OTTAWA CITY COUNCIL

26 February 2003

ANDREW S. HAYDON HALL

1:30 p.m.

 

MINUTES 49

 

 

The Council of the City of Ottawa met at Andrew S. Haydon Hall, 110 Laurier Avenue West, Ottawa, on 26 February 2003 at 1:30 p.m.

 

The Mayor, Bob Chiarelli, presided and led Council in prayer.

 

The National Anthem was sung by St. Michael's Fitzroy Choral Group from St. Michael's School in Fitzroy Harbour.

 

 

Roll Call

 

ALL MEMBERS WERE PRESENT.

 

 

Declarations of Interest Arising from Prior Meetings of Council and Committees

 

No Declarations of Interest were filed.

 

 

Confirmation of Minutes

 

The Minutes of the regular Council meeting of 12 February 2003 were confirmed.

 

 

Communications

 

No Communications were filed.

 

Regrets

 

No regrets were filed.

 

 

Postponements and Deferrals

 

CORPORATE SERVICES AND ECONOMIC DEVELOPMENT COMMITTEE REPORT 41A

 

1. MOTION CONCERNING illuminated scoreboard at Lansdowne Park

 

 

Committee Recommendation as amended

 

WHEREAS the Renegades’ electronic scoreboard at Lansdowne Park is constantly being directed at the Queen Elizabeth Driveway and Echo Drive residents and we have received many complaints;

 

WHEREAS it was the councillor’s understanding that the use of this illuminated scoreboard would be limited to the football season and not be a year-round advertising vehicle;

 

BE IT RESOLVED that upon completion of the football season, the illuminated scoreboard at Lansdowne Park be directed at the Park and toward Bank Street outside of business hours (8 a.m. to 8 p.m.)

 

MOTION NO. 47/5

 

Moved by Councillor E. Arnold

Seconded by Councillor A. Munter

 

WHEREAS this item affects residents of Capital Ward;

 

AND WHEREAS Councillor Doucet is unable to attend the January 22nd Council meeting and is interested in speaking to this item at Council;

AND WHEREAS the timing of this item rising to Council is not critical;

 

THEREFORE BE IT RESOLVED that City Council defer the decision on this recommendation to the Council meeting of February 26, 2003, in order to permit Councillor Doucet the opportunity to address this issue.

 

With the consent of Council, Item 1 of Corporate Services and Economic Development Committee Report 41A was WITHDRAWN.

 

Motion to Introduce Committee Reports

 

MOTION NO. 49/1

 

Moved by Councillor A. Hunter

Seconded by Councillor A. Munter

 

That Agriculture and Rural Affairs Committee Report 20, Corporate Services and Economic Development Committee Report 45, Emergency and Protective Services Committee Report 31, Environmental Services Committee Report 25, Health, Recreation and Social Services Committee Report 39, Planning and Development Committee Report 45, and Transportation and Transit Committee Reports 39 and 40 be received and considered;

 

And That the Rules of Procedure be suspended to receive and consider Emergency and Protective Services Committee Report 32.

 

CARRIED

 

 

Agriculture and Rural Affairs Committee Report 20

 

 

1.             hydro ottawa – request for consultation in the rural areas and update on status of discussions with hydro one

 

 

COMMITTEE RECOMMENDATION

 

Whereas discussions between executives of Hydro Ottawa and Hydro One are ongoing regarding the potential purchase by Hydro Ottawa of approximately 25,000 rural accounts currently served by Hydro One; and savings to be realized by those customers; and

 

Whereas a purchase price and amortization details are yet to be determined; and

 

Whereas the ability of Hydro Ottawa to maintain and upgrade thousands of miles of rural transmission lines, electrical components, equipment and the provision of sufficient experienced personnel are yet unclear; and

 

Whereas the supply of uninterrupted, reliable and affordable electrical supply is extremely important to rural customers, especially isolated residences and those businesses engaged in the agricultural or aggregate resource industries;

 

THEREFORE BE IT RESOLVED THAT prior to the finalization of any potential purchase of the rural Hydro One accounts that Hydro Ottawa be requested to undertake a consultation process throughout the rural areas by Hydro Ottawa representatives; and

 

BE IT FURTHER RESOLVED That Hydro Ottawa be invited to brief the Agriculture and Rural Affairs Committee with respect to the state of the ongoing discussions with Hydro One.

 

 

MOTION NO. 49/2

 

Moved by Councillor H. Kreling

Seconded by Councillor P. McNeely

 

THAT the following replacement Motion be approved:

 

WHEREAS discussions between Hydro Ottawa and Hydro One are ongoing regarding the potential purchase by Hydro Ottawa of approximately 37,000 rural and suburban accounts currently served by Hydro One;

 

AND WHEREAS a purchase price and details surrounding this purchase are yet to be determined;

 

AND WHEREAS the supply of uninterrupted, reliable, and affordable electricity is extremely important to all customers, especially isolated residences and those businesses engaged in agriculture or other suburban or rural based economies;

 

THEREFORE BE IT RESOLVED that prior to the finalization of any potential purchase of the Hydro One accounts that Hydro Ottawa be requested to undertake a consultation process throughout Ottawa;

 

AND ALSO BE IT RESOLVED that Hydro Ottawa report to the City’s Environmental Services Standing Committee on the tentative agreement upon completion of the negotiations.

 

CARRIED on a division of 17 YEAS to 5 NAYS as follows:

 

Yeas (17): Councillors E. Arnold, A. Munter, W. Stewart, P. Hume, H. Kreling,

R. Bloess, G. Brooks, G. Hunter, C. Doucet, M. Meilleur, P. McNeely,

M. Bellemare, S. Little, D. Deans, R. Chiarelli, J. Legendre and

Mayor Chiarelli.

 

Nays (5): Councillors D. Thompson, D. Eastman, J. Stavinga, A. Cullen and J. Harder.

 

Corporate Services and Economic Development Committee Report 45

 

1. 2003 DEBENTURE ISSUE

 

Committee Recommendations

 

That Council authorize the General Manager, Corporate Services:

 

1. To proceed with a debenture issue in the amount of up to $55,000,000 in the Canadian public financial markets during 2003 at an average all in yield estimated to be in the range of 5.00% to 5.75%;

 

2. To incur, pay and distribute all costs associated with these issues;

 

3. To bring forward debenture by-laws for execution by Council.

 

CARRIED

 

 

2. SALE OF LAND - CRESTWAY DRIVE

 

Committee Recommendations

 

That Council:

 

1. Declare two parcels of land located on Crestway Drive, containing a total area of 3.1 ha, described as Part of Lot 15, Concession 1 (R.F.) geographic Township of Nepean, City of Ottawa, as shown on Annex “A” as surplus to City requirements;

 

2. Aprove the sale of the property referred to in Recommendation 1 to 1213225 Ontario Ltd. and Tamarack Developments Corporation for $580,677.00 plus GST, subject to any easements that may be required, pursuant to an Agreement of Purchase and Sale that has been received.

 

CARRIED

 

3. SALE OF LAND – CRESTWAY DRIVE – SCHOOL SITE

 

Committee Recommendations

 

That Council:

1. Declare a 2.43 ha parcel of land located on Crestway Drive described as Part of Lot 15, Concession 1 (R.F.) geographic Township of Nepean, City of Ottawa, as shown on Annex “A” as surplus to City requirements;

 

2. Approve the sale of the lands referred to in Recommendation 1 to the Ottawa-Carleton Catholic School Board for $1,110,883.00 plus GST, subject to any easements that may be required, pursuant to an Agreement of Purchase and Sale that has been received.

 

CARRIED

 

 

4. SALE OF SURPLUS LAND - PART OF THE ROAD ALLOWANCE
BETWEEN CONCESSIONS 8 AND 9 – PARTS 1, 2, 3, 4, 5 AND 6, PLAN 4R-17408

 

Committee Recommendations

 

That Council:

 

1. Declare portions of the road allowance located between Concessions 8 and 9, geographic Township of Cumberland, containing an area of approximately 0.2184ha (0.54 acres), being Parts 1, 2, 3, 4, 5 and 6 on Plan 4R-17408 in the City of Ottawa and shown on Annex “A”, subject to the road being stopped up and closed by by-law, surplus to the City's needs, and;

 

2. Approve the sale of the land, referred to in Recommendation 1, to Cardinal Creek Developments Inc., for the amount of $32,500.00, plus GST subject to easements that may be required, pursuant to an Agreement of Purchase and Sale that has been received.

 

CARRIED

 

5. DELEGATION OF AUTHORITY –
CONTRACTS AWARDED FOR THE PERIOD OCTOBER 01 TO DECEMBER 31, 2002

 

Committee Recommendation

 

That Council receive this report for information.

 

RECEIVED

 

 

6. 2003 Interim Property Tax Rates and Due Dates

 

 

Committee RecommendationS

 

That Council approve:

 

1. That the 2003 interim property tax rate for all tax classes be 50% of the tax rate set for the 2002 final taxation.

 

2. That the following tax due dates be approved for 2003:

Interim: March 20, 2003

Final: June 19, 2003

 

3. That the penalty and interest percentage charge on overdue and unpaid tax arrears remain at the rate of 1.25% per month (15% per year) unchanged from 2002.

 

CARRIED

 

 

7. HUMAN RESOURCES POLICIES

 

Committee Recommendation

 

That Council approve the attached Human Resources Policies.

 

CARRIED

 

 

8. APPOINTMENT OF OTTAWA CITIZEN PUBLISHER

 

 

Committee Recommendation

 

That Council approve the following:

 

That Ottawa City Council congratulates Jim Orban on his appointment as General Manager of the Ottawa Citizen and wishes him the best of luck in the discharge of his new responsibilities.

 

CARRIED

 

 

Emergency and Protective Services Committee Report 31

 

 

1. emergency medical services - system design - year 2 review

 

COMMITTEE RECOMMENDATION

 

That Council receive this report for information.

 

RECEIVED

 

 

2. by-law services – animal care and control

 

Committee Recommendation as amended

 

That Council approve the Animal Care and Control By-law, attached as Document 1, which gives effect to the principles for a new harmonized by-law as approved by Council on 9 October 2002, and as amended by the following, to take effect 01 April 2003.

 

1. WHEREAS Council, during its deliberations last Fall on the policy principles for a harmonized animal care and control by-law, requested a number of amendments to Appendix A (called Schedule B – Prohibited Animals, in the by-law), including some related to birds;

 

AND WHEREAS it has come to the Department’s attention that a section relating to birds in Schedule B, which requires clarification, has been overlooked;

 

THEREFORE BE IT RESOLVED that Section 12 of Schedule B in Document 1 be amended to:

a)                  include fowl (anseriformes, galliformes) and ratites (struthioniformes) such as ostriches, rheas, and cassowaries, unless provided for under Section 72 of the by-law (Livestock); and

b)                  identify the birds listed in 12(a) using corresponding nomenclature, as appropriate.

 

2. That Section 4 include the following provision:

 

4 (3) No person may cause an animal to be tethered where a choke collar or choke chain or pronged collar forms part of the securing apparatus.

 

MOTION NO. 49/3

 

Moved by Councillor J. Stavinga

Seconded by Councillor D. Deans

 

WHEREAS at its meeting of October 9th 2002, Council considered and approved a report respecting principles for a harmonized Animal Care and Control By-law and, at that time, also requested that the definitions of “rural” and “urban” contained therein be reviewed;

 

AND WHEREAS as a result of that review, which included discussions with the rural councillors, in place of the aforementioned definitions, the draft by-law provides that the provisions related to cats, pigeons and rabbits apply to areas where the zoning permits residential land use;

 

AND WHEREAS the by-law provisions related to cats, pigeons and rabbits are intended to apply to residential settings, where the potential for conflict is greatest, in order to reduce/minimize such conflicts and to ensure, in the case of cats, that they can be returned home in a timely fashion through the registration process thereby reducing impoundment costs;

 

AND WHEREAS a concern has been expressed that that wording captures a residential dwelling in an agricultural setting;

 

THEREFORE BE IT RESOLVED that the by-law be amended to provide for an exemption, from the provisions related to cats, pigeons and rabbits, for lands zoned agricultural, general rural, rural, rural-agricultural or marginal resource.

 

CARRIED on a division of 20 YEAS to 2 NAYS as follows:

Yeas (20): Councillors E. Arnold, A. Munter, W. Stewart, P. Hume, H. Kreling,

R. Bloess, D. Eastman, G. Hunter, C. Doucet, M. Meilleur, P. McNeely,

M. Bellemare, S. Little, J. Stavinga, A. Cullen, D. Deans, R. Chiarelli,

J. Harder, J. Legendre and Mayor Chiarelli.

 

Nays (2): Councillors D. Thompson and G. Brooks.

 

Item 2 of Emergency and Protective Services Committee Report 31 was then put to Council and CARRIED as amended by Motion No. 49/3 with Councillor G. Hunter dissenting on Section 38 of Document 1 and Councillor R. Chiarelli dissenting on Sections 38 and 53-62 of Document 1.

 

 

Emergency and Protective Services Committee Report 32

 

1. juno awards – taxi services zones

 

Committee Recommendation

 

That Council approve that taxicabs licensed by the City of Ottawa be permitted to operate in all zones from 6:00 a.m. on Sunday, April 6 until 6:00 a.m. on Monday, April 7, 2003.

 

CARRIED with Councillor J. Legendre dissenting.

 

 

Environmental Services Committee Report 25

 

 

1. HYDRO OTTAWA LIMITED – OPERATING STATUS

 

 

COMMITTEE RECOMMENDATION

 

That Council approve the following Resolution:

 

WHEREAS under the provisions of the Electricity Pricing, Conservation and Supply Act, 2002, the City of Ottawa is required to pass a resolution confirming its desire to see Hydro Ottawa Limited (the electricity distribution company, a subsidiary of Hydro Ottawa Holding Inc. - wholly-owned by the City of Ottawa) remain a for-profit business corporation under the Ontario Business Corporations Act;

 

WHEREAS the alternative to the for-profit operation laid out in the Electricity Pricing, Conservation and Supply Act, 2002 will lead to unacceptable effects upon Hydro Ottawa Limited;

 

WHEREAS the conversion of the former Ottawa Hydro, Gloucester Hydro, Nepean Hydro, Kanata Hydro and Goulbourn Hydro from commissions created pursuant to the Public Utilities Act into a business corporation (Hydro Ottawa Holding Inc.) was made mandatory under the Electricity Act, 1998;

 

WHEREAS the City of Ottawa as the sole shareholder is accountable to the citizens of Ottawa for Hydro Ottawa Holding Inc.;

 

WHEREAS the City of Ottawa desires to see Hydro Ottawa run for the benefit of the residents and businesses of the City of Ottawa by providing electricity at the lowest reasonable cost consistent with high quality service and reliability;

 

WHEREAS the City of Ottawa desires to see Hydro Ottawa operate in a prudent manner, where its operating costs are covered, where its capital infrastructure is prudently maintained, and where it can provide capacity to grow with the City of Ottawa;

 

WHEREAS it is necessary for the benefit of the residents of Ottawa to have Hydro Ottawa operate in such a manner to ensure that it is able to:

 

a) Maintain and continuously enhance the reliability of the delivery of electricity;

b) Invest in the electricity distribution system for the purposes of expanding the system to meet the City’s development;

c) Maintain a favourable credit rating for the purposes of borrowing funds necessary to finance the costs of power it delivers to residents and businesses in the City of Ottawa as well as other operating and capital expenditures;

d) Have the capacity to acquire additional distribution assets within the City of Ottawa;

e) Invest in electricity generation facilities to expand the supply of local, environmentally sustainable generation; and

f) Invest in telecommunications infrastructure on a basis that is consistent with the City’s vision and strategy for broadband connectivity;

WHEREAS Hydro Ottawa Holding Inc. will be reporting to the City’s Environmental Services Committee changes, if any, to its rate of return and distribution rate structure as a result of Bill 210;

 

WHEREAS paragraph 4.2(g) of the Shareholder Declaration respecting Hydro Ottawa Holding Inc. prohibits the Board of Directors of the company from declaring a dividend prior to consultation with the City or any dividend which is inconsistent with the dividend policy communicated to the Board by the City of Ottawa;

 

THEREFORE BE IT RESOLVED THAT:

 

1. The City of Ottawa affirms that Hydro Ottawa Limited should continue to be incorporated as provided in subsection 142(1) of the Electricity Act, 1998 as a corporation incorporated under the Ontario Business Corporations Act and should continue to operate on a for-profit basis within the regulatory framework established by the Ontario Energy Board.

 

2.                  That no dividend shall be declared by Hydro Ottawa for the benefit of the City of Ottawa;

 

3.                  Subsequent to the approval of Recommendation 1 by City Council, the City Clerk prepare a Certificate of Passing of Resolution Under Section 159.1 of the Electricity Act, 1998 in the form set out pursuant to Ontario Regulation 430/02, which form is to be signed by the Mayor and the City Clerk and filed by the City Clerk with the Minister of Energy of Ontario prior to March 9, 2003.

 

4.                  And that the City Clerk be directed to communicate to Hydro Ottawa Holding Inc. that it is the policy of the City of Ottawa that Hydro Ottawa Holding Inc. not declare any dividends until the City of Ottawa communicates a change in policy to the Board of Directors of Hydro Ottawa Holding Inc.

 

CARRIED

 

 

Health, Recreation and Social Services Committee Report 39

 

 

1. Presentation by the Ottawa Food Security Group

 

Committee Recommendation as Amended

 

That Council approve the following:

 

WHEREAS food security is an issue that affects all community members, especially those living in poverty;

 

WHEREAS lack of food security inhibits the ability of community members including children to fully participate and contribute to the well-being of the community;

 

WHEREAS access to basics including food forms a theme in the Draft Human Services Plan;

 

WHEREAS the Draft Human Services Plan proposes to “build community capacity, in partnership with the community, to increase food security for all citizens, particularly those on low income” as an action to reduce poverty and increase self-sufficiency;

 

WHEREAS a focus on promotion of healthy eating practices has an impact on the occurrence of food related diseases such as heart disease, obesity and diabetes;

 

WHEREAS there is currently no local agency whose mandate is to ensure that sustainable and environmentally appropriate solutions are found to the problem of community food security;

 

WHEREAS many positive changes to the food system can only be affected at the City level;

 

AND WHEREAS the Ottawa Food Security Council will begin operations in March 2003;

 

THEREFORE BE IT RESOLVED THAT the Health, Recreation and Social Services Committee recommend Council endorse having a City Councillor and City staff serve on the Ottawa Food Security Council;

 

AND THAT City staff be directed to nominate appropriate officials to the Council and determine an appropriate level of support for the Ottawa Food Security Council, and report back in two months.

 

AND THAT this proposal be forwarded to the Business Development group to develop methodologies of co-operation between consumers and niche producers, farmer markets, distributions promotion etc; and that this be incorporated as part of the report back to Committee and Council.

 

CARRIED with Councillor R. Chiarelli dissenting.

 

 

 

2. Heritage Advisory Committee - Rideau Canal Builders’

Commemoration Monument

 

 

Committee Recommendations as amended

 

1.                  That Council endorse and encourage the objectives of this project.

 

2.                  That Council applaud the work of the Ottawa Celtic Cross Committee and recognize the significance and importance of the citizens of Ottawa who built the Rideau Canal and the role they played in Ottawa’s history.

 

CARRIED

 

 

 

3. Ottawa Youth Cabinet – Mayor’s Youth Symposium

 

Committee Recommendation

 

That Council approve that the Mayor’s Youth Symposium be held as an annual event hosted by the Ottawa Youth Cabinet.

 

CARRIED

 

 

Planning and Development Committee Report 45

 

 

1.             ZONING – 7164 HARNETT ROAD

 

 

COMMITTEE RECOMMENDATION

 

That Council approve an amendment to Zoning By-law 84-77 of the former Township of Rideau, to change the zoning of 7164 Harnett Road from A2-General Rural to RE-Estate Residential, from A2-General Rural to EP-Environmental Protection and from A2-General Rural to A2-46 General Rural Exception 46.

 

CARRIED

 

 

2. ZONING – 3155, 3145, 3135 AND 3125 PADEN ROAD

 

 

Committee Recommendation

 

That Council approve an amendment to Zoning By-law 84-77 of the former Township of Rideau, to change the zoning of 3155, 3145, 3135 and 3125 Paden Road from A2-General Rural to RE-Estate Residential, from A2-General Rural to EP-Environmental Protection and from A2-General Rural to A2-47 General Rural Exception 47 as shown in Document 2.

 

CARRIED

 

 

 

3. ZONING – 5542 AND 5548 FIRST LINE ROAD

 

 

Committee Recommendation

 

That Council approve an amendment to Zoning By-law 84-77 of the former Township of Rideau, to change the zoning of 5542 and 5548 First Line Road from A2-General Rural to R-General Residential and from A2-General Rural to R-13 General Residential Exception 13 as shown in Document 2.

 

CARRIED

 

 

 

4. ZONING – 1785 MARCHURST ROAD

 

 

Committee Recommendation

 

That Council approve an amendment to the former March Rural Zoning By-law to rezone 1785 Marchurst Road from “Estate Residential” (ER) and “Agricultural Resource” (AR) to “Rural Residential” (RR), “Rural Residential-Holding” (RR-H), “Open Space” (OS), and “Hazard Zone-Exception” (HZD-2) as shown in Document 3.

 

CARRIED

 

 

5.       ZONING – 464 WOODLAND AVENUE

 

 

Committee Recommendation as amended

 

That Council refuse the application to amend the former City of Ottawa Zoning By-law, 1998 to change the zoning of 464 Woodland Avenue from Minor Institutional (I1) to a new Minor Institutional exception zone to allow parking not associated with a place of worship subject to the following amendment:

 

That the Application Fees be waived for the Church.

 

CARRIED

 

 

 

6. APPLICATION TO DEMOLISH 135 rideau STREET, A PROPERTY LOCATED IN THE BYWARD MARKET HERITAGE CONSERVATION DISTRICT

 

 

Committee Recommendations as amended

 

That Council:

 

1. Refuse the application to demolish 135 Rideau Street, a property located in the Byward Market Heritage Conservation District;

 

2. That City staff work with the applicant to access appropriate tax relief, grants and/or funding that will enable the retention of the Rideau Street façade at 135 Rideau Street;

3. Designate 135 Rideau Street, the former Caplan's Department Store, under Part IV of the Ontario Heritage Act in accordance with the Statement of Reasons for Designation attached as Documents 3;

 

MOTION NO. 49/4

 

Moved by Councillor M. Meilleur

Seconded by Councillor G. Hunter

 

That the motion regarding the application to demolish 135 Rideau Street (Caplan Building), a property located in the Byward Market Heritage Conservation District be DEFERRED until the Council meeting of March 26, 2003.

 

DEFERRAL CARRIED

 

7. APPEAL – COMMITTEE OF ADJUSTMENT – 6330 SECOND LINE ROAD

 

 

Committee Recommendation

 

That Council approve the presence of staff, from the Corporate Services and Development Services Departments, at the Ontario Municipal Board hearing regarding the Committee of Adjustment applications for 6330 Second Line Road.

 

MOTION NO. 49/5

 

Moved by Councillor G. Brooks

Seconded by Councillor R. Bloess

 

That the appeal be withdrawn.

 

CARRIED on a division of 12 YEAS to 9 NAYS as follows:

 

Yeas (12): Councillors D. Thompson, W. Stewart, P. Hume, R. Bloess, D. Eastman,

G. Brooks, P. McNeely, S. Little, J. Stavinga, R. Chiarelli, J. Harder and Mayor Chiarelli.

 

Nays (9): Councillors E. Arnold, A. Munter, G. Hunter, C. Doucet, M. Meilleur,

M. Bellemare, A. Cullen, D. Deans, J. Legendre.

 

 

 

8. PRIVATE ROADWAY DEDICATION – 2500 INNES ROAD

 

 

Committee Recommendations

 

1.                  That Council approve an amendment to the City of Ottawa By-law 2002-521, respecting private roadways, by adding the following street name to Schedule “A” of the by-law when all conditions have been met:

 

SCOTLAND PRIVATE

 

2.                  That an agreement be executed between the City and the property owner as required by and containing all of the standard conditions of By-law 2002‑521.

 

CARRIED

 

 

9. SIGNS BY-LAW MINOR VARIANCE – 255 KANATA AVENUE

 

 

COMMITTEE RECOMMENDATIONS AS AMENDED

 

1. That Council approve a Minor Variance to Signs By-Law 66-98, of the former City of Kanata, to allow the installation of four additional wall signs on the north elevation, whereas the By-Law allows for no more than one wall sign installed per exterior elevation, subject to an agreement with the proponent that the signs will be restricted to pictures (no text).

 

2. That Council approve the installation of one additional wall sign on the south elevation and one additional wall sign on the east elevation, whereas the by-law allows for no more than one wall sign installed per exterior elevation.

 

CARRIED

 

 

 

10.          COMPLIANCE REPORTS BY-LAW

 

 

Committee Recommendation

 

That Council approve the Compliance Reports Service Program as outlined in Document 4 and enact a Compliance Reports By-law similar to the draft by-law outlined in Document 3.

 

CARRIED

 

 

Transportation and Transit Committee Report 39

 

 

1. Pedestrian Safety at Intersections  - Assessment of the Walking Security Index

 

 

Committee Recommendations AS AMENDED

 

That Council:

 

1. Receive the final report entitled “Walking Security Index Pilot Study May 2002” by Barry Wellar as fulfilling his contractual obligations to the City.

 

2.      Direct staff to continue to pursue the development of methods that can be used to assess pedestrian safety at intersections, using both the information developed by the Walking Security Index, other analytical techniques, and report to Committee and Council.

 

CARRIED

 

 

Transportation and Transit Committee Report 40

 

 

1. MCMASTER AVENUE SIDEWALK

 

 

Committee Recommendation

 

Having held a public hearing, that Council approve the construction of a sidewalk on the south side of McMaster Avenue, between Aster Street and Virginia Avenue, as shown in Annex B.

 

CARRIED

 

 

 

2.                   RAPID TRANSIT EXPANSION STUDY – RECOMMENDATIONS

 

 

Committee Recommendations aS aMENDED

 

That Council approve:

 

1.                  That the recommended Rapid Transit Network form the basis for the transit component of the Transportation Master Plan;

2.                  That the Rapid Transit Priority Plan form part of the City’s Long Range Financial Plan, pending clarification on funding sources;

 

3.                  That staff be directed to develop an Implementation Strategy that would include timelines, funding and partnership options, and financial implications;

 

4. That the Rapid Transit Expansion Study, as part of the implementation strategy, cost out and incorporate an interim bus rapid transit option for the section of the Cumberland Transitway which has already undergone an Environmental Assessment, in order to serve the proposed intensified development in the East Urban Community.

 

5. That the City of Ottawa convey to the Ministry of Transportation Ontario Queensway Widening Study, its position that current transit lanes on the Queensway be protected in developing design alternatives.

 

6. WHEREAS the City of Ottawa has developed considerable expertise in maintaining and operating the Bombardier Talent trains and they have given a reliable service;

 

WHEREAS the talent trains may be used to service Cumberland and Orléans in the east and Kanata North in the west for a number of years prior to the first choice electric light rail option being available;

 

BE IT RESOLVED THAT staff look at the possibility of retaining the Talent trains for this or other extended non-electric service as precursor to the electric light-rail service.

 

7. That the short spur to the Airport be included as part of the South Keys-Riverside South element of the plan and that its priority be adjusted accordingly.

 

8. That given the concerns of the Riverview Park Community Association and area residents, that staff review corridor options other than the Browning Avenue corridor.

 

9. WHEREAS the Federal Budget allocated $3 Billion in infrastructure support over the next ten years which included $1 Billion for municipal infrastructure; and

 

WHEREAS the Federal Budget allocated $2 Billion over five years to help implement the Climate Change Plan for Canada through such measures as sustainable transportation; and

 

WHEREAS the Provincial Government is investigating new ways of financing infrastructure that better reflect the life span of the asset involved; and

 

WHEREAS the Rapid Transit Expansion Study is our plan for the future of the rapid transit network in Ottawa; and

 

WHEREAS the plan recommends a priority plan for implementation of the Rapid Transit Expansion Study plan; and

 

WHEREAS the top priorities for implementation are extending the O-Train from South Keys to the Rideau Centre and from South Keys to Riverside South;

THEREFORE BE IT RESOLVED THAT Transportation Committee recommend that Council approve the above-mentioned priorities as City Council’s top priority for any Federal or Provincial Infrastructure type funding;

 

FURTHER BE IT RESOLVED THAT staff consider the above-mentioned priorities as candidates for any new financing arrangements proposed by the Province of Ontario; and

 

THAT Council’s number #1 transportation priority, the Rapid Transit Network (in accordance with the Rapid Transit Priority Plan) be communicated by the Mayor to the Prime Minister and the Minister of Finance, the Premier of Ontario and to all area MPs and MPPs and that their support of our priorities be solicited.

 

10. WHEREAS the southwest corridor to Centretown is under tremendous stress;

 

BE IT RESOLVED THAT Riverside South to Centretown be fast-tracked and if approvals, financing and equipment permit to bring it into service earlier than 2008.

 

MOTION NO. 49/6

 

Moved by Councillor C. Doucet

Seconded by Councillor W. Stewart

 

THAT the question be now put.

 

CARRIED with Councillor A. Cullen dissenting.

 

Item 2 of Transportation and Transit Committee Report 40 was then put to Council and CARRIED with Councillor G. Hunter dissenting.

 

 

Motion to Adopt Committee Reports

 

MOTION NO. 49/7

 

Moved by Councillor G. Hunter

Seconded by Councillor A. Munter

 

That Agriculture and Rural Affairs Committee Report 20, Corporate Services and Economic Development Committee Report 45, Emergency and Protective Services Committee Reports 31 and 32, Environmental Services Committee Report 25, Health, Recreation and Social Services Committee Report 39, Planning and Development Committee Report 45, and Transportation and Transit Committee Reports 39 and 40 be received and adopted as amended.

 

CARRIED

 

 

Motions Of Which Notice Has Been Given Previously

 

MOTION NO. 49/8

 

Moved by Councillor A. Cullen

Seconded by Councillor C. Doucet

 

WHEREAS the United Nations General Assembly, in Resolution A/RES/39/159, states "That all states take no actions aimed at military intervention and occupation, forcible change in or undermining of the socio-political system of states, destabilization and overthrow of their governments and, in particular, initiate no military action to that end under any pretext whatsoever and cease forthwith any such action already in progress;"

 

WHEREAS unilateral, pre-emptive military action without a legally valid United Nations Security Council resolution would violate Articles 2 and 51 of the United Nations Charter;

 

WHEREAS the United Nations Security Council is bound to act in accordance with the purposes and principles of the UN Charter to maintain international peace and can only authorize the use of limited force only when:

 

- there exists a proven threat to international peace and security;

- all peaceful means have failed to contain the identified threat; and

- use of force is necessary, proportionate to the threat and is in the common interest;

 

WHEREAS Canada's National Defence Act (1985) stipulates that Canada may engage in military action in the event that Canada or a NATO ally is attacked or pursuant to an action taken under the UN Charter;

 

WHEREAS a further war in Iraq would result in extensive death, injury and suffering to the Iraqi people;

 

WHEREAS many cities in North America have passed resolutions expressing opposition to the use of military force to compel a regime change in Iraq, including Vancouver (B.C.), Washington (D.C.), Seattle (Washington), Albuquerque (New Mexico), Santa Cruz (California), Ithaca (New York), Sante Fe (New Mexico), New Haven (Connecticut), Oakland (California), Ann Arbor (Michigan), and others;

 

THEREFORE BE IT RESOLVED that the Council of the City of Ottawa:

1. Re-affirm our support for the peaceful resolution of disputes in accordance with the UN Charter;

 

2. Oppose any Canadian Government support for unilateral, pre-emptive military action against Iraq not sanctioned by the UN Security Council;

 

3. Urge the Canadian Government to work with the United Nations for compliance by Iraq with UN Security Council resolutions concerning the disarmament of Iraq of weapons of mass destruction;

 

4. Urge the Canadian Government to actively support UN diplomatic efforts that support and encourage democracy and respect for human rights in Iraq;

 

AND THAT this resolution be sent to the Prime Minister of Canada, The Leader of the Opposition, the Minister of Foreign Affairs, the Minister of Defence, and local area Members of Parliament.

 

MOTION NO. 49/9

 

Moved by Councillor D. Deans

Seconded by Councillor J. Stavinga

 

THAT Councillor A. Cullen’s Motion (Motion No. 49/8) be amended to read as follows:

 

WHEREAS the United Nations General Assembly, in Resolution A/RES/39/159, states "That all states take no actions aimed at military intervention and occupation, forcible change in or undermining of the socio-political system of states, destabilization and overthrow of their governments and, in particular, initiate no military action to that end under any pretext whatsoever and cease forthwith any such action already in progress;"

 

WHEREAS unilateral, pre-emptive military action without a legally valid United Nations Security Council resolution would violate Articles 2 and 51 of the United Nations Charter;

 

WHEREAS the United Nations Security Council is bound to act in accordance with the purposes and principles of the UN Charter to maintain international peace and can only authorize the use of limited force only when:

 

- there exists a proven threat to international peace and security;

- all peaceful means have failed to contain the identified threat; and

- use of force is necessary, proportionate to the threat and is in the common interest;

 

WHEREAS Canada's National Defence Act (1985) stipulates that Canada may engage in military action in the event that Canada or a NATO ally is attacked or pursuant to an action taken under the UN Charter;

 

WHEREAS a further war in Iraq would result in extensive death, injury and suffering to the Iraqi people;

 

WHEREAS many cities in North America have passed resolutions expressing opposition to the use of military force to compel a regime change in Iraq, including Vancouver (B.C.), Washington (D.C.), Seattle (Washington), Albuquerque (New Mexico), Santa Cruz (California), Ithaca (New York), Sante Fe (New Mexico), New Haven (Connecticut), Oakland (California), Ann Arbor (Michigan), and others;

 

THEREFORE BE IT RESOLVED that the Council of the City of Ottawa:

 

1. Support the Canadian government efforts to seek a peaceful resolution in accordance with the UN Charter;

 

2. Support the Canadian government efforts to discourage a unilateral, pre-emptive military action against Iraq not sanctioned by the UN Security Council;

 

3. Support the Canadian government efforts to work with the United Nations for compliance by Iraq with UN Security Council resolutions concerning the disarmament by Iraq of weapons of mass destruction;

 

4. Support the Canadian Government in its continued dialogue with UN Security Council nations and UN diplomatic efforts that encourage democracy and respect for human rights in Iraq;

 

AND THAT this resolution be sent to the Prime Minister of Canada, The Leader of the Opposition, the Minister of Foreign Affairs, the Minister of Defence, and local area Members of Parliament.

 

MOTION NO. 49/10

 

Moved by Councillor R. Bloess

Seconded by Councillor H. Kreling

 

That the question be now put.

 

CARRIED on a division of 12 YEAS to 9 NAYS as follows:

 

Yeas (12): Councillors W. Stewart, P. Hume, H. Kreling, R. Bloess, D. Eastman,

G. Hunter, P. McNeely, M. Bellemare, S. Little, J. Stavinga, R. Chiarelli

And J. Harder.

 

Nays (9): Councillors E. Arnold, D. Thompson, A. Munter, C. Doucet, M. Meilleur,

A. Cullen, D. Deans, J. Legendre and Mayor Chiarelli.

 

Motion 49/9 was then put to Council and CARRIED on a division of 13 YEAS to 8 NAYS as follows:

 

Yeas (13): Councillors E. Arnold, A. Munter, P. Hume, H. Kreling, G. Hunter,

C. Doucet, M. Meilleur, P. McNeely, M. Bellemare, J. Stavinga, A. Cullen,

D. Deans and Mayor Chiarelli.

 

Nays (8): Councillors D. Thompson, W. Stewart, R. Bloess, D. Eastman, S. Little,

R. Chiarelli, J. Harder and J. Legendre.

 

 

Motions (Requiring Suspension of the Rules of Procedure)

 

MOTION NO. 49/11

Moved by Councillor A. Munter

Seconded by Councillor W. Stewart

 

THAT the Rules of Procedure be waived to consider and approve the following Motion:

 

WHEREAS recent statements by the Province of Ontario indicate that the City of Ottawa will be requested by the Province to fund portions of the original infrastructure costs undertaken at the time of the development of the Corel Centre lands;

 

AND WHEREAS it is evident that some of the capacity of this infrastructure provides benefit to development beyond the area of the Corel Centre lands (e.g. the widening of Huntmar Road and Terry Fox Drive);

 

AND WHEREAS the municipality is authorized to recover costs of growth-related infrastructure from benefiting future developments pursuant to the provisions of the Development Charges Act;

 

AND WHEREAS the City of Ottawa is currently in the process of preparing a new Development Charges By-law;

 

AND WHEREAS on September 27, 2000, Regional Council amended the Regional Official Plan (Amendment No. 9) to expand the “urban area” to include development that will benefit from the infrastructure installed at the time of the development of the Corel Centre lands;

 

THEREFORE BE IT RESOLVED THAT if the Province assumes the outstanding $21 million infrastructure obligation, staff be directed to include a consideration of the infrastructure improvements undertaken at the time of development of the Corel Centre lands as it is preparing its development charge study over the next year with the objective that all future benefiting owners pay a portion of those costs in accordance with the provisions of the Development Charges Act and that an appropriate share of these monies be transferred to the Province to compensate for their funding of a portion of the municipal infrastructure.

 

The Rules of Procedure were suspended on a division of 20 YEAS to 1 NAY as follows:

 

Yeas (20): Councillors E. Arnold, D. Thompson, A. Munter, W. Stewart, P. Hume,

H. Kreling, D. Eastman, G. Brooks, G. Hunter, C. Doucet, M. Meilleur,

P. McNeely, M. Bellemare, S. Little, J. Stavinga, D. Deans, R. Chiarelli,

J. Harder, J. Legendre and Mayor Chiarelli.

 

Nays (1): Councillor A. Cullen

 

Motion No. 49/11 was then put to Council and CARRIED.

 

MOTION NO. 49/12

 

Moved by Councillor P. Hume

Seconded by Councillor R. Chiarelli

 

THAT the Rules of Procedure be waived to consider and approve the following Motion:

 

WHEREAS the Ottawa Citizens’ Community Coalition has recommended that governments work to establish a level playing field for the Ottawa Senators including a possible adjustment to the property taxes levied;

 

THEREFORE BE IT RESOLVED THAT staff be directed to develop a report considering the rationale and options for adjusting the tax ratio for the professional sports facility property class for consideration by Committee and Council.

 

Waiving of the Rules of Procedure pursuant to was LOST pursuant to Section 1. (2) of Procedure By-law 2002-247 on a division of 13 YEAS to 7 NAY as follows:

 

Yeas (13): Councillors E. Arnold, D. Thompson, W. Stewart, P. Hume, H. Kreling,

R. Bloess, G. Brooks, M. Meilleur, P. McNeely, M. Bellemare, S. Little,

R. Chiarelli and Mayor Chiarelli.

 

Nays (7): Councillors G. Hunter, C. Doucet, J. Stavinga, A. Cullen, D. Deans,

J. Harder and J. Legendre.

 

MOTION NO. 49/13

 

Moved by Councillor J. Harder

Seconded by Councillor R. Bloess

 

THAT the Rules of Procedure be waived to consider and approve the following Motion:

 

WHEREAS the City and its partners are making every effort to ensure that the JUNO awards are the centre piece of a week long festival celebrating the very best in local and national musical entertainment;

 

AND WHEREAS the local entertainment and club sector will benefit greatly from the JUNO Festival;

 

AND WHEREAS pursuant to the Liquor Licence Act the hours of sale of liquor during events of municipal significance may be extended;

 

BE IT THEREFORE RESOLVED that the City of Ottawa request that the Provincial Alcohol and Gaming Commission grant permission to all bars and restaurants in the City of Ottawa to remain open on Friday, Saturday and Sunday nights April 4, 5 and 6, 2003, until 3 AM.

 

CARRIED

 

MOTION NO. 49/14

 

Moved by Councillor D. Deans

Seconded by Councillor E. Arnold

 

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

 

WHEREAS in 1908 the first Women’s Day was held in the United States, accompanied by large demonstrations in which women demanded political and economic rights for women, as well as the right to vote;

 

AND WHEREAS in 1910 women delegates from around the world met in Copenhagen to propose that Women’s Day become an internationally recognized event;

 

AND WHEREAS the first International Women’s Day was held in 1911;

 

AND WHEREAS in 1997, the United Nations officially called for all countries to mark a date for the recognition of women’s equality;

 

THEREFORE BE IT RESOLVED THAT Ottawa City Council declare March 8, 2003, to be International Women’s Day in the City of Ottawa.

 

CARRIED

 

 

Motion (Requested at the 12 February Council Meeting)

 

MOTION NO. 49/15

 

Moved by Councillor D. Deans

Seconded by Councillor A. Munter

 

THAT further to the Selection Panel recommendation for the Ottawa Public Library Board appointment considered by Council on Wednesday, 12 February;

 

BE IT RESOLVED THAT further to deliberations by the Selection Panel, Council approve the following appointments to the Ottawa Public Library Board: 

 

1. Ms. Tina Dewache as a member of the Board.  The term of office begins on Council approval of the appointment and ends December 31, 2003.

 

2.                  The following two (2) individuals be placed on a reserve list to be appointed to the Ottawa Public Library Board should a vacancy occur within this term.  The reserve capacity begins on Council approval and ends on December 31, 2003.

 

Mr. Richard Mayer (1st reserve)

Mr. Gus Este  (2nd reserve)

 

And that the reserve members be provided on a regular basis with all meeting materials provided to the Board members, and be invited to attend the Board meetings in a reserve, non-voting capacity.

 

CARRIED with Councillor A. Cullen dissenting.

 

 

Notices of Motion (For Consideration at Subsequent Meeting)

 

Moved by Councillor R. Bloess

Seconded by Councillor J. Harder

 

WHEREAS there is wide-spread consensus that the Ottawa Congress Centre should be expanded to be competitive in the convention business; and

 

WHEREAS the various interested parties (Province of Ontario, City of Ottawa, Government of Canada and the private sector) have indicated readiness to provide funding for the proposed $98.6 million expansion of the convention facility; and

 

WHEREAS Ottawa City Council mandated staff in March 2002 to meet with the Ottawa Congress Centre to pursue this effort; and

 

WHEREAS Ottawa City Council mandated staff to prepare a report following their meeting(s) with the Ottawa Congress Centre for the consideration of the Corporate Services and Economic Development Committee and Council; and

 

WHEREAS Ottawa City Council imposed restrictions on the source of any federal government contribution; and

 

WHEREAS staff was to report back to Committee and Council prior to the expiration of the 90-day “challenge” period (i.e. by April 29, 2002) on progress achieved to date; and

Whereas a year has now passed and progress is not evident;

 

THEREFORE BE IT RESOLVED that the mayor appoint a facilitator within two weeks to identify the outstanding obstacles to proceeding with expansion of the Congress Centre; and

 

THEREFORE BE IT FURTHER RESOLVED that the facilitator identify the funding sources within a thirty-day time frame of having been appointed, through consultation with the various stakeholders; and

 

THEREFORE BE IT FURTHER RESOLVED that the facilitator report back to council on the funding sources to be used by the City of Ottawa.

 

 

Moved by Councillor R. Bloess

Seconded by Councillor J. Harder

 

WHEREAS; the passage of the Amalgamation Act by the Province of Ontario effectively deleted the existence of the previous municipal corporations in the Ottawa region and;

 

WHEREAS, many members of the public have already voluntarily changed the municipal name on their mailing addresses on the assumption that this would be an automatic result of amalgamation, and;

 

WHEREAS, Canada Post has received requests from many businesses requesting authority to change corporate addresses to identify Ottawa as the name “Ottawa” has greater recognition internationally, and;

 

WHEREAS, Canada Post and various provincial and federal agencies have expressed interest in progressing to labelling the area as City of Ottawa, and;

 

WHEREAS, Canada Post has requested direction on a timetable for labelling the City;

 

THEREFORE BE IT RESOLVED THAT direction be given to Canada Post to unify the areas previously known as Nepean, Kanata, Vanier and Gloucester to mailing addresses under the City of Ottawa name immediately, and;

 

THEREFORE BE IT FURTHER RESOLVED THAT Canada Post be requested as well to provide a specific timeframe for the conversion of rural areas.

 

 

Moved by Councillor M. Meilleur

Seconded by Councillor P. McNeely

 

Asking Council to approve a motion asking the Mayor to send a letter to the Provincial Supervisor requiring him not to close two elementary schools in Rideau-Vanier Ward: York and Viscount Alexander.

 

 

Motion to Introduce By-laws Three Readings

 
MOTION NO. 49/16

 

Moved by Councillor G. Hunter

Seconded by Councillor A. Munter

 

That the following by-laws be enacted and passed:

 

2003-55                     A by-law of the City of Ottawa to dedicate and lay out certain lands as common and public highways – various parcels.

 

2003-56                     A by-law of the City of Ottawa to dedicate and lay out certain lands as common and public highways in the City of Ottawa (Southpark Drive).

 

2003-57                     A by-law of the City of Ottawa to dedicate and lay out certain lands as common and public highways in the City of Ottawa (Wildmeadow Circle).

 

2003-58                     A by-law of the City of Ottawa of the City of Ottawa to change the name of a municipal highway in the City of Ottawa (Weaver Crescent to Leverton Road).

 

2003-59                     A by-law of the City of Ottawa amending Zoning By‑law, 1998, being By-law Number 93-98 of the former City of Ottawa – 10 Dobbie Street.

 

2003-60                     A by-law of the City of Ottawa to amend By-law 2001-350 respecting bridge posting.

 

2003-61                     A by-law of the City of Ottawa to amend By-law 84-77 of former Rideau (5542 and 5548 First Line Road).

 

2003-62                     A by-law of the City of Ottawa to amend By-law 84-77 of former Rideau (7164 Harnett Road).

 

2003-63                     A by-law of the City of Ottawa to amend By-law 84-77 of former Rideau (3155, 3145, 3135 and 3125 Paden Road).

 

2003-64                     A by-law of the City of Ottawa to amend Zoning By-law No. 11/98 of the former Township of Rideau, to lift a holding zone in respect of 1966 Roger Stevens Road.

 

2003-65                     A by-law of the City of Ottawa to designate 1900 Scott Street, as being exempt from Part Lot Control.

 

2003-66                     A by-law of the City of Ottawa to designate certain lands on the north side of Abaca Way, as being exempt from Part Lot Control.

 

2003-67                     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, R.S.O. 1990, c.T.8;

 

2003-68                     A by-law to amend By-law 2001-208 to appoint certain Municipal Law Enforcement Officers with respect to parking infractions on City Streets and City Property.

 

2003-69                     A by-law of the City of Ottawa respecting compliance reports and associated fees in the Development Services Department.

 

2003-70                     A by-law of the City of Ottawa to set the instalment due dates and the interest and penalty rates applicable to the collection of property taxes for 2003.

 

2003-71                     A by-law of the City of Ottawa respecting participation in the Ontario Municipal Employees Retirement System.

 

2003-72                     A by-law of the City of Ottawa respecting participation by the Ottawa Public Library in the Ontario Municipal Employees Retirement System.

 

2003-73                     A by-law of the City of Ottawa amending By-law Number 2002 – 521 of the City of Ottawa (Private Roadways By-law) to add names of additional private roadways (WEST VILLAGE, BANK NOTE).

2003-74                     A by-law of the City of Ottawa amending By-law Number 2002 - 521of the City of Ottawa (Private Roadways By-law) to add names of additional private roadways (METROPOLE, BRIARWAY).

 

2003-75                     A by-law of the City of Ottawa amending Zoning By-law 74-79 of the old Corporation of the City of Kanata - 1785 Marchurst Road.

 

CARRIED

 

 

Confirmation By-law

MOTION NO. 49/17

 

Moved by Councillor G. Hunter

Seconded by Councillor A. Munter

 

THAT By-law 2003- 76 to confirm the proceedings of Council be enacted and passed.

 

CARRIED

 

 

Adjournment

 

Council adjourned the meeting at 4:01 p.m.

 

 

 

 

 

 

 

 

 

CITY CLERK

 

MAYOR