OTTAWA CITY COUNCIL 9 JUNE 2004 ANDREW S. HAYDON HALL 1:30 p.m. MINUTES 14 The Council of the City of Ottawa met at Andrew S. Haydon Hall, 110 Laurier Avenue West, Ottawa, on 9 June 2004 at 1:30 p.m. The Mayor, Bob Chiarelli, presided and led Council in prayer. The National Anthem was performed by la chorale de l'École des Pins. Announcements/Ceremonial Activities PROCLAMATION ST. MATTHEW CATHOLIC HIGH SCHOOL DAY On behalf of City Council, Councillors R. Chiarelli and H. Kreling presented the Mayor's proclamation for St. Matthew Catholic High School Day to Mr. André Potvin, School Principal, and Mr. Pat McNulty, Head of Student Services, and certificates of recognition to Monique Amyot and Leo Lafreniere, Co-Chairs of The Force in recognition of their joint efforts in organizing the world's largest group hug to raise awareness and funds for cancer research. On April 23, 2004, 5,117 people hugged for approximately 37 seconds and raised $108,000 for the Ottawa Regional Cancer Centre. Roll Call ALL MEMBERS WERE PRESENT. Confirmation of Minutes The Minutes of the regular Council meeting of 26 May 2004 were confirmed. Declarations of Interest Arising from Prior Meetings of Council and Committees See specific agenda items for declaration (Motions of Which Notice Has Been Given Previously). Communications The following Communications were received by Council: 1. From the Arts, Heritage and Culture Advisory Committee recommending that a revised Request for Offers of Purchase or appropriate process be developed for 150 Elgin Street/31 Gloucester Street. 2. From the Deputy City Manager, Public Works and Services, responding to Motion No. 13/17 approved at the Council meeting of May 26, 2004 respecting costs for the City to consider to provide curbside waste and recycling collection, diversion and disposal for those commercial businesses that currently meet the residential garbage limit at no cost to the city. Regrets No regrets were filed. Postponements and Deferrals HEALTH, RECREATION AND SOCIAL SERVICES COMMITTEE REPORT 4 6. SPORTSFIELD STRATEGY COMMITTEE RECOMMENDATIONS AS AMENDED That Council: 1. Approve the proposed framework to develop and improve sports fields to meet existing and future needs; 2. Approve the proposed population ratios for major sportsfields (outlined in Attachment A) as a guideline for development; 3. As part of the City's strategy to develop and improve sportsfields, direct staff to seek, where possible, partnerships with school boards, user groups and the private sector to contribute funding for the development and improvement of sports fields. MOTION NO. 11/16 Moved by Councillor R. Jellett Seconded by Councillor M. McRae WHEREAS at its February 19, 2004 meeting, HRSSC deferred the vote on the City's Sportsfield Strategy and referred the staff report to the PRAC for further review and comment; WHEREAS in accordance with its mandate, and for the second time on this strategy, PRAC undertook considerable work to research, analyze, and provide additional comments, information and advice in a professional and positive manner to assist HRSSC in its decision-making process; WHEREAS at its April 25, 2004 meeting, HRSSC did not address or substantively discuss the many questions, concerns and comments raised in the March 23, 2004 "PRAC Response to Sportsfield Strategy" document, but instead voted to refer the staff report to full Council with only one minor amendment; WHEREAS PRAC members are increasingly and extremely frustrated at not being appropriately consulted, informed and involved in this and other policy and strategy development exercises; BE IT RESOLVED that: 1. City Council defer the vote on the Sportsfield Strategy to the May 26th meeting of Council; 2. People Services staff, along with Councillors Holmes, McRae and Jellett, meet directly with PRAC in order to discuss, address and respond to PRAC's questions and concerns as detailed in the above-mentioned report. CARRIED on a division of 18 YEAS to 3 NAYS as follows: Yeas (18): Councillors E. El-Chantiry, A. Cullen, D. Deans, M. McRae, R. Jellett, C. Doucet, P. Feltmate, H. Kreling, G. Brooks, D. Holmes, R. Bloess, S. Little, M. Bellemare, D. Thompson, J. Legendre, P. Hume, J. Harder and Mayor Chiarelli. Nays (3): Councillors G. Bédard, J. Stavinga and R. Chiarelli. MOTION NO. 12/17 Moved by Councillor D. Holmes Seconded by Councillor S. Little That the Rules of Procedure be suspended to consider the following motion: WHEREAS on April 28, 2004, City Council deferred its consideration of the Sportsfield Strategy to the May 26th meeting of Council in order to allow People Services staff, along with Councillors Holmes, McRae and Jellett, to meet directly with Parks and Recreation Advisory Committee in order to discuss, address and respond to PRAC's questions and concerns as detailed in the above mentioned report; AND WHEREAS the meeting cannot be scheduled between all required parties prior to May 26; THEREFORE BE IT RESOLVED that the Sportsfield Strategy report be deferred until this meeting has occurred. CARRIED with Councillors P. Feltmate and J. Stavinga dissenting. Item 6 of Health, Recreation and Social Services Committee Report 4 was then put to Council and CARRIED. CORPORATE SERVICES AND ECONOMIC DEVELOPMENT COMMITTEE REPORT 9 3. OFFERS TO PURCHASE - 150 ELGIN / 31 GLOUCESTER COMMITTEE RECOMMENDATIONS AS AMENDED That Council approve: 1. The Delegation of authority to the General Manager of Corporate Services to negotiate and execute an Agreement of Purchase and Sale with Morguard Corporation, as set out in this report and based on the "Offer To Purchase" dated 30 January 2004 that was submitted on behalf of Morguard Corporation by Morguard Investments Limited and attached as Annex D (on file with the City Clerk), for the land and building described as Part of Lot 52, Lots 53 to 57, Plan 4556, North Gloucester Street, municipally known as 150 Elgin/31 Gloucester Street ("Friday's Roast Beef House" and adjacent City public parking lot property); 2. A new Lease with Ken Dolan Incorporated (Friday's Roast Beef House) for 150 Elgin (The Grant House) for a 10-year term from 1 January 2004 to 31 December 2013 in accordance with the terms attached to this report as Annex C; 3. That, as a condition of sale of the property, Morguard will undertake to work in collaboration with the City's cultural staff and the arts community to develop affordable live/work space for artists within the artists' loft development, and a professionally designed performing arts venue that meets a documented need in the community. 4. That Morguard be encouraged to voluntarily work with cultural services staff within the 1% for Art policy to commission a public art project valued at $60,000 for this site. 5. That staff be directed to include criteria in the Agreement of Purchase and Sale to ensure the intended use of the artists' lofts for art related activities, is given first priority. MOTION NO. 12/5 Moved by Councillor D. Holmes Seconded by Councillor E. El-Chantiry That City Council resolve In Camera respecting Corporate Services and Economic Development Committee Report 9, Item 3,pursuant to Section 13(1), subsection c) A proposed or pending acquisition or disposition of land for the purposes of the City; and f) the receiving of advice that is subject to solicitor-client privilege, including communications necessary for that purpose of Procedure Bylaw 2003-589. CARRIED IN CAMERA SESSION IN OPEN COUNCIL MOTION NO. 12/6 Moved by Councillor P. Hume Seconded by Councillor E. El-Chantiry BE IT RESOLVED THAT the consideration of Corporate Services and Economic Development Committee Report 9, Item 3 be deferred to the June 9, 2004 Council meeting to permit the submission of a staff report which will address: 1) All options available to Council, including Councillor D. Holmes' proposed option to reject the RFOP process with a revised RFOP which will include public consultation on the terms of reference and shortlist designs which would include, as a minimum: the preservation of the Grant House; the provision of 120 public parking spaces; a 25% affordable housing component; a design-built mid-size performance space as identified in the Arts and Heritage Master Plan and that the RFOP not preclude a library component with municipal archives and municipal art gallery; 2) The risks involved in all the options outlined in 1; 3) Financial ramifications of the options; 4) Clear costing of all public benefits involved in the options subject to an extension of the agreements of purchase and sale; And that in the interim a public meeting will be held to explain the details of each proposal received and the evaluation of each. CARRIED MOTION NO. 14/1 Moved by Councillor D. Holmes Seconded by Councillor P. Hume WHEREAS the above-noted matter was deferred at the City Council meeting of May 12, 2004 in order to seek additional public consultation; AND WHEREAS a public meeting was held on June 3, 2004 and further input was obtained on this matter; AND WHEREAS the subsequent work on this issue has progressed whereby staff are prepared to develop recommendations that incorporate much of the feedback received to date; AND WHEREAS the revised staff report on this item should be considered at a public meeting for further public input on these staff recommendations; THEREFORE BE IT RESOLVED THAT the above-noted matter be referred to the Corporate Services and Economic Development Committee meeting of June 15, 2004 and to City Council on June 23, 2004. REFERRAL CARRIED PLANNING AND ENVIRONMENT COMMITTEE REPORT 10 2. OFFICIAL PLAN, ZONING AND DRAFT PLAN OF SUBDIVISION - 300 GOULBOURN FORCED ROAD AND 535 GOULBOURN FORCED ROAD COMMITTEE RECOMMENDATIONS AS AMENDED That Council approve: 1. An amendment to the former City of Kanata Official Plan to shift boundaries of current land-use designations of 300 Goulbourn Forced Road and 535 Goulbourn Forced Road, as shown in Document 3, as amended by the following: To include Schedule B to the Official Plan Amendment being an amendment to Schedule C of the Former City of Kanata Official Plan. 2. An amendment to remove the land at 300 Goulbourn Forced Road and 535 Goulbourn Forced Road from the former March Township Zoning By-law No. 552 and amend former City of Kanata Zoning By-law 167-93 to zone the land "Residential Type 3A-10", "Residential Type 3A-9", "Residential Type 6A-1", "General Commercial-1", "Institutional-1" and Open Space-1" as detailed in Document 4. 3. The active park be reduced by three acres by sharing parking and playing fields with the adjacent schools and that the three acres of open space be added to the NEA lands north of the West Block. 4. The Solandt Road connection be reflected in the Plan of Subdivision until such time as a formal traffic study confirms that it is not required. And that the necessary amendments be made to the Official Plan, Plan of Subdivision and the zoning details. And that no further notice be provided pursuant to Section 34(17) of the Planning Act. MOTION NO. 13/8 Moved by Councillor P. Feltmate Seconded by Councillor J. Stavinga WHEREAS the agreement between the former City of Kanata and the original developer required that 40% of the land in the Marchwood Lakeside (Kanata Lakes) development be open space; AND WHEREAS this agreement is the basis for the open space requirements that the developer is required to meet; AND WHEREAS there is doubt about whether areas of blocks 129, 130 and 131 in Kanata were meant to be considered as part of the 40%; AND WHEREAS Legal Services have not yet been able to provide an definite opinion on this question; AND WHEREAS there are a number of technical issues that were left outstanding by Planning and Environment Committee that would need to be resolved through amendments to the report; AND WHEREAS the cumulative effect of these issues could be significant changes to what is being proposed in the report; THEREFORE BE IT RESOLVED that Council defer consideration of "Approval of the Official Plan, Zoning and Draft Plan of Subdivision - 300 Goulbourn Forced Road and 555 Goulbourn Forced Road" be deferred until June 9th so staff, the proponent and the ward councillor can resolve the legal status of 4.46 acres in lots 129, 130 and 131 in Marchwood Lakeside (Kanata Lakes) development and the outstanding technical questions. DEFERRAL CARRIED MOTION NO. 14/2 Moved by Councillor P. Feltmate Seconded by Councillor J. Stavinga That in the Conditions of Draft Plan of Subdivision Approval, a new condition be added to read as follows: "The owner shall conduct a pre-blast survey prior to the commencement of construction and shall conduct monitoring during construction including the monitoring for any impacts on existing dwellings located at 605 and 560 Goulbourn Forced Road." CARRIED MOTION NO. 14/3 Moved by Councillor P. Feltmate Seconded by Councillor J. Stavinga That in the Conditions of Draft Plan of Subdivision Approval, a new condition be added to read as follows: "The Owner agrees to install, at its sole cost, municipal water connections to the existing dwellings at 605 and 560 Goulbourn Forced Road, in existence as of June 9, 2004, once such service reaches a point along the frontage of the subject lots." CARRIED MOTION NO. 14/4 Moved by Councillor P. Feltmate Seconded by Councillor J. Stavinga That in the Conditions of Draft Plan of Subdivision Approval, Condition # 17 be amended be adding the sentence below as point 5: "5. The timing of construction of Goulbourn Forced Road in conjunction with each phase of subdivision development." CARRIED MOTION NO. 14/5 Moved by Councillor P. Feltmate Seconded by Councillor J. Stavinga That in the Conditions of Draft Plan of Subdivision Approval, Condition # 21 be amended in the second line of paragraph two by changing "an environmental mitigation plan may be required" to "an environmental mitigation plan will be required". CARRIED MOTION NO. 14/6 Moved by Councillor P. Feltmate Seconded by Councillor J. Stavinga That in the Conditions of Draft Plan of Subdivision Approval, Condition # 35 be amended by adding: "and further, the Owner agrees that no tree cutting or removal shall occur prior to approval of the Detailed Tree Planting and Conservation Plan and no sooner than two years in advance of construction, or no sooner than is necessary to complete detailed engineering submissions. This shall be to the satisfaction of the Director of Planning and Infrastructure Approvals." CARRIED MOTION NO. 14/7 Moved by Councillor P. Feltmate Seconded by Councillor J. Stavinga That in the Conditions of Draft Plan of Subdivision Approval, Condition # 38 be amended to read as follows: "The Owner shall, at its cost, revise the concept plan for the Beaver Pond Open Space natural area, which plan shall include trails and pathway connections to existing trails to be retained along the north and south side of Beaver Pond, trail alignment with Kizell Pond Natural Environment Area and trail connections to Trillium Woods Natural Environment Area, and further the Owner agrees to construct the pathways so that connections to trails to be retained are maintained during development of the subdivision, except that temporary trail closures may occur where a safety hazard has been determined by the Director of Planning and Infrastructure Approvals." And that the necessary amendments be made to the Official Plan, Plan of Subdivision and the zoning details. And that no further notice be provided pursuant to Section 34(17) of the Planning Act. CARRIED MOTION NO. 14/8 Moved by Councillor P. Feltmate Seconded by Councillor J. Stavinga That in the Conditions of Draft Plan of Subdivision Approval, Condition # 43 be amended: 1. By changing "Kizzell Pond (Block 665)" to "Kizzell Pond Block 503", and 2. By adding "4) West Block (Block 665) before "Urban Natural Features." CARRIED MOTION NO. 14/9 Moved by Councillor P. Feltmate Seconded by Councillor J. Stavinga WHEREAS the alignment of the future Terry Fox Drive may leave an approximate 6.11-acre strip of the South March Highlands natural environment lands adjacent to the KNL subdivision; WHEREAS the 6.11 acres of land located north of the KNL lands and south of future Terry Fox Drive are outside of the current subdivision; WHEREAS it is appropriate that the future disposition of these lands be part of a public process; THEREFORE BE IT RESOLVED that staff be directed as follows: "That should the City consider disposing of or exchanging the lands located north of the KNL lands and south of Terry Fox Drive, consultation shall be made with the Ward Councillor." CARRIED MOTION NO. 14/10 Moved by Councillor P. Feltmate Seconded by Councillor J. Stavinga That the Conditions of Draft Plan of Subdivision Approval be amended to add an Annex to reflect the agreed and legal land allocation by Blocks and acreage catalogue to the specific lands dedicated under the 40% agreement for all of Marchwood/Lakeside. And that the following Draft Plan Condition be added: "That any differences between the 40% Open Space Calculations - Annex, attached hereto, and the actual parcels registered will be adjusted in the final phase of registration to the approval of the Director of Planning and Infrastructure Approvals in conjunction with the Ward Councillor." CARRIED MOTION NO. 14/11 Moved by Councillor P. Feltmate Seconded by Councillor G. Hunter WHEREAS residents of Kanata have made it clear that they want to see the lands north of the Beaver Pond saved; AND WHEREAS the Brunton report recommended that both the lands north of the Beaver Pond and the lands in the West Block be designated as "Natural Environmental Areas"; AND WHEREAS if the public consultations conducted by the city are to be seen to have legitimacy then the will of the community should be respected when there are no other factors; THEREFORE BE IT RESOLVED that in Recommendation #3 to Council "West Block" be changed to "Beaver Pond", And that the necessary amendments be made to the Official Plan, Plan of Subdivision and the zoning details. And that no further notice be provided pursuant to Section 34(17) of the Planning Act. CARRIED with Councillors J. Harder and R. Bloess dissenting. MOTION NO. 14/12 Moved by Councillor P. Feltmate Seconded by Councillor J. Stavinga WHEREAS residents of Kanata have made it clear that they want to see the lands north of the Beaver Pond saved, and WHEREAS the knoll in the north west corner was previously designated as medium density residential and has no value as natural environmental lands; WHEREAS if the public consultations conducted by the city are to be seen to have legitimacy then the will of the community should be respected when there are no other factors, THEREFORE BE IT RESOLVED THAT these lands retain the designation of medium density residential and the 2.6 acres of natural environmental land be re-allocated to the NEA lands north of the Beaver Pond, And that the necessary amendments be made to the Official Plan, Plan of Subdivision and the zoning details. And that no further notice be provided pursuant to Section 34(17) of the Planning Act. LOST on a division of 10 YEAS to 11 NAYS as follows: Yeas (10): Councillors D. Holmes, J. Stavinga, P. Feltmate, S. Little, G. Brooks, M. Bellemare, G. Bédard, C. Doucet, G. Hunter and D. Thompson. Nays (11): Councillors A. Cullen, R. Jellett, R. Chiarelli, J. Legendre, H. Kreling, J. Harder, P. Hume, R. Bloess, M. McRae, E. El-Chantiry and Mayor Chiarelli. Item 2 of Planning and Environment Committee Report 10 was then put to Council and CARRIED as amended by Motion Nos. 14/2, 14/3, 14/4, 14/5, 14/6, 14/7, 14/8, 14/9, 14/10 and 14/11 with Councillors A. Cullen, J. Stavinga, P. Feltmate, J. Harder, R. Bloess and C. Doucet dissenting. Motion to Introduce Committee Reports MOTION NO. 14/13 Moved by Councillor D. Holmes Seconded by Councillor E. El-Chantiry That Agriculture and Rural Affairs Committee Report 4, Corporate Services and Economic Development Committee Report 11, Health, Recreation and Social Services Committee 6, Planning and Environment Committee Report 11 and Transportation Committee Reports 7 and 8 be received and considered. CARRIED AGRICULTURE AND RURAL AFFAIRS COMMITTEE REPORT 4 1. CHARTRAND MUNICIPAL DRAIN - APPOINTMENT OF ENGINEER COMMITTEE RECOMMENDATION That Council approve the appointment of Stantec Consulting Ltd. as the engineer of record for the preparation of an engineer's report for modifications to the Chartrand Municipal Drain. CARRIED 2. ONTARIO REGULATION 170/03 COMMITTEE RECOMMENDATIONS AS AMENDED That Council approve the following: 1. WHEREAS in June of 2003, the Provincial Government enacted the Drinking-Water Systems Regulation (being Ontario Regulation 170/03 pursuant to the Safe Drinking Water Act, 2002) in an effort to introduce higher standards for the protection of drinking water; AND WHEREAS this Regulation represents an attempt to provide safe drinking water to all residents, including weekly testing of well water and the purchase of water treatment equipment in adherence to Mr. Justice O'Connor's recommendations contained in "Part Two: Report of the Walkerton Inquiry"; AND WHEREAS compliance with many of these detailed proposals will likely constitute an unreasonable hardship to many rural residents, as well as those operating small businesses in the rural areas; AND WHEREAS the Committee is appreciative of the City of Ottawa's attention to upgrading the Rural Community Centres' water systems to meet the standards set out in the Safe Drinking Water Act, 2002; THEREFORE BE IT RESOLVED THAT City Council direct the Mayor, on behalf of the rural residents of Ottawa, to approach the Provincial Government with respect to the most recent round of consultations on this Regulation (before June 11th, 2004) in an effort to ensure that compliance will be both practical and economically viable for the rural residents of Ottawa. 2. WHEREAS Ontario Government is implementing regulation 170/03, and in doing so will affect Towns Halls, Churches and Private Property Owners including Small Businesses, Local Community Centres and Campgrounds; AND WHEREAS meeting requirement of regulation 170/03 has meant and will mean excessive costs and financial burdens for all the Drinking Water System Owners; AND WHEREAS there is no demonstrated proof that this New Regulation will improve the drinking water that has been and continues to be safe in Rural Municipalities; AND WHEREAS Ontario Regulation 170/03 was passed without adequate consultation with stakeholders throughout Ontario; AND WHEREAS said stakeholders should have been consulted concerning the Necessity, Efficacy, Economic, Environmental and Health Impacts on Rural Ontario; THEREFORE BE IT RESOLVED that the Legislative Assembly of Ontario be requested to abandon the implementation of and immediately repeal Regulation 170/03 and that the pertinent, enabling legislation be amended. The recommendations were divided for voting purposes. Recommendation 1 was CARRIED. Recommendation 2 was WITHDRAWN. CORPORATE SERVICES AND ECONOMIC DEVELOPMENT COMMITTEE REPORT 11 1. PUBLIC-PRIVATE PARTNERSHIP (P3) - RAY FRIEL CENTRE EXPANSION COMMITTEE RECOMMENDATIONS That Council: 1) Authorize the Deputy City Manager for Community and Protective Services to finalize negotiations and conclude and execute all necessary agreements with Serco Facilities Management Inc. (Serco) for the expansion of the Ray Friel Centre on Tenth Line Road and for the operation and management of the entire facility; 2) Carry out the above recommendation in accordance with the terms and conditions of the Request for Proposal for this public-private partnership, the proposal submitted by Serco as amended through negotiations, and the framework approved by Council in September 2003 as amended by this report. CARRIED with Councillor A. Cullen dissenting. 2. INTER-JURISDICTIONAL PUBLIC COUNTERS - FEDERAL-PROVINCIAL-MUNICIPAL PARTNERSHIP COMMITTEE RECOMMENDATIONS That Council approve that: 1) Staff be given approval in principle to continue discussions with the Provincial and Federal governments on the Ottawa Counters Project, and 2) The City Manager, in collaboration with the City Solicitor and the City representatives, be authorized to finalize negotiations and conclude and execute all necessary agreements including the Memorandum of Understanding with the applicable Federal and Provincial counterparts for the Ottawa Counters Project and related projects that fall within the ServiceOntario mandate. CARRIED 3. INSTALLATION OF A SANITARY SEWER IN INNES ROAD AS A LOCAL IMPROVEMENT COMMITTEE RECOMMENDATIONS That Council: 1. Endorse a resolution declaring it desirable to undertake the construction of six separate sections of local improvement sanitary sewers on Innes Road and its notice of intention to apply to the OMB for each section as such under the provisions of the Municipal Act, 2001, O. Reg. 119/03. 2. Pass a bylaw, to come into effect upon board approval, for undertaking of the works for each section as a separate local improvement with the cost of the work for each section to be recovered from the benefiting property owners under the provisions of the Municipal Act, 2001, O. Reg. 119/03 in accordance with the following: a) that the assessed property owners be entitled to pay the local improvement charges in lump sum or ten equal annual installments; b) that initial estimates of special assessment rates, the City share of the costs, reductions and adjustments as presented in the Local Improvement Report attached to this report are accepted subject to final review through the court of revision for the project; and, c) that to the extent owners may choose to amortize the charges over a ten-year period, debenture authority be established in the estimated maximum amount of $1,622,800. CARRIED 4. CUMBERLAND RESERVE FUND COMMITTEE RECOMMENDATIONS That Council: 1. Approve a revision of community projects in Vars, funded from the Cumberland Reserve Fund, in the amount of $140,000 which includes the development of a soccer field at St-Guillaume School and a skateboard park in Leslie Armstrong Park. 2. Amend the previously approved amount of $60,000 with an additional $10,000 for projects in Sarsfield. CARRIED 5. RESPONSE TO COUNCIL INQUIRY ON THE PROVINCIAL GAS TAX COMMITTEE RECOMMENDATION That Council receive this report for information. RECEIVED HEALTH, RECREATION AND SOCIAL SERVICES COMMITTEE REPORT 6 1. PARKS AND RECREATION SUMMER 2004 PRE-SEASON REPORT COMMITTEE RECOMMENDATION That Council receive this report for information. RECEIVED 2. RESPONSE TO THE RESIDENTIAL TENANCY REFORM CONSULTATION PAPER COMMITTEE RECOMMENDATIONS AS AMENDED That Council: 1. Endorse the Ottawa Tenancy Reform Movement (OTRM) response to the Residential Tenancy Reform Consultation Paper, to ensure that a balanced perspective is provided in the consultation process. 2. That the submission from Action Logement be added as part of the OTRM response to the Residential Tenancy Reform Consultation Paper. 3. That there be an increase in the number of days allocated for hearings in French at the OTRM in Ottawa to one day a week from the one day every two weeks; and, That the documents issued by the Ontario Rental Housing Tribunal be in English and French on the same document and not on separate documents as is the present practice. MOTION NO. 14/14 Moved by Councillor J. Stavinga Seconded by Councillor D. Holmes WHEREAS the City remains very concerned about problems with the current Rental Tribunal system and the ability of that system to provide a fair and equitable process for tenants; BE IT RESOLVED that the endorsement of this report from the OTRM shall be understood as ensuring the voice of tenants in Ottawa is heard in the Provincial consultations on the Tenant Protection Act, and does not necessarily represent an official position of the City of Ottawa, particularly with respect to rent controls. CARRIED on a division of 11 YEAS to 8 NAYS as follows: Yeas (11): Councillors D. Holmes, A. Cullen, J. Stavinga, P. Feltmate, D. Deans, G. Brooks, M. Bellemare, G. Bédard, R. Bloess, C. Doucet and Mayor Chiarelli. Nays (8): Councillor S. Little, R. Jellett, J. Legendre, H. Kreling, J. Harder, M. McRae, D. Thompson and E. El-Chantiry. Item 2 of Health, Recreation and Social Services Committee Report 6, as amended by Motion No. 14/14 was then put to Council and CARRIED on a division of 13 YEAS to 6 NAYS as follows: Yeas (13): Councillors D. Holmes, A. Cullen, J. Stavinga, P. Feltmate, S. Little, D. Deans, G. Brooks, J. Legendre, M. Bellemare, G. Bédard, R. Bloess, C. Doucet and Mayor Chiarelli. Nays (6): Councillors R. Jellett, H. Kreling, J. Harder, M. McRae, D. Thompson and E. El-Chantiry. MOTION NO. 14/15 Moved by Councillor J. Legendre Seconded by Councillor R. Bloess WHEREAS the government of Ontario has announced that it will be reforming the province's residential tenancy laws, and is seeking public input through a consultation process; AND WHEREAS the government has committed to eliminating vacancy decontrol, and to reducing the 2005 rent increase guideline by 2%; AND WHEREAS tenants have expressed concerns about the adjudicative process followed by the Ontario Rental Housing Tribunal (ORHT), and tenants and landlords have expressed concerns about the rent control rules; AND WHEREAS the private sector provides about 80% of the rental housing supply in Ottawa; AND WHEREAS there are 11,500 people on the waiting list for social housing, but the City has little ability to fund the building of more social housing; BE IT RESOLVED that the City of Ottawa communicate to the provincial government the City's views on the reforms as follows: 1. That the adjudicative process should be accessible, open and fair for both tenants and landlords; 2. That all notices and documents used in the adjudicative process should be easy to understand; 3. That documents issued by the ORHT (or any future adjudicative body) in English and French should be have both the English and the French version in the same document, rather than in separate documents; 4. That the ORHT (or any future adjudicative body) should ensure that there are a sufficient number of hearing days provided in French in Ottawa to serve francophones as quickly as anglophones (on average); and 5. That in making its changes to the rent control rules, the provincial government should bear in mind the need to attract private investment for the building and upgrading of private rental units in order to maintain and increase the supply of rental housing, including affordable rental housing. CARRIED with Councillors R. Jellett, H. Kreling and J. Harder dissenting. PLANNING AND ENVIRONMENT COMMITTEE REPORT 11 1. ZONING - 186 LYON STREET COMMITTEE RECOMMENDATION AS AMENDED That Council approve an amendment to the former City of Ottawa Zoning By-Law 1998 to change the zoning of 186 to 198 Lyon Street from an R7A F(5.0) H(64) Residential/Commercial Service Zone to an R7A F(9.9) H(64) zone with an exception to permit a high-rise apartment building and an outdoor patio as detailed in Document 3 and shown in Document 1, subject to the following amendment: To amend the report as necessary to allow an outdoor patio on the property, provided that the patio is located within 4.0 metres of a public street. And that no further notice be provided pursuant to Section 34 (17) of the Planning Act. CARRIED on a division of 11 YEAS to 8 NAYS as follows: Yeas (11): Councillors S. Little, R. Chiarelli, H. Kreling, M. Bellemare, J. Harder, P. Hume, R. Bloess, G. Hunter, D. Thompson, E. El-Chantiry and Mayor Chiarelli. Nays (8): Councillors D. Holmes, A. Cullen, J. Stavinga, P. Feltmate, R. Jellett, G. Brooks, G. Bédard and C. Doucet. 2. CARP ROAD CORRIDOR - OFFICIAL PLAN AMENDMENT AND COMMUNITY DESIGN PLAN COMMITTEE RECOMMENDATIONS AS AMENDED That Council: 1. Adopt Official Plan Amendment xx to designate the "Carp Road Corridor Rural Employment Area" with associated policies. 2. Approve the Community Design Plan for the Carp Road Corridor, subject to the following amendment: That insofar as the designation of properties shown on Schedule 1 of the Community Design Plan, located on the south side of Richardson Side Road, east of lands designated "Convenience Commercial Node" and "Heavy Industrial Area", to designate the south half of these properties "Heavy Industrial Area." 3. Revise Annex 5 to the Official Plan to indicate that the Carp Road Corridor is subject to a Community Design Plan. And that no further notice be provided pursuant to Section 34 (17) of the Planning Act. CARRIED 3. ZONING - 7590 SNAKE ISLAND ROAD COMMITTEE RECOMMENDATION AS AMENDED That Council APPROVE an amendment to the former Township of Osgoode Zoning By-Law 2003-230 to change the zoning of 7590 Snake Island Road from Rural (RU) Zone to a Rural - Exception (RU-x) Zone to permit development of a residential single family dwelling on a reduced lot size of 3.391 ha area of land as shown in Document 1 and detailed in Document 2. CARRIED with Councillors J. Legendre and P. Hume dissenting. 4. ZONING - 835 MARCH ROAD COMMITTEE RECOMMENDATION That Council approve an amendment to the former City of Kanata Zoning By-Law to change the zoning of 835 March Road from "Institutional" (I), "Residential Type 1A" (R1A), "Residential Type 1B" (R1B) and "Residential Type 1B - Special Exception 1"(R1B-1) to Residential Type 3A with a Special Exception as detailed in Document 3. CARRIED with Councillor P. Feltmate dissenting. 5. ZONING - 1807 STITTSVILLE MAIN STREET COMMITTEE RECOMMENDATION That Council approve an amendment to the former Township of Goulbourn Zoning By Law to change the zoning of 1807 Stittsville Main Street from Residential Type One Zone (R1), Residential Type One Special Exception 3 Zone (R1-3), Residential Type One Special Exception 5 Zone (R1-5) and Residential Type Two Zone (R2) to Residential Type One Special Exception 3 Zone (R1-3), Residential Type One Special Exception 5 Zone (R1-5), Residential Type Two Zone (R2) and Parks and Recreation Zone (PR) as detailed in Document 3. CARRIED 6. ZONING - 3068 TORWOOD DRIVE COMMITTEE RECOMMENDATION That Council approve an amendment to the former West Carleton Zoning By-Law ( By-law No. 266 of 1981) to change the zoning of 3068 Torwood Drive from Rural (RU) to Country Lot Residential Exception 54 (RCL-54) and from Rural (RU) to Country Lot Residential Exception 56 (RCL-56) as detailed in Document 3 CARRIED with Councillor A. Cullen dissenting. 7. APPEAL - COMMITTEE OF ADJUSTMENT - 545 VANCE'S SIDE ROAD COMMITTEE RECOMMENDATION That Council approve the presence of staff, from the Corporate Services and Planning and Development Departments, at the Ontario Municipal Board Hearing regarding the Committee of Adjustment applications for 545 Vance's Side Road. CARRIED 8. DESIGNATION OF THE POWELL HOUSE, 85 GLEBE AVENUE, UNDER PART IV OF THE ONTARIO HERITAGE ACT COMMITTEE RECOMMENDATION That Council approve the designation of the Powell House, 85 Glebe Avenue, under Part IV of the Ontario Heritage Act. CARRIED 9. CITY OF OTTAWA PARTNERSHIP WITH ENVIROCENTRE COMMITTEE RECOMMENDATION That Council approve formalization of the partnership between the City of Ottawa and EnviroCentre for the delivery of community-based environmental services. This partnership involves a base level of support from the City to provide EnviroCentre with storefront and office space on the first floor of City Hall. In return, the City will receive support in environmental program delivery as outlined within this report with additional service areas to be negotiated with EnviroCentre on a program basis, according to community needs, City budget availability and relevant expertise within EnviroCentre. CARRIED TRANSPORTATION COMMITTEE REPORT 7 1. TRANSIT SERVICES BUDGET 2004 - MITIGATION MEASURES COMMITTEE RECOMMENDATION AS AMENDED That Council receive this report for information. RECEIVED 2. MERIVALE ROAD (SLACK ROAD TO PRINCE OF WALES DRIVE) AND FALLOWFIELD ROAD (WOODROFFE AVENUE TO PRINCE OF WALES DRIVE) - ENVIRONMENTAL ASSESSMENT STUDY RECOMMENDATIONS COMMITTEE RECOMMENDATION That Council approve the roadway widening design plans for Merivale Road and Fallowfield Road based on the results of the Environmental Assessment Study. These plans include: 1. Widening of Merivale Road between Slack Road and Amberwood Drive from a 2-lane rural road to a 4-lane, divided urban cross-section including protection for future grade separation at the railway tracks. 2. Widening of Merivale Road between Fallowfield Road (Greenbelt) and Prince of Wales Drive from a 2-lane rural road to a 4-lane road with a combination of divided-urban and undivided-rural cross-sections. 3. Widening of Fallowfield Road between Woodroffe Avenue and Prince of Wales Drive from a 2-lane rural road to a 4-lane divided/undivided road with a rural cross-section. CARRIED with Councillors J. Legendre and C. Doucet dissenting. TRANSPORTATION COMMITTEE REPORT 8 1. ALBION ROAD CLOSURE AT LESTER ROAD TO THROUGH TRAFFIC FLOW COMMITTEE RECOMMENDATION No Committee recommendation. MOTION NO. 14/16 Moved by Councillor D. Thompson Seconded by Councillor R. Bloess WHEREAS Albion Road, between Mitch Owens and Bank Street, is an integral north/south transportation link and WHEREAS the social, cultural, economic and religious vitality of the Blossom Park area would be negatively impacted by the restriction of north/south traffic flow at any location on Albion Road and WHEREAS Public Consultation through City signage at the planned intersection modification site was not conducted and WHEREAS Public Consultation with residential areas outside the immediate Albion Road (Lester Road - Bank Street) section in inadequate and WHEREAS future Light Rail Expansion Plans call for connections to the Findlay Creek and Riverside South communities and WHEREAS the Rideau Carleton Raceway slots have expressed concerns about potential financial restraints in the intersection modification are completed and WHEREAS the projected cost of $200,000 for the modifications at the intersection of Albion Road and Lester Road are a significant financial challenge to the City of Ottawa THEREFORE BE IT RESOLVED: 1. That City Council NOT IMPLEMENT the redesign of the Albion Road/Lester Road to restrict north/south traffic movement on Albion Road; and 2. That staff be directed to begin discussions with the Ontario Lottery Corporation in order to upgrade and utilize the existing access road to Bank Street for Racetrack and Casino traffic. Motion No. 14/16 was divided for voting purposes. Recommendation 1 was LOST on a division of 8 YEAS to 14 NAYS as follows: Yeas (8): Councillors S. Little, R. Jellett, G. Brooks, J. Legendre, R. Bloess, G. Hunter, D. Thompson and E. El-Chantiry. Nays (14): Councillors D. Holmes, A. Cullen, J. Stavinga, P. Feltmate, D. Deans, R. Chiarelli, H. Kreling, M. Bellemare, J. Harder, P. Hume, G. Bédard, C. Doucet, M. McRae and Mayor Chiarelli. Recommendation 2 was CARRIED. MOTION NO. 14/17 Moved by Councillor D. Thompson Seconded by Councillor G. Brooks That Recommendation 1 of the Motion No. 14/16 be reconsidered at the next regular Council meeting. Notice of Reconsideration was LOST pursuant to Section 61 (4) of Procedure By-law 2003-589 on a division of 6 YEAS to 16 NAYS as follows: Yeas (6): Councillors G. Brooks, J. Legendre, R. Bloess, G. Hunter, D. Thompson and E. El-Chantiry. Nays (16): Councillors D. Holmes, A. Cullen, J. Stavinga, P. Feltmate, S. Little, D. Deans, R. Jellett, R. Chiarelli, H. Kreling, M. Bellemare, J. Harder P. Hume, G. Bédard, C. Doucet, M. McRae and Mayor Chiarelli. Motion to Adopt Reports MOTION NO. 14/18 Moved by Councillor D. Holmes Seconded by Councillor E. El-Chantiry That Agriculture and Rural Affairs Committee Report 4, Corporate Services and Economic Development Committee Report 11, Health, Recreation and Social Services Committee 6, Planning and Environment Committee Report 11 and Transportation Committee Reports 7 and 8 be received and adopted as amended. CARRIED Motions of Which Notice Has Been Given Previously DECLARATION OF INTEREST Councillor S. Little declared an interest on Motion No. 14/19 as he has an indirect pecuniary interest, as this motion relates to the outstanding legal fees claimed by his legal counsel. Councillor S. Little did not take part in the discussion or vote on this recommendation. MOTION NO. 14/19 Moved by Councillor D. Thompson Seconded by Councillor J. Harder WHEREAS Councillor Shawn Little was prosecuted by the City of Ottawa respecting charges arising pursuant to the Municipal Elections Act, 1996; AND WHEREAS after eight days of trial, all charges were stayed as the Court held that the City of Ottawa breached Councillor Little's rights pursuant to the Canadian Charter of Rights and Freedoms AND WHEREAS Councillor Little remains innocent of the charges; AND WHEREAS Councillor Little incurred substantial costs relating to this matter and commenced an action against the City of Ottawa and other participants; AND WHEREAS Councillor Alex Cullen is alleged to have made some slanderous statements respecting the matter involving Councillor Little such that Councillor Little commenced an action against Councillor Cullen; AND WHEREAS the City of Ottawa seeks to have the City Solicitor enter into negotiations with Councillor Little's solicitors with the objective to settle both litigation matters commenced by Councillor Little in the Superior Court of Ontario, being action numbers 02-CV-22546 and 03-CV-24539; THEREFORE BE IT RESOLVED THAT THE City Solicitor is hereby instructed to enter into negotiations with Councillor Little's solicitors with the intent being that Councillor Little be reimbursed for all or substantially all his legal costs to date arising from the above actions and the legal costs for which he may be responsible for arising out of the above actions if Councillor Little discontinues both actions and releases the participants; FURTHER BE IT RESOLVED that the City Solicitor be directed to effect this settlement with Councillor Little's solicitor. MOTION NO. 14/20 Moved by Councillor R. Chiarelli Seconded by Councillor G. Hunter That the following replacement motion be approved: WHEREAS Ottawa City Council fulfilled its obligations under the Municipal Elections Act in relation to alleged infringements of spending limits in Kitchissippi ward in the Year 2000; WHEREAS the City Councillor involved initiated legal proceedings against the City of Ottawa and other parties: such actions were not required to fulfill obligations under the Municipal Elections Act and occurred without the concurrence of City Council; WHEREAS all parties involved have incurred legal expenses; WHEREAS the City Councillor established a legal defense fund in which citizens contributed to defray court costs; THEREFORE BE IT RESOLVED: the City of Ottawa agree not to pursue awards of costs against the Councillor and to share fairly in the legal costs incurred by the City Councillor for Kitchissippi conditional on; A) City contributions should only relate to the Councillor's defense on the main prosecution under the Municipal Elections Act B) That the City Solicitor conduct a full examination of the evidence relating to the Councillor's costs. When the City Solicitor is satisfied as to the real legal costs, that he immediately recommend to CSED a fair sharing of the costs that will include deductions for the amounts donated by the public from the legal defense fund. ALSO BE IT RESOLVED: That the City Solicitor's recommendation come forward only after he has received assurances that the Councillor will cease further legal action against all parties involved. MOTION NO. 14/21 Moved by Councillor G. Brooks Seconded by Councillor P. Hume That the question be now put. LOST on a division of 9 YEAS to 12 NAYS as follows: Yeas (9): Councillors G. Brooks, H. Kreling, M. Bellemare, J. Harder, P. Hume, R. Bloess, G. Hunter, E. El-Chantiry and Mayor Chiarelli. Nays (12): Councillors D. Holmes, A. Cullen, J. Stavinga, P. Feltmate, D. Deans, R. Jellett, R. Chiarelli, J. Legendre, G. Bédard, C. Doucet, M. McRae and D. Thompson. Mayor Chiarelli ruled that Councillor A. Cullen could not speak again on the subject motions. Councillor A. Cullen appealed the Mayor's ruling. The Mayor was sustained on a vote of 18 YEAS to 3 NAYS as follows: Yeas (18): Councillors D. Holmes, P. Feltmate, D. Deans, R. Jellett, R. Chiarelli, G. Brooks, H. Kreling, M. Bellemare, J. Harder, P. Hume, G. Bédard, R. Bloess, C. Doucet, G. Hunter, M. McRae, D. Thompson, E. El-Chantiry and Mayor Chiarelli. Nays (3): Councillors A. Cullen, J. Stavinga and J. Legendre. Motion 14/20 was then put to Council and CARRIED on a division of 15 YEAS to 4 NAYS as follows: Yeas (15): Councillors P. Feltmate, D. Deans, R. Jellett, R. Chiarelli, G. Brooks, H. Kreling, J. Harder, P. Hume, G. Bédard, R. Bloess, G. Hunter, M. McRae, D. Thompson, E. El-Chantiry and Mayor Chiarelli. Nays (4): Councillors D. Holmes, A. Cullen, J. Stavinga and C. Doucet. Motions (Requiring Suspension of the Rules of Procedure) MOTION NO. 14/22 Moved by Councillor D. Holmes Seconded by Councillor P. Hume That the Rules of Procedure be suspended to consider and approve the following Motion: WHEREAS on March 26, 2004 Council voted to remove curbside solid waste pick up and recyclable collection for commercial businesses whose solid waste and recyclable output met the residential criteria; WHEREAS staff are expected to receive direction from PEC as its next meeting to update the progress being made with the integrated waste management plan with a report to the committee in the fall 2004; BE IT RESOLVED that staff include in this update an assessment of commercial business service delivery options. CARRIED MOTION NO. 14/23 Moved by Councillor G. Bédard Seconded by Councillor D. Holmes THAT the Rules of Procedure be suspended to consider and approve the following Motion: WHEREAS Her Excellency Epiphanie Kabushemeye-Ntamwana, the Ambassador of the Republic of Burundi is hosting the 42nd anniversary cultural celebrations to commemorate the Burundian National Day, July 3rd, 2004, the location of the event being 325 Dalhousie Street, and a request for noise exemption has been received for the duration of the event until 4:00 a.m. July 4th, 2004; AND WHEREAS exemption from subsections 23(1) and 24(3) of the old Corporation of the City of Ottawa Noise By-law Number 3-97 is required to allow the use of sound reproduction devices which may surpass the allowed 55 decibel level, but will not exceed 65 decibels, in effect until 11:00 p.m. or which may disturb the peace and comfort of a resident after 11:00 p.m.; THEREFORE BE IT RESOLVED that the provisions of subsection 23(1) and 24(3) of the City of Ottawa Noise By-law Number 3-97 shall not apply so as to preclude the use of sound reproduction devices during the festivities hosted by Her Excellency Epiphanie Kabushemeye-Ntamwana, Ambassador of the Republic of Burundi, celebrating the Republic of Burundi National Day, the event being located at 325 Dalhousie Street, which may exceed 55 dBA, but will not exceed 65 dBA, when measured at the property line of a business person or person whose peace and comfort is disturbed before 11:00 p.m. or disturbs the peace and comfort of a resident whose peace and comfort is disturbed after 11:00 p.m. on the date of July 3rd, 2004 until 4:00 a.m., July 4th, 2004. CARRIED By-laws Three Readings MOTION NO. 14/24 Moved by Councillor D. Holmes Seconded by Councillor E. El-Chantiry That the following by-laws be enacted and passed: . 2004-252 A by-law of the City of Ottawa to amend By-law No. 2003-514 respecting fees for sewer use and certain housekeeping amendments. 2004-253 A by-law of the City of Ottawa respecting noises. 2004-254 A by-law of the City of Ottawa to provide for municipal housing project facilities at 1142 Richmond Road. 2004-255 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 (Rochelle Drive). 2004-256 A by-law of the City of Ottawa to designate 25, 27, and 29 Berry Glen Street, as being exempt from Part Lot Control. 2004-257 A by-law of the City of Ottawa to designate certain lands on Gray Crescent and Drysdale Street, as being exempt from Part Lot Control. 2004-258 A by-law of the City of Ottawa to designate 249, 251, 253, 255, 257 and 259 Meadowbreeze Drive, as being exempt from Part Lot Control. 2004-259 A by-law of the City of Ottawa to designate 60 and 60A Winding Way, as being exempt from Part Lot Control. 2004-260 A by-law of the City of Ottawa to amend the Zoning By-law for the South March Community, being By-law 161-93 of the former City of Kanata, for the purpose of changing the zoning in effect over 835 March Road. 2004-261 A by-law of the City of Ottawa to adopt an amendment to the official plan of the City of Ottawa - Carp Road. 2004-262 A by-law of the City of Ottawa to amend the Zoning By-law for the Urban Area of the City of Nepean, being By-law No. 100-2000 of the former City of Nepean - 1439 Woodroffe Avenue. 2004-263 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 for the property known municipally as 186 to 198 Lyon Street. 2004-264 A by-law of the City of Ottawa to amend the Zoning By-law being By-law Number 266 of 1981 of the former Township of West Carleton for the purpose of changing the zoning in effect over 3068 Torwood Drive. 2004-265 A by-law of the City of Ottawa to amend By-law No. 2003-230, being the Zoning By-law of the former Corporation of the Township of Osgoode for the property known municipally as 7590 Snake Island Road. 2004-266 A by-law of the City of Ottawa to amend By-law No. 2004-60 to appoint Municipal Law Enforcement Officers in accordance with private property parking enforcement. CARRIED Confirmation By-law MOTION NO. 14/25 Moved by Councillor D. Holmes Seconded by Councillor E. El-Chantiry THAT By-law 2004 - 267 to confirm the proceedings of Council be enacted and passed. CARRIED Inquiries The following inquiries were raised: From Councillor G. Brooks to the City Manager respecting the hiring of the Chair of Hydro Ottawa. From Councillor A. Cullen to the City Manager respecting the status of quarterly reports on outstanding inquiries. From Councillor A. Cullen to the City Manager respecting the status of his earlier inquiry on the Fitzroy Harbour Boat Bypass Project. Adjournment Council adjourned the meeting at 6:01 p.m. CITY CLERK MAYOR 28 OTTAWA CITY COUNCIL MINUTES 14 9 JUNE 2004