumonia; and

 

WHEREAS, according to statistics quoted by the Heart and Stroke Foundation of Ontario, approximately 6,300 non-smokers die each year from exposure to second-hand smoke; and

 

WHEREAS every resident, including children, people with respiratory illnesses and tourists should be able to enjoy Ottawa’s summer without the threats posed by second-hand smoke; and

 

WHEREAS the City of Ottawa showed leadership ten years ago by passing two smoke free Ottawa by-laws for both workplaces and public places; and

 

WHEREAS the Smoke-Free Ontario Act establishes a minimum standard applicable across the Province, thereby allowing municipalities the ability to pass more restrictive by-laws; and

 

WHEREAS staff have indicated that the work for an update to these by-laws can be accommodated within existing resources;

 

THEREFORE BE IT RESOLVED that City Council request that the Ottawa Board of Health review and report back on the public health value of the City of Ottawa becoming completely smoke-free at public beaches and parks and all outdoor patios and terraces prior to 8 p.m., including any related recommendations they would make regarding an update in this regard to the City of Ottawa’s smoke free by-laws; and

 

BE IT FURTHER RESOLVED that City Council request that the Ottawa Board of Health include options in this report that would designate playground areas within a park to be smoke free and that would designate a specific portion of a beach as a smoking area with disposal containers, and that business operators be fully engaged as part of the development of recommended changes to the smoke free by-law relating to patios; and

 

BE IT FURTHER RESOLVED that the Board of Health be requested to include the regulation of Shisha establishments as part of their review of the smoke-free by-law; and

 

BE IT FURTHER RESOLVED that, subject to the Board of Health’s approval of Council’s request, By-law and Regulatory Services work with Ottawa Public Health on a recommended update to Ottawa’s smoke-free by-laws based on the results of the review listed above and including any operational and enforcement considerations; and report back to Community and Protective Services Committee and Council in time to be implemented prior to Spring 2012.

 

CARRIED

 

 

MOTION

 

Moved by Councillor M. McRae

Seconded by Mayor J. Watson

 

WHEREAS the recently approved Term of Council Priorities and Objectives identifies Environmental Stewardship as a Strategic Priority that includes a focus on long-term sustainability and reducing the city’s environmental footprint; and

 

WHEREAS the City of Ottawa is committed to moving forward on renewable energy, and air quality issues; and

 

WHEREAS Enbridge Inc. is intending to make an application to the Ontario Energy Board to permit a program by which biomethane (Renewable Natural Gas) can be accepted directly into their pipeline system; and

 

WHEREAS this utilization of methane, as opposed to discharge to the atmosphere, will reduce the discharge of harmful pollutants to the environment;

 

THEREFORE BE IT RESOLVED that the City of Ottawa endorses in principle this initiative and encourages the Ontario Energy Board to give it careful review.

 

CARRIED

 

 


Notices of Motion (For Consideration at Subsequent Meeting)

 

MOTION

 

Moved by Councillor P. Clark

Seconded by Mayor J. Watson

 

WHEREAS in the late 1990’s, the elementary school at 200 Crichton Street in Ward 13 (the “Property’) was scheduled to be closed by the School Board (the “Board”) and,  due to the historic value of the heritage building to the community, a group known as the “Friends of Crichton”, subsequently incorporated as a non-profit organization under the name of Crichton Cultural Community Centre (the”4Cs”) was formed in an effort to save the Property and ensure it remained available for community use; and

 

WHEREAS The School of Dance (“TSOD was looking for new premises where it could offer dance programs and both organizations sought financial assistance from the former Regional Municipality of Ottawa-Carleton in order to purchase the Property from the Board; and

 

WHEREAS it was ultimately agreed that TSOD would become the owner of the Property and that certain portions of the building would be made available to the 4Cs on a continuous basis; and

 

WHEREAS in 2001, the City of Ottawa provided $250,000 to TSOD on behalf of the Crichton Cultural Community Centre (4Cs) to buy the Property so that the latter group would have a beneficial interest in and access to the Property to provide community programming; and

 

WHEREAS the TSOD, the 4Cs and the City of Ottawa signed a Tri-Partite Agreement, which set out clear conditions on the use of the grant and establishing that the City would receive its $250,000 contribution should the building be sold; and

 

WHEREAS, since their early cohabitation of the Property, there have been ongoing disputes between TSOD and the 4Cs and that the City, in an attempt to protect its interest in the Property, attempted mediation on a number of occasions in an effort to resolve these issues;  and

 

WHEREAS mediation was not successful and these continuing disputes ultimately led to litigation and legal proceedings; and

 

WHEREAS on March 29th, 2011, an interim order was issued directing the judicial sale of the Property, which sale took place on August 31st, 2011;

 

THEREFORE BE IT RESOLVED THAT the proceeds from the sale being remitted to the City, being $250,000, the value of the original grant, be made available to the Crichton Cultural Community Centre for the purchase of a facility, at the time of the purchase, to operate similar programming in Ward 13; and

 

BE IT FURTHER RESOLVED THAT the grant be conditional on the agreement that the City will be remitted its full value should the new facility be sold.

 

 

MOTION

 

Moved by Councillor M. McRae

Seconded by Councillor S. Moffatt

 

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

 

AND WHEREAS the residential dwelling unit located at 949 Cavan Street in the River Ward 16 was destroyed by fire in April 2011 and the owner tragically killed in the fire;

 

AND WHEREAS the process associated with remediating or disposing of destroyed property involved investigations by both the Fire Marshall and the Police Services, insurance claims settlement, among other things, and the building was recently released to the deceased owner’s family and estate;

 

AND WHEREAS the family and estate are in the process of preparing to submit a building permit application to reconstruct the building and in the interim wish to demolish the damaged building to the foundation pending resolution of the insurance claims process and preparations of the plans and documents for a building permit;

 

AND WHEREAS although the building has been secured and a property management firm monitors the property, there have been break-ins and illegal dumping on the property, which has increased the hardships experienced by the bereaved family;

 

AND WHEREAS the Ward Councillor has indicated her support for exempting this property from the requirements of the Demolition Control By-law;

 

BE IT RESOLVED THAT 949 Cavan Street be exempted from the requirements set out in the Demolition Control By-law in order to enable the demolition of the building to its foundation on the condition that the estate: (1)  submits a building permit application for the reconstruction of the building no later than March 30, 2012, (2) ensures the seeding, sodding and maintenance of the property,  and (3) does  not use the property for any other interim use.

MOTION

 

Moved by Councillor R. Bloess

Seconded by Councillor B. Monette

 

WHEREAS the City of Ottawa is the sole shareholder of Hydro Ottawa Holding Inc. which provides electricity to more than 296,000 residential and business customers in the City as well as the village of Casselman, and

 

WHEREAS, in 2009, Hydro One Networks Inc. successfully applied to the Ontario Energy Board for an order granting Hydro One leave to sell certain distribution system assets located within Hydro Ottawa’s service area to Hydro Ottawa Limited (“Hydro Ottawa”), and

 

WHEREAS the proposed transaction was promoted as one which would enable Hydro Ottawa to improve operational flexibility and reliability while not adversely affect the safety, reliability, quality of service or operational flexibility for other customers of Hydro One, and

 

WHEREAS local MPP Phil McNeely, in spite of the provincial government’s recent imposition of significant additional energy taxes, has declared himself to be a proponent of “fair hydro prices for all residents” and promised in 2002 that he himself would oversee the transfer of Hydro One customers with the stroke of a pen to Hydro Ottawa to facilitate the provision of better and less costly service for these customers, and

 

WHEREAS the HST and various levies and charges are causing financial hardship to many residents,

 

BE IT RESOLVED THAT these Hydro One customers be transferred to Hydro Ottawa at no cost in accordance with Mr. McNeely's promise of eight years ago.

 

 

MOTION

 

Moved by Councillor B. Monette

Seconded by Councillor R. Bloess

 

WHEREAS Route 174, formerly the Provincial Highway 17, was downloaded on the Regional Municipality of Ottawa-Carleton in 1998; and

 

WHEREAS the transfer of funding to the Regional Municipality of Ottawa-Carleton is considerably less than what it costs to maintain this Highway; and

 

WHEREAS this Highway serves more than just the local population; and

 

WHEREAS local MPPs have previously indicated a desire to repatriate this Highway but have failed to complete the transaction;

 

THEREFORE BE IT RESOLVED that the City of Ottawa upload full responsibilities and obligations of Highway 174 to the Province of Ontario.

 

 

MOTION

 

Moved by Councillor S. Desroches

Seconded by Councillor A. Hubley

 

WHEREAS the City of Ottawa is moving forward with the Ottawa Light Rail Transit (OLRT) project; and

 

WHEREAS the OLRT construction project will generate significant economic opportunities in many sectors, including construction, professional services, technology; and

 

WHEREAS Ottawa's local private sector expertise could be engaged with the OLRT construction project;

 

WHEREAS trade laws do not permit the City to specify or mandate the inclusion of local companies in the construction project, and there are procurement guidelines that must be adhered to; and

 

WHEREAS the City of Ottawa has the ability to play a leadership role in promoting local business participation and local employment in this $2.1 billion project within procurement guidelines and international trade regulations; and

 

THEREFORE BE IT RESOLVED that the City of Ottawa  work with Invest Ottawa (OCRI), and Chambers of Commerce develop a strategy to promote employment opportunities and sub-contract opportunities for the Ottawa Light Rail Transit (OLRT) project to local companies; and

 

BE IT FURTHER RESOLVED that the City hosts an OLRT Trade Show whereby proponents who have been shortlisted through the Request for Qualification (RFQ) can interact and engage with local businesses, local trade schools, colleges and universities; and

 

BE IT FURTHER RESOLVED that the Rail Implementation Office report to Council on the actual local job creation and sub-contract awards.

 

 


By-laws                                                                                    Three Readings

 

2011-314                  A by-law of the City of Ottawa to establish certain lands as common and public highway and assume them for public use (Greenbriar Avenue).

 

2011-315                  A by-law of the City of Ottawa to impose special annual drainage rates upon lands in respect of which money is borrowed under the Tile Drainage Act.

 

2011-316                  A by-law of the City of Ottawa to establish certain lands as common and public highway and assume them for public use (Salisbury Street).

 

2011-317                  A by-law of the City of Ottawa to levy an annual amount upon public hospitals or provincial mental health facilities for the year 2011.

 

2011-318                  A by-law of the City of Ottawa to levy an annual amount upon Ottawa Carleton Detention Centre for the year 2011.

 

2011-319                  A by-law of the City of Ottawa to levy an annual amount upon provincial education institutions for the year 2011.

 

2011-320                  A by-law of the City of Ottawa to levy an annual tax upon colleges and universities for the year 2011.

 

2011-321                  A by-law of the City of Ottawa to establish certain lands as common and public highway and assume them for public use (Trudeau Avenue, Farisita Drive).

 

2011-322                  A by-law of the City of Ottawa to establish certain lands as common and public highway and assume them for public use (Centrum Boulevard).

 

2011-323                  A by-law of the City of Ottawa to establish certain lands as common and public highway and assume them for public use (O’Neil Road).

 

2011-324                  A by-law of the City of Ottawa to establish certain lands as common and public highway and assume them for public use (Rosebella Avenue).

 

2011-325                  A by-law of the City of Ottawa to designate certain lands on 200, 202, 204 and 206 Waymark Crescent as being exempt from Part Lot Control.

 

2011-326                  A by-law of the City of Ottawa to designate certain lands on 570 to 580 Athlone Avenue as being exempt from Part Lot Control.

 

2011-327                  A by-law of the City of Ottawa to designate certain lands on 1398 to 1511 Comfrey Crescent as being exempt from Part Lot Control.

 

2011-328                  A by-law of the City of Ottawa to designate certain lands at 5271 Fernbank Road as being exempt from Part Lot Control.

 

2011-329                  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 part of the lands known municipally as 6622 Bank Street.

 

2011-330                  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 part of the lands known municipally as 130 David Manchester Road.

 

2011-331                  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 part of the lands known municipally as 1212 Donald B. Munro Drive.

 

2011-332                  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 part of the lands known municipally as 7606 Bank Street.

 

2011-333                  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.

 

2011-334                  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 part of 3039 River Road.

 

2011-335                  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 part of the lands known municipally as 1626 Old Prescott Road.

 

2011-336                  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 part of the lands known municipally as 3505 Strandherd Drive.

 

CARRIED