OTTAWA CITY COUNCIL 28 JANUARY 2004 ANDREW S. HAYDON HALL 1:30 p.m. MINUTES 5 The Council of the City of Ottawa met at Andrew S. Haydon Hall, 110 Laurier Avenue West, Ottawa, on 28 January 2004 at 1:30 p.m. The Mayor, Bob Chiarelli, presided and led Council in prayer. The National Anthem was performed by Jessica Radford, a student at the Nepean School of Music. Moment of Silence A Moment of Silence was observed in memory of Corporal Jamie Murphy, one of three Canadian soldiers killed in Afghanistan. Roll Call ALL MEMBERS WERE PRESENT EXCEPT COUNCILLOR J. LEGENDRE. Declarations of Interest Arising from Prior Meetings of Council and Committees See specific agenda items for declarations (Corporate Services and Economic Development Committee Reports 1 (Item 10) and Report 1A (Item 1)). Confirmation of Minutes The Minutes of the regular Council meeting of 14 January 2004 were confirmed. Communications No communications were filed. Regrets The following member of Council advised that he would be absent from the Council meeting on the date indicated: Councillor J. Legendre 28 January 2004 Motion to Introduce Committee Reports MOTION NO. 5/1 Moved by Councillor M. Bellemare Seconded by Councillor R. Bloess That Agriculture and Rural Affairs Committee Report 1, Corporate Services and Economic Development Committee Reports 1 and 1A (In Camera), Emergency and Protective Services Committee Report 1, Health, Recreation and Social Services Committee Report 1. Planning and Environment Committee Reports 2A, 2B (In Camera) and 3, Public Works, Transit and Infrastructure Services Committee Report 1, and Standing Committees - Joint Report 1 be received and considered. CARRIED AGRICULTURE AND RURAL AFFAIRS COMMITTEE REPORT 1 1. AGRICULTURE AND RURAL AFFAIRS COMMITTEE - APPOINTMENT OF AN ADDITIONAL MEMBER COMMITTEE RECOMMENDATION That Council approve the appointment of Councillor Rick Chiarelli to the Agriculture and Rural Affairs Committee. CARRIED CORPORATE SERVICES AND ECONOMIC DEVELOPMENT COMMITTEE REPORT 1 1. PUBLIC-PRIVATE PARTNERSHIP (P3 PROJECT) - OTTAWA PARAMEDIC SERVICE HEADQUARTERS COMMITTEE RECOMMENDATION That Council authorize staff to enter into negotiations with Forum Leasehold Partners Inc. for the design, construction, financing and operation of an Ottawa Paramedic Service Headquarters facility located at 2465 and 2495 Don Reid Drive. CARRIED on a division of 17 YEAS to 4 NAYS as follows: Yeas (17): Councillors M. McRae, J. Harder, D. Deans, J. Stavinga, H. Kreling, E. El-Chantiry, P. Feltmate, R. Bloess, R. Chiarelli, S. Little, G. Hunter, G. Bédard, D. Holmes, M. Bellemare, D. Thompson, P. Hume and Mayor Chiarelli. Nays (4): Councillors C. Doucet, G. Brooks, A. Cullen and R. Jellett. Item 1 of Corporate Services and Economic Development Committee Report 1 was then put to Council and CARRIED with Councillor A. Cullen dissenting. 2. UPDATE ON THE ETHANOL BLENDED DIESEL PROJECT COMMITTEE RECOMMENDATIONS That Council: 1. Receive this report for information. 2. Approve the withdrawal of City participation in the Canadian Renewable Fuels Association ethanol-blended diesel fuel project. 3. Approve City continued monitoring of bio-diesel fuel affordability. CARRIED 3. SINKING FUND LEVIES COMMITTEE RECOMMENDATION That Council receive this report for information. RECEIVED 4. DELEGATION OF AUTHORITY - CONTRACTS AWARDED FOR THE PERIOD JULY 1 TO SEPTEMBER 30, 2003 COMMITTEE RECOMMENDATION That Council receive this report for information. RECEIVED 5. TAXES - REMISSIONS - REPORT NO. 2, 2003 COMMITTEE RECOMMENDATIONS AS AMENDED That Council approve: 1. That in accordance with Sections 334, 354, 357 and 358 of the Municipal Act, taxes totalling $1,085,812.20 be cancelled, reduced or refunded in accordance with the list, entitled as Document 1. Authority - Sections 357 and 358 Amount Change in tax class $234,032.29 Property became exempt from taxation 127,851.61 Fire, demolition or otherwise 993,294.88 Mobile unit removed 427.57 Gross or manifest error 136,759.30 Unused due to renovations/repairs 82,229.40 Somerset Heights Business Improvement Area 806.27 Byward Market Business Improvement Area 1,979.08 Sparks Street Mall Business Improvement Area 1.18 Vanier Business Improvement Area 559.59 Capping/Phase-in Adjustments (-492,128.97) Tax Adjustments $1,085,812.20 as amended by the following: That the remission portion for the Ottawa School of Dance be deferred to a future report to the Committee. 2. That the "no recommendation" decisions on the list entitled Document 2 be approved. CARRIED 6. INSURANCE PROGRAM FOR 2004 COMMITTEE RECOMMENDATION That Council approve that the City of Ottawa increase the current deductible on its integrated insurance program from $1 million to $5 million and reduce the current liability coverage from $50 million to $25 million limits. These changes to be effective on February 1st, 2004. CARRIED with Councillor A. Cullen dissenting. 7. 2003 MUNICIPAL ACCESSIBILITY PLAN FOR THE CITY OF OTTAWA COMMITTEE RECOMMENDATIONS That City Council approve: 1. The City of Ottawa's draft 2003 Municipal Accessibility Plan and the strategy to develop an accompanying implementation plan to address the barrier issues raised; 2. The creation of a corporate interdepartmental Accessibility Steering Committee to work with the City of Ottawa's Accessibility Advisory Committee to monitor the City's progress on the Municipal Accessibility Plan throughout the year and ensure it is updated annually; 3. The creation of an email address, barrierfree@ottawa.ca/ accesfacile@ottawa.ca, which, in addition to 580-2400 and 580-2401 (TTY), will function as a single access point for citizens to ask questions, identify barriers, raise concerns, and offer suggestions on City of Ottawa accessibility issues; 4. The development of a City of Ottawa technical standards document that incorporates the latest Ontario Building Code (OBC) and Canadian Standards Association (CSA) accessibility technical standards, to be used as the City's tool to identify and remove barriers to accessibility. 5. The provision of the 2003 Municipal Accessibility Plan to the local Chambers of Commerce, the Ottawa Regional Society of Architects (ORSA), and local developers and builders to create awareness of City accessibility practices and standards within the business community. CARRIED 8. WINTERLUDE 2004 PRE-COMMITMENT FOR IN-KIND SUPPORT COMMITTEE RECOMMENDATIONS AS AMENDED That Council: 1. Authorize a contribution to a maximum of $160,000 of in-kind services, with the changes to the Sno-bus indicated in this report, to support the National Capital Commission and ensure the success of Winterlude 2004; 2. Eliminate the City of Ottawa's participation in Winterlude programming, budgeted in 2003 at $87,500, to create and execute the Snowscapes event. MOTION NO. 5/2 Moved by Councillor C. Doucet Seconded by Councillor A. Cullen That the City maintain its free Sno-bus service during this Winterlude Festival at a cost of $10,000. LOST on a division of 2 YEAS to 19 NAYS as follows: Yeas (2): Councillors C. Doucet and A. Cullen. Nays (19): Councillors M. McRae, G. Brooks, J. Harder, D. Deans, J. Stavinga, H. Kreling, E. El-Chantiry, R. Jellett, P. Feltmate, R. Bloess, R. Chiarelli, S. Little, G. Hunter, G. Bédard, D. Holmes, M. Bellemare, D. Thompson, P. Hume and Mayor Chiarelli. Item 1 of Corporate Services and Economic Development Committee Report 1 was then put to Council and CARRIED. 9. APPOINTMENT - ZONE REPRESENTATIVE ON ROMA COMMITTEE RECOMMENDATION That Council endorse Councillor Doug Thompson to stand for re-election as the Zone 8 Representative on the Board of Directors of the Rural Ontario Municipal Association (ROMA). CARRIED 10. CITIZENS' TASK FORCE ON COUNCIL REMUNERATION - TERMS OF REFERENCE COMMITTEE RECOMMENDATION That Council approve the Terms of Reference for the Citizens' Task Force on Council Remuneration attached as Document 1. DECLARATION OF INTEREST Councillor E. El-Chantiry declared an interest on this item as one of the appointees to the Citizens' Task Force on Council Remuneration is his first cousin. Councillor E. El-Chantiry did not take part in the discussion or vote on this item. Item 10 of Corporate Services and Economic Development Committee Report 1A was then put to Council and CARRIED with Councillor G. Hunter dissenting. 11. ALBION ROAD LAND ACQUISITION - FEDERAL SURPLUS PROPERTY PROGRAM COMMITTEE RECOMMENDATIONS That Council delegate authority to the General Manager of the People Services Department to proceed with negotiation and execution of the agreements necessary to transfer lands described as Blocks 137 and 138 on Subdivision Plan 4M-1206 from the federal government to the City of Ottawa for use in the Action Ottawa program, provided that: 1. The Lands can only be used for affordable housing development; 2. The Lands are to be transferred to the City for $1; and, 3. The required agreements allow for the timely development of affordable housing on the site under the Action Ottawa program. MOTION NO. 5/3 Moved by Councillor D. Deans Seconded by Councillor P. Hume THEREFORE BE IT RESOLVED THAT the following condition be added to the Corporate Services and Economic Development Item 11, Page 142: That staff be directed to identify in any RFP document issued for the subject site, the community concerns related to the density of development on this site. LOST on a division of 3 YEAS to 15 NAYS as follows: Yeas (3): Councillors D. Deans, G. Hunter and P. Hume. Nays (15): Councillors M. McRae, G. Brooks, J. Stavinga, A. Cullen, H. Kreling, E. El-Chantiry, R. Jellett, P. Feltmate, R. Bloess, R. Chiarelli, S. Little, G. Bédard, D. Holmes, M. Bellemare and Mayor Chiarelli. Item 11 of Corporate Services and Economic Development Committee Report 1 was then put to Council and CARRIED. CORPORATE SERVICES AND ECONOMIC DEVELOPMENT COMMITTEE REPORT 1A 1. APPOINTMENTS TO THE CITIZENS' TASK FORCE ON COUNCIL REMUNERATION COMMITTEE RECOMMENDATIONS AS AMENDED 1. That Council approve of the following appointments of individuals to the Citizens' Task Force on Council Remuneration. All members' terms to expire upon presentation of the final report to Corporate Services and Economic Development Committee and Council. A.D. (Tony) Boettger Alison Cunningham Peter Levesque Gary Ludington Omar Rashed 2. That Council approve that Gary Ludington be given a leave of absence from the Parks and Recreation Advisory Committee until the final report of the Citizens' Task Force on Council Remuneration is presented to Council in accordance with the City of Ottawa Appointments Policy. 3. That Council approve that the Citizens' Task Force on Council Remuneration consider the Selection Panel's endorsement of A.D. (Tony) Boettger as the Chair of the Task Force. DECLARATION OF INTEREST Councillor E. El-Chantiry declared an interest on this item as one of the appointees to the Citizens' Task Force on Council Remuneration is his first cousin. Councillor E. El-Chantiry did not take part in the discussion or vote on this item. Item 1 of Corporate Services and Economic Development Committee Report 1A was then put to Council and CARRIED. EMERGENCY AND PROTECTIVE SERVICES COMMITTEE REPORT 1 1. ANIMAL CONTROL TRIBUNAL COMMITTEE RECOMMENDATION AS AMENDED That Council that the following amendments to By-law 2003-77 respecting animal care and control be approved to take effect March 1, 2004: a) to reflect that the License Committee shall continue to act as the Animal Control Tribunal to hear appeals to muzzle orders pursuant to the by-law; b) to designate the Manager of Enforcement and Inspections, or his/her designate, or a representative of the Legal Services Branch, to represent the City for purposes of the appeal hearings; c) to designate the Manager of Enforcement and Inspections, or his/her designate, as the staff person responsible for the administrative functions related to muzzle orders and appeals to such orders. CARRIED 2. LICENSE COMMITTEE COMMITTEE RECOMMENDATIONS AS AMENDED That Council approve: 1. That the License Committee be reconvened and composed of three (3) members of the Emergency and Protective Services Committee (EPSC) with the balance of EPSC members being available to sit as necessary in the event of incapacity of one of the sitting members;. 2. That Councillors Shawn Little, Doug Thompson and Maria McRae be appointed to the License Committee, with Councillor Little to serve as its Chair and Councillor Thompson as its Vice chair; 3. That a regular meeting of License Committee be scheduled for 9:30 a.m. on the third Monday of every second month, commencing as soon as possible; and 4. That the By-law Services Branch, in consultation with the Legal Services Branch, provide to License Committee Members, prior to their first license status review, a training session and a License Committee manual. MOTION NO. 5/4 Moved by Councillor S. Little Seconded by Councillor M. McRae That the last line of recommendation 1 be changed to read as follows: "of the unavailability of one of the sitting members." CARRIED Item 2 of Emergency and Protective Services Committee Report 1 was then put to Council and CARRIED as amended by Motion No. 5/4. HEALTH, RECREATION AND SOCIAL SERVICES COMMITTEE REPORT 1 1. POVERTY ISSUES ADVISORY COMMITTEE - COMPREHENSIVE DENTAL PROGRAM COMMITTEE RECOMMENDATION AS AMENDED That Council endorse the Toronto Oral Health Coalition (TOHC ) campaign and direct the Health Department of People Services to liase with the Chair of TOHC, Dr. Hazel Stewart, Director of Oral Health for the City of Toronto, to explore avenues of collaboration to advance this initiative based on provincial funding sources. CARRIED with Councillor R. Chiarelli dissenting. 2. MOTION FROM OTTAWA COMMUNITY HOUSING BOARD RE COMMUNITY DEVELOPMENT MODELS TO ADDRESS SOCIAL ISSUES IN OCH COMMUNITIES COMMITTEE RECOMMENDATION That Council endorse the proposal from Ottawa Community Housing (OCH) for the City of Ottawa and OCH to jointly develop collaborative co-ordinated models of community development to address social needs and issues in Ottawa Community Housing communities. CARRIED PLANNING AND ENVIRONMENT COMMITTEE REPORT 2A 1. ZONING - 186 LYON STREET COMMITTEE RECOMMENDATION AS AMENDED No Committee Recommendation MOTION NO. 5/5 Moved by Councillor D. Deans Seconded by Councillor G. Hunter That Planning and Environment Report 2A, Item #1 be referred back to the Planning and Environment Committee in order to allow for a redesign of the building to address community concerns. CARRIED on a division of 11 YEAS to 10 NAYS as follows: Yeas (11): Councillors J. Harder, D. Deans, H. Kreling, E. El-Chantiry, R. Jellett, R. Bloess, R. Chiarelli, S. Little, G. Hunter, M. Bellemare and Mayor Chiarelli. Nays (10): Councillors M. McRae, C. Doucet, G. Brooks, J. Stavinga, A. Cullen, P. Feltmate, G. Bédard, D. Holmes, D. Thompson and P. Hume. 2. OFFICIAL PLAN AND ZONING - 1123 OLD MONTREAL ROAD COMMITTEE RECOMMENDATION That Council approve and adopt an amendment to the Rural Official Plan of the former City of Cumberland to redesignate 1123 Old Montreal Road from General Rural to Institutional, as detailed in Document 2 and amend the Zoning By-Law of the former City of Cumberland to change the zoning of 1123 Old Montreal Road from "General Rural - GR" to an "Institutional - I" exception zone as detailed in Document 3. CARRIED 3. OFFICIAL PLAN AND ZONING AMENDMENT - 412 NEPEAN STREET COMMITTEE RECOMMENDATIONS AS AMENDED That Council approve: 1. and adopt an amendment to Volume 2-A Secondary Plans, Centretown Secondary Plan of the Council Adopted Official Plan of the City of Ottawa, to redesignate 412 Nepean Street from Public/Institutional to Residential Medium Profile, as detailed in Document 2. 2. and adopt an amendment to the Centretown Secondary Policy Plan included within Volume II, Secondary Policy Plans of the Official Plan of the former City of Ottawa, to redesignate 412 Nepean Street from Public/Institutional to Residential Medium Profile as detailed in Document 3. 3. the application to amend the former City of Ottawa Zoning By-law, 1998, for 412 Nepean Street, from a Leisure (L3) to a Residential R5D H(15.0) exception zone to permit stacked townhouses, as detailed in Document 5 and shown on Document 1. 4. That the rezoning report for 412 Nepean Street be amended as follows: Under the heading DETAILS OF RECOMMENDED ZONING in Document 5, i) Item 4 is amended by replacing the word "garage" with the word "space". ii) Item 6 is amended by replacing the number "22" with the number "33". 5. That no further notice be provided pursuant to Section 34 (17) of the Planning Act RSO 1990 c. CARRIED 4. OFFICIAL PLAN - 1000 KLONDIKE ROAD - ZONING - 1000 KLONDIKE ROAD COMMITTEE RECOMMENDATIONS AS AMENDED That Council: 1. Approve and adopt an Official Plan Amendment to the former City of Kanata Official Plan to redefine and change the designation boundaries of 1000 Klondike Road and 129 Shirley's Brook Drive as detailed in Document 3. 2. Approve an amendment to the former City of Kanata Zoning By-Law to change the zoning of 1000 Klondike Road as detailed in Document 5. 3. Approve the following revisions to Documents 3 and 4: a. That "Document 3", Part B - THE AMENDMENT, Section 2.0 Details of the Amendment, clause 2 is hereby amended by deleting clause two in its entirety and substitute the following new clause 2: "That Schedule "B" - Urban Area - Land Use is hereby amended by changing the designation "RL" and "RM" on said Schedule "B" insofar as it applies to the lands identified on Schedule "A" to this Amendment, and substituting therefore the designation "RM" and "RL", respectively, as shown." b. That "Document 4" DETAILS OF RECOMMENDED ZONING be amended by adding the following new text prior to the existing text: "That By-law 164-93 be amended by adding a new Institutional (I) Section after Section 10 and before Section 11, and said new section shall be derived from and be identical to that of abutting Zoning By-law 161-93" 4. That no further notice be provided pursuant to Section 34 (17) of the Planning Act RSO 1990 c. CARRIED 5. ZONING - 4405 INNES ROAD COMMITTEE RECOMMENDATION That Council approve an amendment to the former City of Cumberland Urban Zoning By-Law to change the zoning of 4405 Innes Road from R1A (RAU) Block "G" to R1A (RAU) Block "G" Block "BB" as shown in Document 1 and detailed in Document 3. CARRIED 6. ZONING - 4233 FRANK KENNY ROAD COMMITTEE RECOMMENDATION That Council approve an amendment to the former City of Cumberland Rural Zoning By-Law to change the zoning of 4233 Frank Kenny Road from Agriculture - AGR to Agriculture - Exception Nine AGR-X9 to remove as a permitted use a single detached dwelling as shown in Document 1 and detailed in Document 2. CARRIED 7. ZONING - 330 COVENTRY ROAD COMMITTEE RECOMMENDATION That Council refuse an amendment to the former City of Ottawa Zoning By-Law, 1998, to modify the CE10 F(1.0) zoning of 330 Coventry Road to add carwash and gas station as permitted uses. MOTION NO. 5/6 Moved by Councillor D. Holmes Seconded by Councillor G. Bédard WHEREAS, Planning and Environment Committee endorsed the staff recommendation that City Council refuse an amendment to the former City of Ottawa Zoning By-law, 1998, to modify the CE 10 F (1.0) Zoning of 330 Coventry Road to add a carwash and gas station as permitted uses; WHEREAS, the proponents have approached the City to seek alternatives to the initial proposal and location of the gas station and carwash facilities; WHEREAS, staff have been requested to review and provide comment on these alternatives; THEREFORE BE IT RESOLVED that Council's consideration for this item is deferred until 25 February 2004 Council meeting. DEFERRAL CARRIED 8. ZONING - 501 AND 599 SMYTH ROAD COMMITTEE RECOMMENDATIONS AS AMENDED That Council: 1. Approve an amendment to the former City of Ottawa Zoning By-Law 1998 to add a new exception to the Major Institutional I2[233] F(1.5) zone for 501 Smyth Road, to add new exceptions to the Low Rise Apartment R5A and R5A[588] zones and to the Leisure Linkage L2[588] zone, and to create a new Leisure Linkage L2B[757] exception zone for 599 Smyth Road, to permit parking lot and right-of-way uses as detailed in Document 3 and shown in Documents 1 and 4.. 2. Approve that the report be amended by the following: a. That the text of the report be amended as follows: i. Under the heading "Existing Zoning", that a new sentence be added after the second sentence as follows: "The southeasterly edge of the 599 Smyth Road land is zoned L2B[757] Leisure Linkage Zone with an exception; the "B" adds utility installation to the list of permitted uses of the L2 zone, and the exception allows for uses accessory to uses permitted in abutting zones with certain conditions." ii. Under the heading "Proposed Zoning", that the second sentence be amended by replacing the words "L2 [588], Leisure Linkage Zone" with the words "L2 [588] and L2B[757] Leisure Linkage Zones " iii. Under the heading "DISCUSSION" at the end of the first sentence deleting the words "is 2021" and replacing them with "is between 2013 and 2021." b. That the "EXPLANATORY NOTE Document 2" be amended as follows: i. Under the heading "Current Zoning" after the second sentence of the first paragraph add the following sentence: "The southeasterly edge of the 599 Smyth Road land is zoned L2B[757] Leisure Linkage Zone with an exception; the "B" adds utility installation to the list of permitted uses of the L2 zone, and the exception allows for uses accessory to uses permitted in abutting zones with certain conditions." ii. Under the heading "Proposed Zoning" that the second sentence of the first paragraph be amended by replacing the words "L2 [588], Leisure Linkage Zone" with the words "L2 [588] and L2B[757] Leisure Linkage Zones " c. That the "DETAILS OF RECOMMENDED ZONING Document 3" be amended by numbering the contents of part 2, starting with "R5A to...", as "a)", and adding a part "b)" as follows: "b) L2B[757] to add requirements to exception 757 as noted below: Exception 757: - Parking lot and right-of-way providing access to the parking lot are permitted uses at 599 Smyth Road. - Parking spaces provided within Area "A" on the proposed schedule, and indicated on Document 4 of this report, may be used to fulfill parking requirements for development occurring subsequent to February 29, 2004 at 501 Smyth Road." d. That the "CONSULTATION DETAILS, Document 5" be amended as follows: i. Faircrest Heights Community Association Comments, Third Response - in the first sentence of the third paragraph delete the words "of 2021" and replace them with "of between 2013 and 2021" ii. Alta Vista Drive Resident's Association Comments, Second Response - in the second sentence, delete the words "after 2021, well beyond the anticipated lease period" and replace them with "of between 2013 and 2021, and within that time frame no works are anticipated until after the anticipated lease period." 3. That no further notice be provided pursuant to Section 34 (17) of the Planning Act RSO 1990 c. CARRIED 9. ZONING - 502 ROCHESTER STREET COMMITTEE RECOMMENDATION That Council approve an amendment to Zoning By-law 1998, of the former City of Ottawa, to change the zoning of 502 Rochester Street from R5D, Low-Rise Apartment to R5D [890], Low-Rise Apartment, Exception, to permit a house -form restaurant as shown in Document 1. CARRIED 10. ZONING - 847 IVANHOE AVENUE COMMITTEE RECOMMENDATION That Council approve an amendment to the former City of Ottawa Zoning By-law (1998) to add an exception to the R2C - Semi-Detached House Zone applying to 847 Ivanhoe Avenue to allow a triplex house as an additional permitted use and to reduce the required from three parking spaces to two parking spaces as detailed in Document 3. CARRIED with Councillor A. Cullen dissenting. 11. ZONING - 1785 MARCHURST ROAD COMMITTEE RECOMMENDATION That Council approve an amendment to the former City of Kanata Zoning By-Law to change the zoning of 1785 Marchurst Road from Open Space - OS to Rural Residential - RR to permit residential uses as shown in Document 1. CARRIED 12. ZONING - 2405 MARCH ROAD COMMITTEE RECOMMENDATION That Council approve an amendment to the former Township of West Carlton Zoning By-Law to change the zoning of 2405 March Road from Rural Commercial Zone (CR) to Rural Commercial Exception Zone 33 (CR-33) to permit self storage warehouse units as detailed in Document 3 and shown in Document 1. CARRIED 13. APPLICATION TO ALTER 193 LANSDOWNE ROAD, A PROPERTY DESIGNATED UNDER PART V OF THE ONTARIO HERITAGE ACT COMMITTEE RECOMMENDATION That Council approve the application to alter the Graham House, 193 Lansdowne Road, in accordance with the plans filed by Julian Smith, Architect, received on November 20, included as Document 2. CARRIED 14. HERITAGE PLAQUE PROGRAM COMMITTEE RECOMMENDATION That Council approve that seven heritage plaques be installed on selected designated heritage buildings throughout the city in 2004 as listed in Document 1. CARRIED 15. STREET CLOSURE - 938 GLADSTONE AVENUE COMMITTEE RECOMMENDATIONS AS AMENDED That Council approve: 1. The Road Closing Application, submitted by the Real Property Asset Management Branch of the City of Ottawa, subject to those conditions included in Document 1. 2. That the pedestrian / cycle path beside the O-Train track be maintained in its general present location as part of the redevelopment of the site. CARRIED 16. SIGNS BY-LAW MINOR VARIANCE - 835 CARLING AVENUE COMMITTEE RECOMMENDATION That Council approve a Minor Variance to Signs By-law 36-2000, of the former Ottawa, to permit a main pylon identification sign to be installed 0.1 metres from the front property line instead of the 2 metre required setback and allow a new information ground sign with an area of 1.3 square metres instead of the maximum allowed area of 1.0 square metres, with a 0.1 metres setback from the front property line instead of 2 metres. CARRIED 17. SIGNS MINOR VARIANCE - 1980 BANK STREET COMMITTEE RECOMMENDATION That Council approve a Minor Variance to Signs By-law 36-2000, of the former City of Ottawa, to permit a main pylon identification sign to be installed 0.3 metres from the front property line instead of the 2 metre required setback and to be 4 metres from a traffic signal head light instead of the minimum required distance of 8 metres, provided that the sign is installed at a height no greater than 3 metres. CARRIED 18. STREET NAME CHANGE - WELLINGTON STREET (MIDDLE SECTION - ALBERT/BAYVIEW) COMMITTEE RECOMMENDATIONS That the Council enact a by-law to change the name of: 1. "Wellington Street" between Albert Street and Bayview Road to"Albert Street". 2. "Champagne Street N" between Wellington Street and Somerset Street W. to "City Centre Avenue". CARRIED 19. DEPARTMENT NAME CHANGE - DEVELOPMENT SERVICES DEPARTMENT COMMITTEE RECOMMENDATION That Council approve that the Development Services Department be renamed the "Planning and Development Department". CARRIED PLANNING AND ENVIRONMENT COMMITTEE REPORT 2B 1. LACAC'S HERITAGE DAY PRIZE - SELECTION OF WINNER COMMITTEE RECOMMENDATION That Council approve the selection of the winner outlined in Document 1. CARRIED PLANNING AND ENVIRONMENT COMMITTEE REPORT 3 1. ZONING - 45 SPENCER AVENUE COMMITTEE RECOMMENDATION AS AMENDED That Council approve an amendment to the former City of Ottawa Zoning By-Law 1998 to change the zoning of 45 Spencer Avenue from a Small Scale Industrial IS [653] F(1.0) H(13.5) Zone, to a Residential/Service Commercial R7 Exception Zone with a height schedule to permit a four storey and eight storey residential building with at-grade commercial uses as detailed in Document 3 and shown in Document 5, subject to the following amendment: 1. That the "DETAILS OF RECOMMENDED ZONING Document 3" be amended by adding the following: "10. That office use is permitted." "11. That no visitor parking is required for the proposed development." "12. That no parking be required for the commercial uses." "13. That a minimum of 0.5 parking space per unit be provided and that a maximum of 55 parking spaces be provided for the proposed development." 2. That no further notice be provided pursuant to Section 34 (17) of the Planning Act RSO 1990 c. CARRIED PUBLIC WORKS, TRANSIT AND INFRASTRUCTURE SERVICES COMMITTEE REPORT 1 1. NORTH-SOUTH CORRIDOR LRT PRIORITY PROJECT ENVIRONMENTAL ASSESSMENT - STATEMENT OF WORK COMMITTEE RECOMMENDATION That Council receive the Statement of Work for the North-South Corridor LRT Priority Project Environmental Assessment. RECEIVED with Councillors G. Hunter and S. Little dissenting. STANDING COMMITTEES - JOINT REPORT 1 1. AGRICULTURE AND RURAL AFFAIRS COMMITTEE - TERMS OF REFERENCE AND MANDATE REVIEW COMMITTEE RECOMMENDATION That Council approve the Committee's Terms of Reference as outlined in Document 1. CARRIED 2. CORPORATE SERVICES AND ECONOMIC DEVELOPMENT COMMITTEE - TERMS OF REFERENCE COMMITTEE RECOMMENDATION That Council approve the Committee's Terms of Reference as outlined in Document 1. CARRIED 3. EMERGENCY AND PROTECTIVE SERVICES COMMITTEE - TERMS OF REFERENCE COMMITTEE RECOMMENDATION AS AMENDED That Council approve the Committee's Terms of Reference as outlined in Document 1, and as amended by the following: That all references to the Emergency Medical Services Branch be changed to read "Ottawa Paramedic Service". CARRIED 4. PLANNING AND ENVIRONMENT COMMITTEE - TERMS OF REFERENCE COMMITTEE RECOMMENDATION That Council approve the Committee's Terms of Reference as outlined in Document 1. CARRIED 5. PUBLIC WORKS, TRANSIT AND INFRASTRUCTURE SERVICES COMMITTEE - TERMS OF REFERENCE COMMITTEE RECOMMENDATIONS AS AMENDED That Council approve: 1. The name change of the Committee from the Public Works, Transit and Infrastructure Services Committee to the "Transportation Committee"; and 2. The Committee's Terms of Reference as outlined in Document 1, and as amended by the following: WHEREAS the Planning, Environment and Infrastructure Policy Branch of the Development Services Department is also responsible for bringing forward transportation planning issues (and not just transportation policy issues) to this committee for consideration, be it resolved that the Terms of Reference's General Responsibilities section, item 2 be renumbered to item 2 (a) and that the following be added: 2 (b) Provide overall guidance and direction to the Development Services Department with regard to transportation planning and policy issues. Furthermore, that item 1 (b) be amended to include "...transportation planning and policy issues..." CARRIED Motion to Adopt Committee Reports MOTION NO. 5/7 Moved by Councillor M. Bellemare Seconded by Councillor P. Feltmate That Agriculture and Rural Affairs Committee Report 1, Corporate Services and Economic Development Committee Reports 1 and 1A (In Camera), Emergency and Protective Services Committee Report 1, Health, Recreation and Social Services Committee Report 1. Planning and Environment Committee Reports 2A, 2B (In Camera) and 3, Public Works, Transit and Infrastructure Services Committee Report 1, and Standing Committees - Joint Report 1 be received and adopted as amended. CARRIED Notices of Motion (For Consideration at Subsequent Meeting) Moved by Councillor El-Chantiry Seconded by Councillor R. Jellett WHEREAS the local beef and dairy farming community has been severely impacted by the effects on the industry of "mad cow disease" causing significant financial shortfalls for the farmers; AND WHEREAS the ability of those farmers to meet property tax payments as they become due has likewise been impacted; AND WHEREAS the City of Ottawa wishes to be a partner to the local beef and dairy farming community; THEREFORE BE IT RESOLVED that a program be established that would allow for the waiver of the penalty and interest on unpaid property taxes for up to a two year period for bona fide beef and dairy farmers for the farm property that supports the beef and dairy farming operation (including their principal residence on any such farm property) and that staff bring forward to Council the details of how such a program would be established. Motions (Requiring Suspension of the Rules of Procedure) MOTION NO. 5/8 Moved by Councillor A. Cullen Seconded by Councillor J. Stavinga THAT the Rules of Procedure be suspended in order to consider and approve the following Motion: That Ottawa City Council ask the new McGuinty government to immediately review the current property assessment system and to correct a number of the injustices that are occurring and to immediately review the so-called "tax fairness legislation" that is mandating municipalities to shift the tax burden from multi-residential/industrial/commercial to residential properties, and That this resolution be sent to area MPPs, the Association of Municipalities of Ontario, MPAC, the Institute of Municipal Assessors and all Ontario municipalities for endorsement and support. CARRIED MOTION NO. 5/9 Moved by Councillor J. Stavinga Seconded by Councillor G. Hunter WHEREAS the Public Libraries Act requires Board members to be appointed within 60 days after the first meeting of a new term of Council; AND WHEREAS interviews were only held on January 23, 2004; BE IT RESOLVED that the Rules of Procedure be waived in order to consider the following recommendations to appoint members to the Ottawa Public Library Board. 1. That Council approve the following appointments to the Ottawa Public Library Board. The term of office begins on appointment and ends November 30, 2006. Robert Darling Stephen Desroches Tina Dewache Royal Galipeau Susan Norquay Linda Sonley Karyn Standen Pamela Sweet 2. That the following individuals be placed on a reserve list to be appointed to the Ottawa Public Library Board should a vacancy occur within this term. Michael Duffy (1st reserve) Diana Gauthier (2nd reserve) CARRIED MOTION NO. 5/10 Moved by Councillor D. Holmes Seconded by Councillor G. Bédard THAT the Rules of Procedure be waived to consider and approve the following Motion: WHEREAS Council Motion 48/2 carried on February 12, 2003 states in part "...that City Council approve the application submitted by Standard Life for a Zoning By-law Amendment to permit a temporary surface parking lot for a period of 3 years, subject to Standard Life entering into an operating agreement with the City to operate the surface parking lot..."; AND WHEREAS Council Motion 48/2 also states in part "...this amendment not be brought forward until the operating agreement between the City and the applicant is finalized and executed."; AND WHEREAS Standard Life has recently sold the property to Northam Realty Advisors Limited; AND WHEREAS the new property owner and the City of Ottawa have now entered into an agreement for the operation of the parking lot; THEREFORE BE IT RESOLVED THAT Motion 48/2 of February 12, 2003 be amended by replacing the second occurrence of the words "Standard Life" and the words "the applicant" with the words "the property owner" as shown on Attachment 1. Attachment 1 MOTION NO. 48/2 as amended Moved by Councillor E. Arnold Seconded by Councillor P. Hume WHEREAS on Monday, November 25, 2002, the applicant submitted a request to revise their proposal for 234-250 Slater Street, which would allow for a parking lot to be operated at the City's short-term parking rate structure; AND WHEREAS City staff and the Ward Councillor have met with the applicants to discuss this proposal; AND WHEREAS the applicant has confirmed their intent to enter into an agreement with the City to provide short-term parking at City rates on this site; THEREFORE BE IT RESOLVED that City Council approve the application submitted by Standard Life for a Zoning By-law Amendment to permit a temporary surface parking lot for a period of 3 years, subject to the property owner entering into an operating agreement with the City to operate the surface parking lot for the period of the temporary zoning at short-term City rates with the conditions of the agreement being to the satisfaction of the Director of Planning and Infrastructure Approvals, the Director of Traffic and Parking Operations and the Ward Councillor, and that the implementing by-law for this amendment not be brought forward until the operating agreement between the City and the property owner is finalized and executed. CARRIED By-laws Three Readings MOTION NO. 5/11 Moved by Councillor M. Bellemare Seconded by Councillor R. Bloess That the following by-laws be enacted and passed: 2004-14 A by-law of the City of Ottawa to amend By-law 2002 - 4, being the Site Plan Control By-law, 2002. 2004-15 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. 2004-16 A by-law of the City of Ottawa to designate 2583 and 2593 Brickland Drive, as being exempt from Part Lot Control. 2004-17 A by-law of the City of Ottawa to designate 4004 Otter Tail Crescent, as being exempt from Part Lot Control. 2004-18 A by-law of the City of Ottawa to designate 2227 Mondavi Street, as being exempt from Part Lot Control. 2004-19 A by-law to repeal by-law No. 2003-608 and to dedicate and lay out certain lands as common and public highways in the City of Ottawa (Valin Street, Onyx Way, Habitat Terrace and Jersey Street). 2004-20 A by-law of the City of Ottawa to amend the Zoning By-law, 1998, being By-law Number 93-98 of the old City of Ottawa - 234-250 Slater Street. 2004-21 A by-law of the City of Ottawa to amend the March Community Zoning By-law being By-law Number 74-79 of the former City of Kanata - 1785 Marchurst Road. 2004-22 A by-law of the City of Ottawa to amend the Zoning By-law, 1998, being By-law Number 93-98 of the old City of Ottawa - 501 and 599 Smyth Road. 2004-23 A by-law of the City of Ottawa to amend the Urban Zoning By-law, being By-law No. 1-84 of the former City of Cumberland - 4405 Innes Road. 2004-24 A by-law of the City of Ottawa to amend By-law No. 84-77, as amended, a by-law of the former Corporation of the Township of Rideau - 2340 Dilworth. 2004-25 A by-law of the City of Ottawa to amend By-law No. 266 of 1981, as amended, a by-law of the former Corporation of the Township of West Carleton - 2405 March Road. 2004-26 A by-law of the City of Ottawa to amend the Rural Zoning By-law, being By-law No. 64-82 of the former City of Cumberland - 4233 Frank Kenny. 2004-27 A by-law of the City of Ottawa to amend the Zoning By-law, 1998, being By-law Number 93-98 of the old City of Ottawa - 412 Nepean Street. 2004-28 A by-law of the City of Ottawa to adopt an amendment to the official plan of the former City of Cumberland - 1123 Old Montreal Road. 2004-29 A by-law of the City of Ottawa to amend The City of Cumberland Comprehensive Rural Zoning By-law, being By-law 64-82 of the former City of Cumberland - 1123 Old Montreal Road. 2004-30 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 - 847 Ivanhoe Avenue. 2004-31 A by-law of the City of Ottawa to amend Zoning By-law, 1998, being By-law No. 93-98 of the former City of Ottawa - 502 Rochester Street. 2004-32 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 - 45 Spencer Street. 2004-33 A by-law of the City of Ottawa to amend By-law No. 2001 - 208 entitled, "A by-law of the City of Ottawa to appoint certain Municipal Law Enforcement Officers with respect to parking infractions on City Streets and City Property". 2004-34 A by-law of the City of Ottawa to amend By-law No. 2001 - 468 entitled "A by-law of the City of Ottawa to appoint Municipal Law Enforcement Officers in accordance with the private property parking enforcement program". CARRIED Confirmation By-law MOTION NO. 5/12 Moved by Councillor M. Bellemare Seconded by Councillor R. Bloess THAT By-law 2004 - 35 to confirm the proceedings of Council be enacted and passed. CARRIED Adjournment Council adjourned the meeting at 4:07 p.m. CITY CLERK MAYOR 23 OTTAWA CITY COUNCIL MINUTES 5 28 JANUARY 2004