OTTAWA CITY COUNCIL

9 November 2011

ANDREW S. HAYDON HALL

10:00 a.m.

 

DISPOSITION 24

 

 

REPORTS

 

President and CEO, Ottawa Community Lands Development Corporation

 

 

1.                   Ottawa community lands development corporation (OCLDC)

2010 annual report

 

LA Société d'aménagement des terrains Communautaires d’Ottawa

rapport annuel 2010

 

 

REPORT RECOMMENDATION

 

That Council receive the Audited Financial Statements of the Ottawa Community Lands Development Corporation (OCLDC) for the Year 2010 as set out in the Annual Report prepared by Ernst and Young and set out in Document 1 attached. 

 

RECEIVED

 

 

Deputy City Manager, Infrastructure Services and Community Sustainability

 

 

1.                   ECONOMIC STIMULUS FUND PROGRAM - STATUS UPDATE

 

programme du fonds de stimulation Économique – rapports d’Étape

 

REPORT RECOMMENDATION

 

That Council receive the Economic Stimulus Fund (ESF) Q3 2011 status report.

 

RECEIVED

 


 

Ottawa Police Services Board Report 3

 

 

1.                   OTTAWA POLICE SERVICE – STRATEGIC PRIORITIES

 

SERVICE DE POLICE D’OTTAWA – PRIORITÉS STRATÉGIQUE

 

 

BOARD RECOMMENDATION

 

That Council receive this report for information.

 

RECEIVED

 

 

COMMITTEE REPORTS

 

AGRICULTURE AND RURAL AFFAIRS COMMITTEE REPORT 12

 

 

1.                   ZONING – 3194 Diamondview Road

 

ZONAGE – 3194, Chemin Diamondview

 

 

COMMITTEE RECOMMENDATION

 

That Council approve an amendment to the Zoning By-law 2008-250 to change the zoning of 3194 Diamondview Road from Rural Institutional Subzone 8 with exception (RI8[510r]) and Agricultural Subzone 1 (AG1) to Rural Residential Subzone 12 with exception (RR12[XXXr] and to change the zoning of part of 3126 Diamondview Road from Rural Institutional Subzone 8 with exception (RI8[510r]) to Agricultural Subzone 1 (AG1) to correct the zoning boundary between these two properties as is shown on Document 1 and detailed in Document 2.

 

CARRIED

 

 


FINANCE AND ECONOMIC DEVELOPMENT COMMITTEE REPORT 13

 

 

1.                   motions, directions and inquiries recommended for closure

 

MOTIONS, DIRECTIVES ET DEMANDES DE RENSEIGNEMENTS DONT on recommande LA clôture

 

 

COMMITTEE RECOMMENDATION

 

That Council approve the closure of the Motions, Directions and Inquiries outlined in Document 1.

 

CARRIED

 

 

 

2.                   COMPREHENSIVE LEGAL SERVICES REPORT FOR THE PERIOD July 1st to september 30th  2011

 

Rapport général sur les services juridiques pour la pÉriode du 1er JUILLET AU 30 septembre 2011

 

 

COMMITTEE RECOMMENDATION

 

That Council receive this report for information.

 

RECEIVED

 

 

 

3.                   SOUTH MERIVALE BUSINESS PARK

 

PARC D’AFFAIRES DE MERIVALE-SUD

 

 

COMMITTEE RECOMMENDATION

 

That Council approve that $1,338,198 be allocated for the removal of soil from the lands owned by Mercury Centres G.P. Inc. at 3000 Merivale Road.

 

CARRIED


 

 

4.                   DELEGATION OF AUTHORITY – CONTRACTS AWARDED FOR THE PERIOD APRIL 1, 2011 TO JUNE 30, 2011

 

DÉLÉGATION DE POUVOIR – CONTRATS ACCORDÉS POUR LA PÉRIODE DU 1er AVRIL AU 30 JUIN 2011

 

 

COMMITTEE RECOMMENDATION

 

That Council receive this report for information

 

RECEIVED

 

 

 

5.                   LONG-TERM BANK LOAN AND AMENDMENTS TO DELEGATION OF AUTHORITIES

 

PRÊT BANCAIRE À LONG TERME ET MODIFICATIONS À LA DÉLÉGATION DES POUVOIRS

 

 

COMMITTEE RECOMMENDATIONS

 

That Council:

 

1.      Authorize the Treasurer to enter into a loan agreement with Royal Bank of Canada for a bank loan in an amount up to $25 million with a variable interest rate and to enter into an interest rate exchange agreement to provide effectively a fixed rate of interest satisfactory to the Treasurer;

 

2.      Delegate authority to the Debenture Committee to enact by-laws to enter into bank loan agreements and interest rate exchange agreements on similar terms to the Committee’s delegated authority to enact debenture by-laws and amend the Terms of Reference for the Debenture Committee accordingly; and

 

3.      Amend By-law No. 2011-28 as amended, the Delegation of Authority By-law, to authorize the Treasurer to enter into bank loan agreements and interest rate exchange agreements provided that the same conditions set out in Section 15 of Schedule “A” to By-law No. 2011-28 as amended, which apply to the issue of debentures, are met.

 

CARRIED

 

 

 

6.                   Expropriation of lands, ottawa light rail Transit project – Maintenance and Storage properties on Belfast Road and the station entrance on lyon street, City of Ottawa

 

EXPROPRIATION DE TERRAINS, PROJET DE TRAIN LÉGER SUR RAIL D’OTTAWA – INSTALLATIONS D’ENTRETIEN ET D’ENTREPOSAGE SUR LE CHEMIN BELFAST ET ENTRÉE DE LA STATION SUR LA RUE LYON, VILLE D’OTTAWA

 

 

COMMITTEE RECOMMENDATIONS

 

That Council approve:

 

1.       The expropriation of the lands set out in the attached Schedule "A";

 

2.      The enactment of an expropriation by-law to approve the expropriation of said lands; and

 

3.      The registering of the plans of Expropriation and service of the Notices of Expropriation, Election and Possession pursuant to Sections 9, 10 and 39 of the Expropriations Act.

 

CARRIED as amended by the following Motion:

 

MOTION

 

Moved by Councillor M. McRae

Seconded by Councillor J. Harder

 

WHEREAS it is in the interest of the City of Ottawa to be able to proceed expeditiously to resolve the claim(s) of landowners and/or tenants ("claimants”) affected by the land taken for the purpose of the Ottawa Light Rail Transit (OLRT) project, including the LRT maintenance yard;  and

 

WHEREAS a claimant may, for example, require an expeditious resolution to an expropriation claim in order to secure a replacement property or where the settlement funds may be required to secure the replacement property; and

 

WHEREAS an overall budget has been set for the acquisition of land for the OLRT project, including the LRT maintenance yard; and

 

WHEREAS staff has the delegated authority from City Council to settle for amounts of less than $2 million; and

 

WHEREAS there may be instances where a sum greater than $2 million is required for a settlement and the settlement opportunity would be lost in the time it takes to go through the Committee and Council process;

 

THEREFORE BE IT RESOLVED THAT, should staff identify an opportunity to settle an expropriation claim in excess of $2 million and where that opportunity could be lost in the time it takes to proceed through Committee and Council in accordance with the current process and where there are sufficient funds in the OLRT capital account, staff be delegated the authority to settle all or part of a claim with the concurrence of the Ward Councillor and the Mayor; and

 

BE IT FURTHER RESOLVED THAT staff report the details of all such settlements to the Finance and Economic Development Committee at the next meeting. 

 

CARRIED

 

Direction to Staff

 

In cases where business owners are relocating and have development applications in the works, that in order to off-set their difficulties, staff be directed to show flexibility in moving these development applications along.

 

 

 

7.                   BID FOR ASSOCIATION OF MUNICIPALITIES OF ONTARIO (AMO) 2014/15/16 CONFERENCES

 

OFFRE POUR LES CONFÉRENCES DE 2014, 2015 ET 2016 DE L’ASSOCIATION DES MUNICIPALITÉS DE L’ONTARIO (AMO)

 

 

COMMITTEE RECOMMENDATION

 

That Council direct staff to prepare a submission to the Association of Municipalities of Ontario Request for Proposal to host its 2014, 2015, and 2016 conferences.

 

CARRIED


 

 

8.                   OTTAWA STADIUM (300 COVENTRY ROAD) – REQUEST FOR OFFERS TO LEASE PROCESS

 

STADE D’OTTAWA (300, CHEMIN COVENTRY) – DEMANDE D’OFFRES POUR LE PROCESSUS DE LOCATION

 

 

COMMITTEE RECOMMENDATIONS

 

That Council:

 

1.      Direct staff to solicit “best offers to lease” to utilize the Ottawa Stadium facility in the long-term, based on the minimum conditions and guidelines described in this report; and

2.      Approve the delegated authority to the Director, Real Estate Partnerships and Development (REPDO) to negotiate and enter into an amended agreement with Ottawa Sports Group for the use of the Ottawa Stadium facility in 2012.

 

CARRIED

 

 

PLANNING COMMITTEE REPORT 18

 

 

1.            APPLICATION TO ALTER 32 CAMERON AVENUE, A PROPERTY DESIGNATED UNDER PART IV OF THE ONTARIO HERITAGE ACT

 

DEMANDE DE TRANSFORMATION DU 32, AVENUE CAMERON, UNE PROPRIÉTÉ DÉSIGNÉE EN VERTU DE LA PARTIE IV DE LA LOI SUR LE PATRIMOINE DE L’ONTARIO

 

 

Committee recommendationS

 

That Council:

 

1.                  Approve the application to alter 32 Cameron Avenue in accordance with drawings submitted by Jacques Hamel, Hamel Design Inc., as received on August 16, 2011 and included as Document 5;

 

2.                  Delegate authority for minor design changes to the General Manager of the Planning and Growth Management Department; and

 

3.                  Issue the heritage permit with a two-year expiry date from the date of issuance.

 

(Note: The statutory 90-day timeline for consideration of this application under the Ontario Heritage Act will expire on November 13, 2011.)

 

(Note: Approval to Alter this property under the Ontario Heritage Act must not be construed to meet the requirements for the issuance of a building permit.)

 

CARRIED

 

 

 

2.            APPLICATION FOR DEMOLITION AND NEW CONSTRUCTION AT 420 CLOVERDALE ROAD, A PROPERTY DESIGNATED UNDER PART V OF THE ONTARIO HERITAGE ACT AND LOCATED IN THE ROCKCLIFFE PARK HERITAGE CONSERVATION DISTRICT.

 

DEMANDE DE DÉMOLITION DE L'IMMEUBLE EXISTANT ET DE CONSTRUCTION D'UN NOUVEL IMMEUBLE AU 420, CHEMIN CLOVERDALE, PROPRIÉTÉ DÉSIGNÉE AUX TERMES DE LA LOI SUR LE PATRIMOINE DE L'ONTARIO ET SITUÉE DANS LE DISTRICT DE CONSERVATION DU PATRIMOINE DE ROCKCLIFFE PARK

 

 

Committee recommendationS

 

That Council:

 

1.                  Approve the application to demolish the existing house at 420 Cloverdale Road.

 

2.                  Approve the application for new construction at 420 Cloverdale Road in accordance with plans submitted by Art House Developments Limited on July 13, 2011.

 

3.                  Delegate authority for minor design changes to the General Manager, Planning and Growth Management Department.

 

4.                  Issue the heritage permit with a two-year expiry from the date of issuance.

 

(Note: The statutory 90-day timeline for consideration of this application under the Ontario Heritage Act will expire on November 13, 2011)

 

(Note: Approval to Alter this property under the Ontario Heritage Act must not be construed to meet the requirements for the issuance of a building permit.)

 

CARRIED

 

 

3.             ZONING – 201 LEBRETON STREET

 

ZONAGE – 201, RUE LEBRETON

 

 

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 201 LeBreton Street from Minor Institutional (I1A) and Residential Fourth Density (R4T) to a Minor Institutional (I1A) exception zone to permit minor institutional and ancillary uses, as detailed in Document 2 and as shown in Document 1.

 

CARRIED

 

 

 

4.             ZONING – 346 GLOUCESTER STREET

 

ZONAGE – 346, RUE GLOUCESTER

 

 

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 346 Gloucester Street from a Residential Fifth Density exception zone R5B[482] H(37) to a new Residential Fifth Density exception zone R5B[xxxx]H(59.3) as detailed in Document 2 and as shown in Document 1.

 

CARRIED as amended by the following Motion:

 

MOTION

 

Moved by Councillor J. Harder

Seconded by Councillor S. Qadri

 

WHEREAS the French recommendation in Report ACS2011-ICS-PGM-0206 does not match the correct English recommendation.

 


THEREFORE BE IT RESOLVED that the French version of the Committee Recommendation read as follows:

 

Que le Conseil approuve une modification au Règlement de zonage 2008-250 de la Ville d’Ottawa en vue de faire passer le zonage du 346, rue Gloucester de Zone résidentielle de densité 5 assortie d’une exception R5B[482] H(37) à Zone résidentielle de densité 5 assortie d’une exception R5B[xxxx]H(59.3), tel qu’expliqué en détail dans le document 2 et illustré dans le document 1.

 

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

 

CARRIED

 

 

 

5.             ZONING – 101 DEAN MARTIN CRESCENT

 

ZONAGE – 101, CROISSANT DEAN MARTIN

 

 

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 101 Dean Martin Crescent from Light Industrial, Subzone 2, Height Limit 14 metres (IL2 H(14)) to Residential Third Density, Subzone L, Exception XXXX (R3L[XXXX]) as shown in Document 1 and detailed in Document 2.

 

CARRIED

 


 

 

6.             ZONING - 370, 404, 410, 450 HUNTMAR DRIVE

 

ZONAGE - 370, 404, 410, 450, PROMENADE HUNTMAR

 

 

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 parts of 370 and 450 Huntmar Drive and 404 and 410 Huntmar Drive from Development Reserve Zone (DR) to Residential Third Density Subzone YY Exception Zone (R3YY [XXXX]), Residential Third Density Subzone YY (R3YY [XXXY], Residential Fourth Density Subzone Z Exception Zone (R4Z [XXXZ]), and Parks and Open Space Zone [O1]] as shown in Document 1 and detailed in Document 3.

 

CARRIED

 

 

 

7.             ZONING - 4268, 4300 FALLOWFIELD ROAD AND 2810 CEDARVIEW ROAD

 

ZONAGE – 4268, 4300, CHEMIN FALLOWFIELD ET 2810, CHEMIN CEDARVIEW

 

 

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 4268, 4300 Fallowfield Road and part of 2810 Cedarview Road from Development Reserves (DR) to Residential Third Density Sub-Zone Z (R3Z), R3Z [XXXX] Residential Third Density Sub-Zone Z, exception [XXXX] and O1 (Parks and Open Space Zone), as shown in Document 1 and as detailed in Document 2.

 

CARRIED

 


 

 

8.             STREET NAME CHANGE - BENT OAK STREET

 

CHANGEMENT DE NOM DE RUE – RUE BENT OAK

 

 

Committee recommendation

 

That Council approve that the Director of Building Code Services and the General Manager of Planning and Growth Management, as the case may be, be directed to take necessary actions to re‑name or name, Bent Oak to Slattery’s Field in accordance with the Municipal Addressing By-law Number 2005-322 or through the development approval process, as shown on Document 1.

 

CARRIED

 

 

PLANNING COMMITTEE REPORT 19

 

 

1.             150 ELGIN – AMENDMENTS TO AGREEMENTS – MORGUARD ELGIN LIMITED

 

150, RUE ELGIN – MODIFICATIONS DES ENTENTES – MORGUARD ELGIN LIMITED

 

 

Committee recommendationS

 

That Council:

 

1.         Approve amendments to the Development, Parking and Non-Merger Agreements between the City and Morguard Elgin Limited dated 21 December 2005 as described in this report and further outlined in Document 1;

 

2.         Delegate authority to the City Manager to finalize and execute amended Development, Parking and Non-Merger Agreements with Morguard Elgin Limited.

 

CARRIED

 

 


TRANSIT COMMISSION REPORT 8

 

 

1.             REVISION OF TRANSIT TAX AREAS FOR 2012

 

                Révisions aux zones fiscales du transport en commun pour 2012

 

 

CommiSSION RecommendationS AS AMENDED

 

That Council:

 

1.         Approve the following two revisions to the transit tax areas, to be effective on January 1, 2012, and that Council enact an implementing by-law:

·         Expanding the Urban Transit Area to encompass all of the current Stittsville Town Transit Area, and abolishing the Stittsville TTA as a separate area; and,

·         Revising the boundary between Rural Transit Area A and Rural Transit Area B so that it follows Century Road between the Rideau River and McCordick Road.

 

2.         Direct staff to correct the transit levy rate improperly applied to the properties in the Rideau-Goulbourn ward for 2011 and provide a means by which identified ratepayers are reimbursed the amount of the overpayment, to be funded from the Transit Capital Reserve.

 

3.         Approve that as part of the planning of the service increases for Stittsville that are described in this report, staff examine the following issues in particular:

 

-     The need for improved access to service for residents in the north western area of the community;

-     The need for increased evening service;

-     The need for convenient daytime service connecting within the community and to major destinations; and,

 

That staff assess how best to address these issues within the budget for 2012 that Council will establish; and,

 

That staff consult with the ward councillor on their conclusions.

 

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 T. Tierney

Seconded by Councillor R. Bloess

 

WHEREAS that part of Comstock Road adjacent to 1622 Comstock Road and described as Part 39 on Reference Plan 4R-14871 was established as a common and public highway in the former Corporation of the Township of Gloucester; and

 

WHEREAS as result of a road extension and realignment, Part 39 was conveyed by the former Township to a private land owner without the passage of a road closing by-law as required by the Municipal Act; and

 

WHEREAS pursuant to the Municipal Act the passage and registration of a road closing by-law is required prior to the transfer of a public highway or a portion thereof by a municipality to a private land owner; and

 

WHEREAS no record of a road closing by-law ever being passed, or a Council Report of Minutes authorizing the sale or closing of the road has been found; and

 

WHREAS it is now desired to pass a by-law close Part 39; and

 

WHEREAS Part 39 is not required for public road purposes; and

 

WHEREAS notice of this Road Closing By-law has been given in accordance with the Municipal Act, 2001 and the City of Ottawa’s Public Notice By-law No. 2002-522; and

 

WHEREAS the Council of the City of Ottawa did not receive any requests to be heard from any person, solicitor or agent, claiming the loss of motor vehicle access to and from the person’s land over any highway;

 


THEREFORE BE IT RESOLVED that Council authorizes the enactment of a by-law closing Part 39, Reference 4R-14871.

 

CARRIED

 

MOTION

 

Moved by Councillor T. Tierney

Seconded by Councillor R. Bloess

 

WHEREAS the re-opening of the Gloucester Splash Pool was delayed for several months as a result of contractor performance on the addition project; and

 

WHEREAS staff have been able to claim $75,000 from the contractor for lost revenues as a result of that delay; and

   

WHEREAS the community was disadvantaged during that time period as they were without this valuable community service;

 

THEREFORE BE IT RESOLVED that the $75,000 be allocated to an account for use by the ward councillor to provide minor capital improvements in the ward.

 

                                                                                                            WITHDRAWN

 

 

Motions Requiring Suspension of the Rules of Procedure

 

MOTION

 

Moved by Councillor S. Qadri

Seconded by Councillor M. Taylor

 

That the Rules of Procedure be suspended to consider the following motion due to timelines, as the Project Red Ribbon campaign started at the beginning of November:

 

WHEREAS The City of Ottawa has been a past supporter of Mothers Against Drunk Driving (MADD)’s Project Red Ribbon campaign to raise awareness of drinking and driving;

 

WHERAS the MADD red ribbon, flying on a vehicle antenna or tied to a rearview mirror, has become a familiar symbol throughout Canada;

 

AND WHEREAS Every year from the beginning of November to the first Monday after January 1st, MADD distributes red ribbons signifying a personal commitment of the individual to drive sober.

 

AND WHEREAS City policy requires Council approval for special ribbons to be displayed on City vehicles;

 

THEREFORE BE IT RESOLVED City Council approve all City of Ottawa vehicles be permitted to support the Project Red Ribbon campaign by displaying a ribbon on their vehicle;

 

AND BE IT FURTHER RESOLVED that City Council’s approval of all City of Ottawa vehicles displaying a ribbon in support of the Project Red Ribbon campaign, annually from the beginning of November to the first Monday after January 1st, be deemed to be granted in perpetuity, unless and until revoked by Council.

 

CARRIED

 

 

By-laws                                                                                    Three Readings

 

2011-383                  A by-law of the City of Ottawa to close part of Comstock Road.

 

2011-384                  A by-law of the City of Ottawa to establish certain lands as common and public highway and assume it for public use (Stanmore Street).

 

2011-385                  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.

 

2011-386                  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 201 Lebreton Street North.

 

2011-387                  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 101 Dean Martin Crescent.

 

2011-388                  A by-law of the City of Ottawa to amend By-law No. 2003-530 respecting traffic and parking on highways and to repeal By-law No. 2011-361.

 

2011-389                  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 346 Gloucester Street.

 

2011-390                  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 404 and 410 Huntmar Drive and parts of 370 and 450 Huntmar Drive.

 

2011-391                  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 4268 and 4300 Fallowfield Road and part of 2810 Cedarview Road.

 

2011-392                  A by-law of the City of Ottawa to designate certain lands at 101, 103, 105, 107, 115, 117, 119, 121, 123 and 125 Abetti Ridge and 205, 208, 241, 243, 257 and 259 Espin Heights as being exempt from Part Lot Control.

 

2011-393                  A by-law of the City of Ottawa to designate certain lands at 157 to 175 Salisbury Street and 201 to 216 Fairside Private as being exempt from Part Lot Control.

 

2011-394                  A by-law of the City of Ottawa to designate certain lands at 1370 Bank Street as being exempt from Part Lot Control.

 

2011-395                  A by-law of the City of Ottawa to designate certain lands at 5271 Fernbank Road as being exempt from Part Lot Control.

 

2011-396                  A by-law of the City of Ottawa to designate certain lands at 235, 237, 239, 241, 243, 245, 257, 259, 261, 263, 265, 277, 279, 281 and 285 Kinghaven Drive as being exempt from Part Lot Control.

 

2011-397                  A by-law of the City of Ottawa to designate certain lands at 141, 143, 145 and 147 Whispering Winds Way as being exempt from Part Lot Control.

 

2011-398                  A by-law of the City of Ottawa to designate certain lands at 522 to 528 Harvest Valley Avenue as being exempt from Part Lot Control.

 

2011-399                  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 3194 Diamondview Road and part of 3126 Diamondview Road.

 

CARRIED