OTTAWA CITY COUNCIL
28 SEPTEMBER
2011
ANDREW S. HAYDON HALL
10:00 a.m.
AGENDA 20
1. Prayer
2.
National Anthem (Councillor R. Bloess)
3.
Announcements/Ceremonial Activities
· Recognition – City Builder Award
· Recognition – Governor General’s Certificate of Commendation
· Recognition – Chinatown Gateway
4. Roll Call
5. Confirmation
of Minutes
Confirmation
of the Minutes of the regular meeting of 14 September 2011.
6. Declarations of interest
including those originally arising from prior meetings
7. Communications
·
Association of Municipalities of Ontario (AMO):
·
Election
Platform Commitments
·
Provincial
Election 2011 – Municipal Forums
·
AMO’s 2011 Ontario Election Weekly Roundup –
News from the Hustings for
Municipalities and Party Commitments to AMO’s Top 12 Asks
· Received from the Ontario Progressive Conservative Party
· Election platform [Change Book]
·
Petition containing 364 signatures opposing the zoning by-law amendment
proposal concerning 55 MacKay Street in the New Edinburgh Heritage District. (Submitted
in relation to the “Zoning – 55 Mackay Street” (File No. D02-02-11-047) item
considered by the Planning Committee Meeting at their meeting of 13 September
2011. Reference Planning Committee Report 15A, Item 5)
8. Regrets
No regrets filed to date.
9. Postponements and Deferrals
CITY COUNCIL – 14 SEPTEMBER 2011
MOTION NO. 19/4
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.
MOTION NO. 19/5
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
10. Motion to Introduce Reports
(Councillors D. Chernushenko and
M. Wilkinson)
COMMITTEE REPORTS
COMMUNITY AND PROTECTIVE SERVICES COMMITTEE REPORT 8
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2. rEGulation of
private parking ENFORCeMENT AGENCIES RÈGLEMENT SUR LES AGENCES DE CONTRÔLE DU
STATIONNEMENT SUR LES PROPRIÉTÉS PRIVÉES |
COMMITTEE RECOMMENDATIONS
That Council approve:
1.
Amendments to the Licensing By-law (By-law
No. 2002-189, as amended), as detailed in Document 1, to establish regulations
for the licensing and regulating of private parking enforcement agencies, including
provisions that will allow for cost-recovery for eligible licensees and for
delegated authority to staff to amend the threshold of Parking Infraction
Notices required to be issued by licensees eligible for cost-recovery;
2.
For consistency
with the proposed licensing schedule, an amendment to Section 21(1) of Schedule
“B” to the Delegation of Authority By-law (By-law No. 2011-28, as amended)
which relates to similar cost recovery agreements with educational or health
agencies or institutions, to provide that a minimum of 2,600 Parking Infraction
Notices are required to be issued annually on the property by deputized
personnel, as a condition of eligibility for revenue sharing.
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3. review of taxi cost index and industry request for TAxi fare
increase EXAMEN DE L’INDICE DES COÛTS DES TAXIS ET DEMANDE
DE L’INDUSTRIE VISANT À AUGMENTER LES TARIFS DE TAXI |
COMMITTEE RECOMMENDATIONS
AS AMENDED
That Council
approve the following amendments to the Taxi By-law (By-law No. 2005-481, as
amended):
1. A 0% taxi
meter rate increase for 2011; and
2. An adjustment to the Taxi Cost Index, as proposed in Document 2.
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4. COMMUNITY PARTNERSHIP
MAJOR CAPITAL PROGRAM SUMMARY OF FUNDING ALLOCATIONS 2011 PROGRAMME DE PARTENARIATS COMMUNAUTAIRES POUR LES
GRANDS PROJETS D’IMMOBILISATIONS – SOMMAIRE DE L’ATTRIBUTION DES
FONDS POUR 2011 |
COMMITTEE RECOMMENDATION
That Council approve the listing of projects as detailed in Document 1.
ENVIRONMENT COMMITTEE REPORT 9
COMMITTEE RECOMMENDATION
That Council receive the 2010 Drinking Water Quality Management System
Annual Report.
2. Ottawa
River Action Plan – Year One Update
Le plan d’action de la
rivière des OutaouAis - Mise à jour de la première année
COMMITTEE RECOMMENDATION
That Council receive this report for information.
PLANNING COMMITTEE REPORT 15A
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4. ZONING
– 265 CATHERINE STREET ZONAGE – 265, RUE CATHERINE |
COMMITTEE MEETING
INFORMATION
Delegations: Three – one in support, two in partial opposition
Debate: Approximately 1/2 hour was spent in discussion and debate on this item.
Vote: The report was CARRIED, as amended.
Position of Ward Councillor: Councillor Holmes was in support.
Position of Advisory Committee: N/A
Committee
recommendation AS AMENDED
(This matter is
Subject to Bill 51)
That Council
approve an amendment to Zoning By‑law 2008-250 to change the zoning of
265 Catherine Street, as shown on Document 1, from T2A (Ground Transportation
Facility Zone) to GM [xxxx] (yyy) (General Mixed Use Zone [xxxx] S(yyy)) as detailed in Documents 2 and 3; and that the following changes be made to
the details of the recommended zoning contained in Document 3 of the staff
report:
Add the following statement:
In column III the text:
·
bus
station
Add the following to the existing column
V changes:
vi. Notwithstanding the above, a bus
station must comply with the provisions of Table 210, Column I of the T2 zone.
That there
be no further notice pursuant to Section 34 (17) of the Planning Act.
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5. ZONING
– 55 MACKAY STREET ZONAGE – 55, RUE MACKAY |
COMMITTEE MEETING
INFORMATION
Delegations: 15 - 3 in support and 12 in opposition.
Debate: Approximately 2 hours were spent in discussion and debate on this item.
Vote: The report was CARRIED.
Position of Ward Councillor: Councillor Clark was in support
Position of Advisory Committee: N/A
Committee
recommendation
(This matter is
Subject to Bill 51)
That Council
approve an amendment to Zoning By‑law 2008-250 to change the zoning of 55
MacKay Street from R4S[900] to R4S[XXXX] as shown on Document 1 and as detailed
in Document 2.
PLANNING COMMITTEE REPORT 16
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1. DELETION
OF SIDEWALK REQUIREMENT ON RIVER LANDING AVENUE IN HALF MOON BAY SUPPRESSION DE
L’OBLIGATION D’AMÉNAGER UN TROTTOIR SUR L’AVENUE RIVER LANDING DANS LE
SECTEUR DE HALF MOON BAY |
Committee
recommendation
(This matter is
Subject to Bill 51)
That Council
approve the deletion of the requirement for Mattamy to construct the sidewalk
on River Landing Avenue in Subdivision Plan 4M-1428, Half Moon Bay.
11. Bulk Consent Agenda
That
Council approve the Bulk Consent Agenda attached as Document 1.
12. 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.
13. Motion
to Adopt Reports
(Councillors D. Chernushenko and
M. Wilkinson)
14. Motions of Which Notice has been Given
Previously
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;
THEREFORE 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,
THEREFORE 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.
15. Notices
of Motion (For Consideration at Subsequent Meeting)
16. Motion
to Introduce By-laws Three Readings
(Councillors D. Chernushenko and
M. Wilkinson)
a)
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.
b)
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 280 Herzberg Road.
c)
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 306 Cyr Avenue.
d)
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 409 and 411 Preston Street.
e)
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 265 Catherine Street.
f)
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 55 MacKay Street.
g)
A by-law of the City of Ottawa to designate
certain lands on 1, 4, 8, 9, 11, 12, 16, 18, 19, 21, 22, 24, 25, 26, 30, 33,
34, 42, 46 and 73 Madelon Drive as being exempt from Part Lot Control.
h)
A by-law of the City of Ottawa to designate
certain lands on 2201, 2203, 2205 Angelica Avenue and 1956, 2009, 2011, 2013,
2019, 2021, 2023, 2026, 2024 and 2022 Pennyroyal Crescent, as being exempt from
Part Lot Control.
i)
A by-law of the City of Ottawa to designate portions of Clemow
Avenue, Patterson Avenue, Glebe Avenue, and O’Connor Street as a heritage
conservation district.
j) A by-law of the City of Ottawa to establish the Social Housing Reserve Fund for the City of Ottawa and to repeal By-law No. 2003-327 (2004-327) in order to correct a typographical error.
k)
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 2852 Merivale Road.
l)
A by-law of the City of Ottawa to amend By-law
No. 2008-250 of the City of Ottawa to remove the holding symbol from the
properties known municipally as 4635, 4703 and 4723 Bank Street.
m)
A by-law of the City of Ottawa to amend By-law
No. 2004-293 respecting the appointment of fence-viewers.
n) A by-law of the City of Ottawa to establish certain lands as common and public highway and assume them for public use (Breanna Cardill Street).
17. Confirmation
By-law (Councillors D. Chernushenko and
M. Wilkinson)
18. Inquiries
19. Adjournment (Councillors D. Chernushenko and
M. Wilkinson)
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Simultaneous interpretation of these proceedings is available. Please speak to the attendant at reception. |
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In Camera Items are not subject to public
discussion or audience. Any person has a right to request an independent investigation
of the propriety of dealing with matters in a closed session. A form requesting such a review may be
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NOTICE