OTTAWA CITY COUNCIL 8 SEPTEMBER 2004 ANDREW S. HAYDON HALL 1:30 p.m. MINUTES 18 The Council of the City of Ottawa met at Andrew S. Haydon Hall, 110 Laurier Avenue West, Ottawa, on 8 September 2004 at 1:30 p.m. The Mayor, Bob Chiarelli, presided and led Council in prayer. The National Anthem was sung by Teri Loretto. Announcements/Ceremonial Activities RECOGNITION - EAST NEPEAN EAGLES LITTLE LEAGUE BASEBALL TEAM The Mayor recognized the East Nepean Eagles Little League Baseball Team for their accomplishments at the 2004 Little League Baseball World Series held at Williamsport from August 20th to August 29th, 2004. Moment of Silence A Moment of Silence was observed for the victims of the September 11, 2001 terrorist attacks. In Memoriam To commemorate the death William Law, former City of Ottawa Controller/Alderman/Councillor and Trustee of the former Ottawa Board of Education, Mayor Chiarelli announced that civic flags would be flown at half mast on Thursday, 9 September 2004. Roll Call ALL MEMBERS WERE PRESENT. Confirmation of Minutes The Minutes of the regular Council meeting of 25 August 2004 were confirmed. Declarations of Interest Arising from Prior Meetings of Council and Committees No declarations were filed. Communications The following Communications were received by City Council: * Petition signed by approximately 51 ratepayers of Ward 11 respecting increased student driver traffic since 'Drive Test' opened at 5303 Canotek Road. * From the Ottawa Forests and Greenspace Advisory Committee respecting the City of Ottawa Application to the Green Municipal Enabling Funds. * From the Environmental Advisory Committee endorsing the objectives of the Air Quality and Climate Change Management Plan and urging Council to proclaim September 22, 2004 as Ottawa Car Free Day. * From the Pedestrian and Public Transit Advisory Committee endorsing proclamation of September 22, 2004 as Ottawa Car Free Day. Regrets No regrets were filed. Motion to Introduce Committee Reports MOTION NO. 18/1 Moved by Councillor G. Bédard Seconded by Councillor P. Feltmate That Planning and Development Committee Report 15A, and Transportation Report 11, be received and considered; And that the Rules of Procedure be suspended to receive and consider Corporate Services and Economic Development Committee Report 15. CARRIED CORPORATE SERVICES AND ECONOMIC DEVELOPMENT COMMITTEE REPORT 15 1. ASSOCIATION OF FRANCOPHONE MUNICIPALITIES OF ONTARIO - OTTAWA REPRESENTATION COMMITTEE RECOMMENDATION That Council approve the appointment of Councillor Georges Bédard as the City of Ottawa representative on the Association of Francophone Municipalities of Ontario Board of Directors. CARRIED PLANNING AND ENVIRONMENT COMMITTEE REPORT 15A 1. ZONING - 7122 BANK STREET COMMITTEE RECOMMENDATION That Council refuse an amendment to the former Township of Osgoode Zoning By-law to change the zoning of 7122 Bank Street from RU, Rural to RU [XX], Rural, Exception and C2, Highway Commercial. CARRIED 2. ROAD CLOSURE - QUARRY ROAD COMMITTEE RECOMMENDATION AS AMENDED That Council approve the closure of a portion of Quarry Road sufficient to address the encroachment anomalies, as shown in the attached drawing (Document 4), and subject to the conditions included in Document 1. CARRIED 3. ZONING - 710 AND 714 CARSON'S ROAD COMMITTEE RECOMMENDATION That Council approve an amendment to the former City of Ottawa Zoning By-Law (1998) to change the zoning of part of 710 Carson's Road from an "I1" (Minor Institutional) Zone to an "R5A[903] SCH.260" (Low-Rise Apartment, Exception 903) Zone and to change the zoning of 714 Carson's Road from an "R5A (U40)" (Low-Rise Apartment) Zone to an "R5A[903] SCH.260" (Low-Rise Apartment, Exception 903) Zone as detailed in Document 4. CARRIED 4. AMENDMENT OF SEWER CONNECTION BY-LAW TO INCLUDE SEWER FRONTAGE CHARGE FOR 4505 BANK STREET FOR COST RECOVERY SHARE OF LEITRIM ROAD SEWER EXTENSION COMMITTEE RECOMMENDATION That Council amend Schedule "A" of the Sewer Connection By-law No. 2003-513 to include a sewer capital charge against the property known as 4505 Bank Street to recover the property's cost share of the Leitrim Road Sanitary Sewer Extension, installed in 2003, in accordance with the following: 1. that the property be specially charged $22,702.06, to be applicable and payable at the time of the connection to the sanitary sewer, or, at the time of a severance application, per the provisions of the Sewer Connection By-law No. 2003-513; 2. that the information for the amendment be shown in Schedule "A" of the Sewer Connection By-law No. 2003-513 in the tabular format shown below. APPLICABLE SEWER CAPITAL CHARGES ASSESSMENT ROLL NO. PIN NO. LEGAL DESCRIPTION CIVIC ADDRESS AMOUNT 061460007516400 041610011 Con 5RF S Pt Lot 15 4505 Bank Street $22,702.06 CARRIED 5. OFFICIAL PLAN AND ZONING - 701-711 MONTREAL ROAD COMMITTEE RECOMMENDATIONS That Council: 1. approve and adopt an amendment to Schedule B of Volume 1 of the Council Adopted Official Plan of the City of Ottawa to redesignate 701-711 Montreal Road, the Montfort Woods, from General Urban Area to Urban Natural Features, as detailed in Document 2. 2. approve and adopt an amendment to Schedule B of Volume I of the Official Plan of the former City of Ottawa to redesignate 701-711 Montreal Road, the Montfort Woods, from Residential Area and Major Institutional Area to Environmentally Sensitive Area, as detailed in Document 3. 3. approve the application to amend the former City of Ottawa Zoning By-law, 1998, for 701-711 Montreal Road, the Montfort Woods, from L3[698] - Community Leisure Zone and I2 F(1.5) - Major Institutional Zone to an ES - Environmentally Sensitive Area Zone, as shown in Document 1. CARRIED 6. AMENDMENTS TO THE 2003 OTTAWA OFFICIAL PLAN -- MINOR POLICY CHANGES AND CORRECTIONS COMMITTEE RECOMMENDATIONS AS AMENDED That Council approve: 1. an Official Plan Amendment to make minor policy changes in response to appeals of the 2003 Ottawa Official Plan, as shown in Document 1 attached, 2. an Official Plan Amendment to make other minor policy changes to the 2003 Ottawa Official Plan, as shown in Document 2 attached, 3. an Official Plan Amendment to correct errors in the 2003 Ottawa Official Plan and make editorial changes, as shown in Document 3 attached, subject to the following amendments: i. That in item 11, the words "Provisions for Retail" be deleted and "General Urban Area" be inserted in their place, to correct a reference to an Official Plan section; ii. That a new item 12 be inserted after item 11, that states "Section 3.6.7 Major Urban Facilities is hereby amended by deleting the words 'Lot 24' and inserting the words 'Lot 25' in policy 3"; iii. That in item 25, the words "Section 4.7" be deleted and "Section 4.8" be inserted in their place, to correct a reference to an Official Plan section; iv. That a new item 31 be inserted after item 30, that states "Schedule F - Central Area/Inner City Road Network is hereby amended by changing the designation of the Arterial - Proposed (Alignment Defined) in LeBreton Flats to Arterial - Existing, inserting the new street name 'Wellington', deleting the existing road and name 'Ottawa River Parkway', deleting the existing road name 'Wellington' and changing the road name 'Scott' to 'Albert', as shown in Schedule 7 attached"; v. That a new section d) be inserted to item 32 that states "deleting the Scenic-Entry Route designation of Bronson Avenue north of Albert Street and inserting a Scenic-Entry Route on Albert and Commissioner Streets between Bronson Avenue and Booth Street, and on Booth Street from Albert north to the Chaudière Bridge, as shown in Schedule 9 attached." vi. That a new section e) be inserted to item 32 that states "deleting the Ottawa River Parkway and Scenic-Entry Route designation in LeBreton Flats and adding the new portion of Wellington and a Scenic-Entry Route designation west of the Portage Bridge, as shown on Schedule 9 attached". vii. That the section numbers and schedule numbers be amended appropriately. 4. an Official Plan Amendment to correct and make minor policy changes to Annex 1 regarding road classifications and rights-of-way, as shown in Document 4 attached, subject to the following amendments i. That the existing item 7 clause g) be modified by replacing the word "Richmond" with the words "Wellington St. West". ii. That the existing item 7 clause j) be modified by replacing the two references to the word "Wellington" with the word "Albert". iii. That the existing item 7 clause k) be deleted and replaced with the following: "In the ROW listing for Wellington/Albert Street between Champagne and Booth the words 'Wellington/Albert' be replaced with 'Albert' and the word 'Champagne' be changed to 'Champagne North'." iv. That a new clause l) be inserted to item 7 that states "In the ROW listing for Albert/Wellington between Booth and Empress that the words 'Albert/Wellington' be replaced with the word 'Albert'." v. That a new clause m) be inserted to item 7 that states "In the ROW listing for Richmond Road between Golden and Terminus at Western that the words 'Terminus at Western' be replaced with the words 'Island Park'." vi. That a new clause n) be inserted to item 7 that states "In the ROW listing for Wellington Street between Western and Terminus at Somerset that the word 'Wellington' be replaced with the words 'Wellington St. West' and that the word 'Western' be replaced with the words 'Island Park'." vii. That a new clause o) be inserted to item 7 that states "In the ROW listing for Parkdale Avenue between Ottawa River Parkway and Richmond that the word 'Richmond' be replaced with the word 'Wellington St. West'." viii. That a new clause p) be inserted to item 7 that states "In the ROW listing for Wellington between Proposed LeBreton and Rideau that the words 'Proposed LeBreton' be replaced with the words 'Portage Bridge'." ix. That a new clause q) be inserted to item 7 that states "A new ROW listing be added for Wellington Street to read 'Wellington' from 'Ottawa River Parkway' to 'Portage Bridge' with a ROW to be protected of '40m'." x. That a new clause g) be added to item 8 that states "The ROW for LeBreton (proposed new boulevard) be deleted in its entirety." xi. That a new clause h) be added to item 8 that states "In the ROW for Preston extension the word 'Wellington' be replaced with the word 'Albert' and that the words 'Proposed LeBreton Blvd.' be replaced with the word 'Wellington'." xii. That a new clause lll) be added to item 19 that states "In the ROW listing for McCormick Street the word 'Wellington' be replaced with 'Wellington St. West'." xiii. That the section numbers numbers be amended appropriately. 5. That the deletion to Schedule 5 regarding the "Future Rapid Transit Corridor Alignment to be defined" extending south of Leitrim be retained. MOTION NO. 18/2 Moved by Councillor P. Hume Seconded by Councillor A. Cullen WHEREAS at its meeting August 24, Planning and Environment Committee recommended that Council retain the "Future Rapid Transit Corridor - Alignment to be Defined" on Schedule D, south of Leitrim; AND WHEREAS a "Future Rapid Transit Corridor, Alignment to be Defined" is proposed south of Strandherd Drive and an Environmental Assessment Study has been initiated for this segment; THEREFORE BE IT RESOLVED that Committee Recommendation 5 be further amended so that the "Future Rapid Transit Corridor, Alignment to be Defined" south of Strandherd Drive also be retained, by adding the words " and south of Strandherd Drive" after the word "Leitrim". CARRIED Item 6 of Planning and Environment Committee Report 15A was then put to Council and was CARRIED as amended by Motion No. 18/2. 7. ZONING - 3600 UPLANDS DRIVE COMMITTEE RECOMMENDATION That Council approve an amendment to the former City of Gloucester Zoning By-Law for part of 3600 Uplands Drive to add a permitted main use to the existing Mp(E23), Business Park (Exception 23) Zone to permit a public storage use on the lands shown in Document 1, and as detailed in Document 2. CARRIED 8. ZONING - 8595 BANK STREET COMMITTEE RECOMMENDATION That Council approve an amendment to the former Township of Osgoode Zoning By-Law to change the zoning of 8595 Bank Street from RU (Rural) to R (Residential) as detailed in Document 2. CARRIED 9. ZONING - 4065 STAGECOACH ROAD COMMITTEE RECOMMENDATION That Council approve an amendment to the former Township of Osgoode Zoning By-Law 2003-230 to change the zoning of 4065 Stagecoach Road from Rural (RU) Zone to Country Estate (CE) Zone as shown in Document 1 and detailed in Document 3. CARRIED 10. ZONING - 5479 OSGOODE MAIN STREET COMMITTEE RECOMMENDATION That Council approve an amendment to the former Township of Osgoode Zoning By-Law to change the zoning of 5479 Osgoode Main Street from GM (General Industrial) to GM [X] (General Industrial-Exception) as detailed in Document 2. CARRIED 11. ZONING - 1440 BANK STREET COMMITTEE RECOMMENDATION That Council approve an amendment to the former City of Ottawa Zoning By-Law to change the zoning of 1440 Bank Street from a commercial CD F(2.0) zone, a commercial CD3 F(2.0) H(15.24) zone and residential R3A zone to a commercial CD F(2.0) exception zone as shown on Document 1 and detailed in Document 3. CARRIED 12. ZONING - 2352 ROGER STEVENS DRIVE COMMITTEE RECOMMENDATION That Council approve an amendment to the former Township of Rideau Zoning By-Law to change the zoning of 2352 Roger Stevens Drive from General Industrial (M) and General Commercial (C) to Institutional Exception (I-**) as detailed in Document 3. CARRIED 13. ZONING - A BY-LAW OF THE CITY OF OTTAWA RE-ENACTING THE "ZONING BY-LAW" OF THE CORPORATION OF THE TOWNSHIP OF RIDEAU COMMITTEE RECOMMENDATION That Council approve a By-law that repeals and replaces Zoning By-law 84/77 of the former Township of Rideau, as amended, in order to correct technical anomalies, including errors in the Zoning By-law's content and format, as detailed in Documents 1 to 3. CARRIED 14. ZONING - 931 PINECREST ROAD COMMITTEE RECOMMENDATIONS AS AMENDED That Council: 1. Refuse an amendment to the former City of Ottawa Zoning By-law, to change the zoning of 931 Pinecrest Road to R4 Multiple Unit Zone to permit a converted house containing four dwelling units. 2. Approve an amendment to the former City of Ottawa Zoning By-Law to change the zoning of 931 Pinecrest Road from R2C Semi-Detached House Zone to R3I Converted House/Townhouse Zone with an exception, as detailed in Document 3. 3. That the implementing By-law not be forwarded to City Council for enactment until such time as the owner has submitted a development design plan for the subject property to the satisfaction of the Director of Planning and Infrastructure Approvals. 4. That the term "R2" be changed to read "R2C" within the Background, Discussion, Explanatory Note, Details of Recommended Zoning, and the Response sub-sections of the Consultation Details sections of the report. 5. That no further notice be provided pursuant to Section 34(17) of the Planning Act. CARRIED with Councillor A. Cullen dissenting. 15. ZONING - 150, 152, 154, 156, 158, 160, 162, 164 ARROWWOOD DRIVE AND BLOCK 99 4M-1226 COMMITTEE RECOMMENDATION That Council approve an amendment to the former Township of Goulbourn Zoning By-Law to change the zoning of 150, 152, 154, 156, 158, 160, 162, 164 Arrowwood Drive from Residential Type One Special Exception 3 (R1-3) to Residential Type One Special Exception 4 (R1-4) and to rezone part of Block 99, 4M-1226 from Parks and Recreation (PR) to Residential Type One Special Exception 3 (R1-3). CARRIED 16. ZONING - 5532 FERRY ROAD COMMITTEE RECOMMENDATION AS AMENDED No Committee Recommendation. MOTION NO. 18/3 Moved by Councillor E. El-Chantiry Seconded by Councillor P. Hume WHEREAS the Planning and Environment Committee considered the re-zoning of 5532 Ferry Road (File D02-02-04-0031) at its meeting of August 24, 2004; AND WHEREAS the departmental recommendation to approve this application was lost on a 3-2 vote and the matter was forwarded to Council without a Committee recommendation; AND WHEREAS the amendment is a down-zoning and the Environmental Impact Study Statement finds that there will be no net adverse environmental impact; THEREFORE BE IT RESOLVED that Council approve an amendment to the former Township of West Carleton Zoning By-law to change the zoning of 5532 Ferry Road from Tourist Commercial (CT) and Tourist Commercial Flood Plain (CT-FP) to Rural Residential Exception (RR-**) and Rural Residential Flood Plain (RR-FP) as detailed in Document 3 of the staff report. CARRIED on a division of 17 YEAS to 3 NAYS as follows: Yeas (17): Councillors G. Brooks, S. Little, R. Chiarelli, H. Kreling, P. Hume, M. Bellemare, J. Stavinga, J. Legendre, R. Jellett, G. Hunter, R. Bloess, E. El-Chantiry, J. Harder, P. Feltmate, C. Doucet, D. Deans and Mayor Chiarelli. Nays (3): Councillors D. Holmes, A. Cullen and G. Bédard. 17. APPEAL - COMMITTEE OF ADJUSTMENT - 5308 FRANK KENNY ROAD COMMITTEE RECOMMENDATION That Council approve the presence of staff from the Planning and Growth Management and Corporate Services Departments at the Ontario Municipal Board Hearing regarding the Committee of Adjustment application for consent to allow a residential lot at 5308 Frank Kenny Road. CARRIED 18. DESIGNATION OF 5 BLACKBURN AVENUE UNDER PART IV OF THE ONTARIO HERITAGE ACT COMMITTEE RECOMMENDATION That Council approve the designation of 5 Blackburn Avenue under Part IV of the Ontario Heritage Act in accordance with the Statement of Reason for Designation, attached as Document 3. CARRIED 19. APPLICATION FOR NEW CONSTRUCTION IN THE BY WARD MARKET HERITAGE CONSERVATION DISTRICT AT 90 MURRAY STREET COMMITTEE RECOMMENDATION That Council approve the application for new construction in the By Ward Market Heritage Conservation District at 90 Murray Street in accordance with the plans filed by Richard Chmiel, Architects, received on June 2004, included as Document 3. CARRIED 20. DESIGNATION OF THE FORMER OSGOODE TOWNSHIP HALL, 8243 VICTORIA STREET, UNDER PART IV OF THE ONTARIO HERITAGE ACT COMMITTEE RECOMMENDATION AS AMENDED That Council approve the designation of the former Osgoode Township Hall, 8243 Victoria Street, under Part IV of the Ontario Heritage Act in accordance with the Statement of Reason for Designation, attached as Document 3 as amended by the following (Third Paragraph): The decorative wood ceiling is included in the designation. The remaining interior elements of the building and the addition to the north and east are not included in this designation. CARRIED 21. HERITAGE DESIGNATION PLAQUE DESIGN COMMITTEE RECOMMENDATIONS AS AMENDED That Council: 1. Approve the design for heritage designation plaques included as Option 2, Document 3, with the choice of upper or lower case in the plaque text left to the discretion of staff. 2 Amend the Visual Identity Standards Manual and Usage Policy to allow the design of the heritage designation plaques to include the Coat of Arms of the City of Ottawa. CARRIED 22. SIGN BY-LAW MINOR VARIANCE - 181 QUEEN STREET COMMITTEE RECOMMENDATION That Council approve a Minor Variance to Signs By-law 36-2000, of the former City of Ottawa, to permit five banner styled identification projecting wall signs, located on Sparks Street, with each having an area of 3 square metres instead of the maximum area of 2 square metres. CARRIED 23. SIGN BY-LAW AMENDMENT - 429 PARKDALE AVENUE COMMITTEE RECOMMENDATION That Council approve a by-law amendment to Signs By-law 36-2000, of the former City of Ottawa, to permit replacement of secondary wall signage and a new ground sign, as detailed in Document 1, for 429 Parkdale Avenue as shown on Document 2. CARRIED 24. PLANNING REFORM COMMITTEE RECOMMENDATIONS AS AMENDED That Council: 1. Provide this report to the Minister of Municipal Affairs as the City of Ottawa Response on Planning Reform. 2. Request the Province to provide an opportunity for input on the amended documents. 3. Request the Province to circulate the amended Provincial Policy Statement to all Ministries with a request that they review their legislation in order to propose changes that would facilitate the policy direction. In particular there is a requirement to more closely integrate with the provision of schools, the undertaking of environmental assessments and the scope of the Development Charges Act. 4. Request the Province to ensure that adequate staff resources are available to provide timely input and useful guidelines or best practices. Also ensure that resources are available to assist municipalities to fund broad policy initiatives such as Brownfields policies. 5. That the City of Ottawa support the elimination of the Ontario Municipal Board (OMB) for planning decision appeals. MOTION NO. 18/4 Moved by Councillor P. Hume Seconded by Councillor G. Hunter That Recommendation 5 be revised as follows: WHEREAS the Municipal Sector represented by AMO and LUMCO believe that substantive reform of the OMB is required because "business as usual" isn't working and, in fact, the current process often undermines the authority of municipal Councils to make decisions on planning matters; AND WHEREAS the Municipal Sector represented by AMO and LUMCO envisions the OMB as a true appellate body that would review municipal decisions where bias or error was shown, and otherwise show greater deference and respect for the decisions of municipal Councils; BE IT THEREFORE RESOLVED: 1. That the City of Ottawa support the elimination of the Ontario Municipal Board for planning decisions; 2. In the alternative that the Council endorse the following recommendations: * "De Novo" hearings should not be automatic if the Board is to assume a true appellate role and should only occur when the OMB finds that a municipality acted unreasonably. * The Planning Act should be amended to specifically address the differences in the roles of municipal Council and the OMB in considering development applications. * Legislation must require applicants to submit a complete application which may include a full set of technical studies, as defined by Official Plan, in support of development applications to Council. If new technical information is required, the application should go back for consideration by the municipal Council. * The role of the OMB should be limited to hearing appeals of zoning, Official Plan, and subdivision applications. Appeals of site plans, consents and minor variances should be through a local process. * Strengthen the ability of the OMB to scope issues through pre-hearings, mediation, arbitration and other such processes. * An independent OMB composed of members who are well qualified, appropriately compensated, properly trained and appointed for longer than five (5) years. Motion No. 18/4 was divided for voting purposes. Recommendation 1 was CARRIED on a division of 12 YEAS to 10 NAYS as follows: Yeas (12): Councillors D. Holmes, P. Hume, M. Bellemare, A. Cullen, J. Stavinga, J. Legendre, R. Jellett, G. Bédard, P. Feltmate, C. Doucet, D. Deans and Mayor Chiarelli. Nays (10): Councillors G. Brooks, S. Little, R. Chiarelli, H. Kreling, M. McRae, D. Thompson, G. Hunter, R. Bloess, E. El-Chantiry and J. Harder. Recommendation 2 was CARRIED. Item 24 of Planning and Environment Committee Report 15A was put to Council and was CARRIED as amended by Motion No. 18/4. 25. CITY OF OTTAWA APPLICATION TO THE GREEN MUNICIPAL ENABLING FUNDS (2003-4) COMMITTEE RECOMMENDATION That Council approve the Application to the Federation of Canadian Municipalities' Green Municipal Enabling Funds for the following projects: 1. Hybrid Bus Implementation Plan - Phase 1 Feasibility Study; 2. City Green; 3. Brownfield Redevelopment Strategy; and 4. Implementing Sustainable Transportation Policies through Zoning Regulations CARRIED TRANSPORTATION COMMITTEE REPORT 11 1. FARE-PAID PROOF OF PAYMENT (POP) ZONES ON O-TRAIN PLATFORMS COMMITTEE RECOMMENDATION That Council approve the changes in the Regional Regulatory Code in Appendix A to support the administration of fare-paid, Proof of Payment (POP) zones on O-Train platforms. MOTION NO. 18/5 Moved by Councillor J. Stavinga Seconded by Councillor J. Legendre BE IT RESOLVED that the fine for fare evasion in proof of payment zones be increased from $100 to $250 and that staff be directed to initiate an application for the new set fine for this offense. LOST on a division of 9 YEAS to 12 NAYS as follows: Yeas (9): Councillors D. Holmes, P. Hume, M. McRae, J. Stavinga, J. Legendre, G. Hunter, G. Bédard, P. Feltmate and D. Deans. Nays (12): Councillors G. Brooks, S. Little, R. Chiarelli, H. Kreling, M. Bellemare, A. Cullen, D. Thompson R. Jellett, R. Bloess, E. El-Chantiry, J. Harder and C. Doucet. Item 1 of Transportation Committee Report 11 was then put to Council and CARRIED. Motion to Adopt Committee Reports MOTION NO. 18/6 Moved by Councillor G. Bédard Seconded by Councillor P. Feltmate That Corporate Services and Economic Development Committee Report 15, Planning and Development Committee Report 15A, and Transportation Report 11, be received and adopted as amended. CARRIED Motions of Which Notice Has Been Given Previously MOTION NO. 18/7 Moved by Councillor P. Hume Seconded by Councillor R. Jellett WHEREAS on July 14, 2004, City Council approved report 12 of Agenda 16 of the Planning and Environment Committee meeting dated June 22, 2004, to amend Signs By-law 36-2000 by adding sign regulations unique to the streetscape design objectives for this Special Design District; AND WHEREAS staff subsequently met with representatives of the Old Ottawa South Business and Community Association regarding the introduction of murals located on the sidewall of buildings and to discuss the establishment of a review body to scrutinize proposed murals; AND WHEREAS the Municipal Act does not enable a municipality to regulate the design or content of murals beyond the exception to permit up to 15% of the mural area (to a maximum of 2.5 square metres) to display an acknowledgement of the artist or patron that commissioned or sponsored the mural; BE IT THEREFORE RESOLVED that Council request the Old Ottawa South Business and Community Association to consider forming a review group to establish a community theme and to request local businesses contemplating the installation of murals to agree to submit their mural design proposals to the review group for consideration/approval in the context of the established theme. CARRIED MOTION NO. 18/8 Moved by Councillor R. Jellett Seconded by Councillor J. Stavinga WHEREAS air pollution, one of the leading causes of which is vehicle emissions, leads to approximately 2,000 premature deaths and health costs of approximately $10 billion per year in Ontario; AND WHEREAS Car Free Day is being celebrated in over 1500 cities worldwide on September 22 with the objective of encouraging greater use of public transit, cycling or walking; AND WHEREAS Ottawa's Car Free Day is being hosted by the Sierra Club of Canada in collaboration with the City of Ottawa, OC Transpo and Environment Canada; BE IT THEREFORE RESOLVED that City Council proclaim September 22nd 2004 as Ottawa Car Free Day as an expression of the City's support for this worthy public education event: AND BE IT FURTHER RESOLVED THAT all Councillors in the urban transit area come to City Hall by means other than a car. CARRIED on a division of 14 YEAS to 6 NAYS as follows: Yeas (14): Councillors G. Brooks, S. Little, D. Holmes, P. Hume, M. Bellemare, A. Cullen, M. McRae, R. Jellett, G. Hunter, G. Bédard, R. Bloess, P. Feltmate, C. Doucet and D. Deans. Nays (6): Councillors R. Chiarelli, H. Kreling, J. Stavinga, D. Thompson, E. El-Chantiry and J. Harder. Motions Requiring Suspension of the Rules of Procedure MOTION NO.18/9 Moved by Councillor R. Jellett Seconded by Councillor H. Kreling That the Rules of Procedure be suspended to consider and approve the following Motion: WHEREAS the Cumberland Heritage Village Museum Board, consists of eight voting citizen members and one non-voting Councillor; AND WHEREAS the quorum for the Board meetings is four; AND WHEREAS there have been several resignations over the past months which have depleted the reserve member list; AND WHEREAS there remains only four voting members; AND WHEREAS the annual membership recruitment drive begins this month, with new members expected by December, AND WHEREAS it is anticipated that quorum will be difficult to obtain until new members are appointed; BE IT THEREFORE RESOLVED THAT quorum for this Board be temporarily reduced to three until full membership of eight members is appointed, after which time quorum will return to four. CARRIED MOTION NO. 18/10 Moved by Councillor J. Harder Seconded by Councillor R. Chiarelli That the Rules of Procedure be suspended to consider and approve Motion No. 18/11. CARRIED on a division of 18 YEAS to 2 NAYS as follows: Yeas (18): Councillors G. Brooks, S. Little, R. Chiarelli, D. Holmes, H. Kreling, P. Hume, A. Cullen, M. McRae, J. Stavinga, D. Thompson, J. Legendre, R. Jellett, G. Bédard, R. Bloess, E. El-Chantiry, J. Harder, P. Feltmate and C. Doucet. Nays (2): Councillors G. Hunter and D. Deans. MOTION NO. 18/11 Moved by Councillor J. Harder Seconded by Councillor R. Chiarelli That Council name the Little League baseball diamond at South Nepean Park the "Eagles Nest". CARRIED with Councillors D. Holmes, G. Hunter, D. Doucet and D. Deans dissenting. Notices of Motion (For Consideration at Subsequent Meeting) Moved by Councillor G. Brooks Seconded by Councillor R. Jellett The Ontario government has enacted a new drinking water regulation under the Safe Drinking Water Act, 2002. Effective June 1, 2003, the Drinking water Systems Regulation (O. Reg. 170/03) replaced the Drinking Water Protection Regulation (O. Reg. 459/00 and 505/01). Implementation of Regulation 170 was deferred to December 31st, 2004. Thus, WHEREAS the intent of provincial Reg. 170 is to provide clean safe drinking water to all Ontario residents; AND WHEREAS the costs associated with implementing Reg. 170 will create an additional financial burden to all Ontario municipalities; AND WHEREAS the rural businesses and community facilities on private services are required to comply with the regulation at considerable costs - engineering design, equipment installation and testing as prescribed in regulation; THEREFORE BE IT RESOLVED that the City of Ottawa requests the Province to extend the implementation date. Further, that the Provincial Minister's representative(s) work with the City so as to develop a less onerous, but effective regulation. And that this be done in concert with our Medical Officer of Health. Moved by Councillor R. Jellett Seconded by Councillor J. Stavinga WHEREAS 'Volunteer Fire Fighter' means a fire fighter who provides fire protection services either voluntarily or for a nominal consideration, honorarium, training or activity allowance; AND WHEREAS the City of Ottawa is losing experienced volunteer/part time fire fighters in the rural areas because the fire fighters union will not allow full-time fire fighters to volunteer within the same municipality they work in (double-hatters); AND WHEREAS the Ministry of Community Safety and Correctional Services reviewed the impact on fire protection service delivery due to the reduction of available volunteer fire fighters as a result of the removal of 'two hatters' from the City of Ottawa Fire Services; AND WHEREAS, in March of 2004, the Ontario's Community Safety Minister Monte Kwinter said he would introduce legislation to solve the crisis if the fire fighters union refused mediation and the Minister is now stating that it is up to the municipalities to solve the crisis through the collective bargaining process; AND WHEREAS the Labour Relations Act provides that each union represent all of the employees within bargaining units for which the union is certified, fairly, in a non-arbitrary manner, and also prohibits actions by unions against employees for taking positions contrary to the union interest; And WHEREAS, the Fire Protection and Prevention Act is silent on the issue of individual protection; AND WHEREAS there are several large organizations such as the Ottawa Hospital, School Boards who operate with volunteers; AND WHEREAS Provincial inaction is costing communities valuable volunteer fire fighters on a daily basis; BE IT RESOLVED THAT the Premier be requested to take immediate action to protect the rights of individual fire fighters by enacting legislation to protect emergency volunteer workers without further delay. Moved by Councillor P. Hume Seconded by Councillor J. Stavinga WHEREAS on June 24, 2004 Ontario's Environment Minister Leona Dombrowksy announced the establishment of an advisory panel to recommend ways of improving the province's environmental assessment process; AND WHEREAS in the Environmental Assessment Process Traffic Calming is identified as a Schedule B activity if the cost of the works is less than 1.5 million dollars and a Schedule C activity if the cost of the works is greater than 1.5 million dollars; AND WHEREAS the requirement to conduct Schedule B and C Environmental Assessments is extremely onerous and costly making the required studies cost, in some cases, as much as the recommended improvements; AND WHEREAS the current requirement (Schedule B and C Environmental Assessments) applies to both the installation and removal of Traffic Calming Improvements which limits the ability to use cost effective temporary traffic calming measures; AND WHEREAS the very purpose of traffic calming is to reduce the impact of vehicular traffic on the communities through which the traffic is flowing and therefore the installation of traffic calming thus by definition reduces the environmental impact of vehicular traffic; THEREFORE BE IT RESOLVED that the Mayor, on behalf of City Council, write to the Minister of the Environment Leona Dombrowsky and the Chair of the Minister's Advisory Panel on Environmental Assessment recommending that the panel take the necessary steps to ensure that Traffic Calming be considered to be a Schedule A (pre-approved) activity; AND FURTHER BE IT RESOLVED that Council direct our representative on the Board of the Association of Municipalities of Ontario to bring this resolution to the next Board meeting and seek AMO endorsement of Council's position; AND URTHER BE IT RESOLVED that Council request that the Mayor bring this resolution to the next meeting of the Large Urban Mayor's Caucus of Ontario and seek a LUMCO resolution supporting Council's position. By-laws Three Readings MOTION NO. 18/12 Moved by Councillor G. Bédard Seconded by Councillor P. Feltmate That the following by-laws be enacted and passed: 2004-392 A by-law of the City of Ottawa to amend By-law No. 2003-513 respecting sewer capital charges for the property known municipally as 4505 Bank Street. 2004-393 A by-law of the City of Ottawa to amend By-law No. 2001-12 respecting delegation of authority to various officers of the City. 2004-394 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 (Mariah Street and Rollin Place). 2004-395 A by-law of the City of Ottawa to repeal By-law No. 87-99 of the old Corporation of the City of Kanata. 2004-396 A by-law of the City of Ottawa to lift a holding zone at 1966 Roger Stevens Drive. 2004-397 A by-law of the City of Ottawa to amend the Regional Regulatory Code respecting proof of payment on light rail vehicles. 2004-398 A by-law of the City of Ottawa to close parts of Caledon Street, Terminal Avenue, Elgin Street, Murray Street and St. Patrick Street in the City of Ottawa and to repeal by-law 107 of 1993 of the former Regional Municipality of Ottawa-Carleton. 2004-399 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. (various parcels) 2004-400 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 property known municipally as 714 Carson's Road and part of 710 Carson's Road. 2004-401 A by-law of the City of Ottawa to amend the The City of Gloucester Zoning By-law, being By-law No. 333 of 1999 of the former City of Gloucester for the property known municipally as 3600 Uplands Drive. 2004-402 A by-law of the City of Ottawa to amend the Zoning By-law of the former Corporation of the Township of Osgoode, being By-law No. 2003-230 of the City of Ottawa for the property east of 5479 Osgoode Main Street. 2004-403 A by-law of the City of Ottawa to adopt an amendment to the official plan of the City of Ottawa - 701-711 Montreal Road. 2004-404 A by-law of the City of Ottawa to adopt an amendment to the official plan of the former City of Ottawa - 701-711 Montreal Road. 2004-405 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, for the purpose of changing the zoning in effect over 701-711 Montreal Road. 2004-406 A by-law of the City of Ottawa to amend Zoning By-law, 1998, being By-law Number 93-98 of the former City of Ottawa, for the purpose of changing the zoning in effect over 1440 Bank Street. 2004-407 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 5532 Ferry Road. 2004-408 A by-law of the City of Ottawa to amend the Zoning By-law, being By-law No. 84/77 of the former Township of Rideau for the purpose of changing the zoning in effect over 2352 Roger Stevens Drive. 2004-409 A by-law of the City of Ottawa to amend the Zoning By-law of the former Corporation of the Township of Osgoode, being By-law No. 2003-230 of the City of Ottawa, for the purpose of changing the zoning in effect over 4065 Stagecoach Road. 2004-410 A by-law of the City of Ottawa to amend the Zoning By-law, being By-law No. 40-99 of the former Township of Goulbourn for properties known municipally as 150, 152, 154, 156, 158, 160, 162, and 164 Arrowwood Drive and part of Block 99 on Plan 4M-1226. 2004-411 A by-law of the City of Ottawa to amend the Zoning By-law of the former Corporation of the Township of Osgoode, being By-law No. 2003-230 of the City of Ottawa for the property known municipally as 8595 Bank Street. 2004-412 A by-law of the City of Ottawa to repeal By-law No. 2004-384 and to amend the Zoning By-law, being By-law No. 84/77 of the former Township of Rideau for the properties known municipally as 2149 and 2157 Phelan Road. 2004-413 A by-law of the City of Ottawa to amend The Official Plan for the City of Ottawa, to implement minor policy changes in response to appeals of the official plan - OPA 12. 2004-414 A by-law of the City of Ottawa to amend The Official Plan for the City of Ottawa, to implement minor policy changes to the official plan - OPA 13. 2004-415 A by-law of the City of Ottawa to amend The Official Plan for the City of Ottawa, to correct errors in and make editorial changes to the official plan - OPA 14. 2004-416 A by-law of the City of Ottawa to amend The Official Plan for the City of Ottawa, to correct and make minor policy changes to Annex 1 of the official plan - OPA 15. 2004-417 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. 2004-418 A by-law of the City of Ottawa to amend By-law No. 2001-208 to appoint certain Municipal Law Enforcement Officers with respect to parking infractions on City Streets and City Property. CARRIED Confirmation By-law MOTION NO. 18/13 Moved by Councillor G. Bédard Seconded by Councillor P. Feltmate THAT By-law 2004 - 419 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 2005 Capital budget. From Councillor G. Brooks to the City Manager respecting Reserve Accounts. Adjournment Council adjourned the meeting at 4:45 with the following Members of Council present: Councillors G. Brooks, S. Little, R. Chiarelli, D. Holmes, H. Kreling, P. Hume, M. Bellemare, A. Cullen, M. McRae, J. Stavinga, D. Thompson, R. Jellett, G. Hunter, G. Bédard, R. Bloess, E. El-Chantiry, J. Harder, P. Feltmate, C. Doucet and D. Deans. CITY CLERK MAYOR 14 OTTAWA CITY COUNCIL MINUTES 18 8 SEPTEMBER 2004