24 AUGUST 2005
12:00 p.m.
MINUTES
38
The Council of the City of Ottawa met at Andrew S. Haydon Hall, 110 Laurier Avenue West, Ottawa, on 24, August 2005 at 12:00 p.m.
The Mayor, Bob Chiarelli, presided and led Council in prayer.
The National Anthem was performed by Maria Hawkins.
Announcements/Ceremonial
Activities
The Mayor presented a proclamation declaring August 24, 2005 as Volunteer Ottawa Day to Mr. Bill Robinson, Chair of the Board of Directors of Volunteer Ottawa, and Larissa Silver, Executive Director.
Roll Call
ALL MEMBERS WERE PRESENT EXCEPT COUNCILLORS R. CHIARELLI AND
G. BÉDARD.
Confirmation of Minutes
The Minutes of the regular Council meeting of 13 and 15 July
2005 and the In Camera meeting of 13 July 2005 were confirmed.
Declarations of Interest Arising from Prior Meetings of Council and Committees
No Declarations of Interest were filed.
Communications
The following communications were received:
· From the Business Advisory Committee indicating that the Advisory Committee does not support the current document on the New City of Ottawa Act and recommending that the City consult with the business community, Ottawa residents, and constituents, prior to submitting the New City of Ottawa Act to the Province of Ontario.
· From the Business Advisory Committee supporting City Council’s resolution to the Minister of Municipal Affairs and Housing to issue a Regulation granting the City an extension of two years to the expiry date for the remaining licensing by-laws of the twelve former municipalities.
Regrets
The following
Members of Council advised that they would be absent from the Council meeting
on the date indicated:
Councillor R. Chiarelli 24 August 2005
Councillor G. Bédard 24 August 2005 (City business)
Reconsideration
CORPORATE SERVICES AND ECONOMIC DEVELOPMENT COMMITTEE REPORT 31
2. LEASE OF LAND - 599 SMYTH ROAD, OTTAWA |
Moved by Councillor D. Deans
Seconded by Councillor R. Bloess
BE IT RESOLVED that non-permanent
use of green space within the Alta Vista Transportation Corridor be restricted
to areas where there is sufficient land available so that temporary uses do not
interfere with the preferred alignment for the Alta Vista Transportation
Corridor;
AND BE IT FURTHER RESOLVED
that the City erect signs indicating that any use of the green space within
Alta Vista Transportation Corridor is temporary.
CARRIED on
a division of 11 YEAS to 10 NAYS as follows:
Yeas (11): Councillors G. Brooks, P. Feltmate, E.
El-Chantiry, M. Bellemare,
G.
Hunter, R. Bloess, D. Deans, J. Harder, R. Jellett, J. Legendre
and
Mayor Chiarelli.
Nays (10): Councillors
G. Bédard, C. Doucet, D. Holmes, H. Kreling, P. Hume,
J. Stavinga, M. McRae, R. Chiarelli, A. Cullen and S.
Little.
Moved by Councillor C. Doucet
Seconded by Councillor D. Holmes
That
Motion No. 37/6 be reconsidered at the next regular Council meeting.
Pursuant to Section 61 (4) of Procedure
By-law 2003-589, Notice of reconsideration CARRIED on a division of
9 YEAS to 11 NAYS as follows:
Yeas (9): Councillors G. Bédard, C. Doucet, D.
Holmes, H. Kreling, P. Hume,
M.
McRae, A. Cullen, J. Legendre and Mayor Chiarelli.
Nays (11): Councillors G. Brooks, P. Feltmate, E.
El-Chantiry, M. Bellemare,
G.
Hunter, R. Bloess, D. Deans, J. Stavinga, J. Harder, R. Jellett
and
S. Little.
Moved by Councillor J. Legendre
Seconded by Councillor M. McRae
That
Motion No. 37/6 be reconsidered.
Reconsideration
LOST on a division of 8 YEAS to 12 NAYS as follows:
Yeas (8): Councillors
D. Holmes, J. Legendre, M. McRae, A. Cullen, P. Hume, C. Doucet, R. Jellett and
Mayor Chiarelli.
Nays (12): Councillors
J. Stavinga, G. Brooks, H. Kreling, D. Deans, M. Bellemare,
G. Hunter, D.
Thompson, R. Bloess, S. Little, E. El-Chantiry, J. Harder,
P. Feltmate and
Mayor Chiarelli.
The Motion to reconsider having
been lost, the City Council decision of 13 and 15 July stands.
Motion to Introduce Committee Reports
That Agriculture and Rural
Affairs Committee Report 13, Corporate Services and Economic Development
Committee Report 33, Ottawa Police Services Board Report 7, Planning and
Environment Committee Report 33A and Transportation Committee Report 24A be
received and considered.
CARRIED
AGRICULTURE AND RURAL AFFAIRS COMMITTEE REPORT 13
1. OTTAWA’S RURAL SUMMIT -
DRAFT ISSUES PAPER
COMMITTEE
RECOMMENDATIONS AS AMENDED
That Council:
1. Approve the addition of "Rural Business Issues" as one of the
topics for Ottawa's Rural Summit; and
2. Receive this report for information.
CARRIED
CORPORATE SERVICES AND
ECONOMIC DEVELOPMENT COMMITTEE REPORT 33
1. PROCEDURE
BY-LAW mid-term review |
Committee recommendations
as amended
That
Council:
1. Approve the amendments
to By-law No. 2003-589, being the City of Ottawa’s existing Procedure By-law as
outlined in Attachment 1; and
2. Enact the revised By-law as presented in Attachment 1, as
amended by the following:
i)
That the start time of regular Council Meetings, as
set out in Section 8 of the Procedure By-law (being By-law No. 2003-589)
be changed to 1:00 p.m.; and
ii) that the words
“inclusive of the time utilized pursuant to subsection (2)” be added to the end
of subsection 43 (1) such that the section will read:
“43. TIME LIMITED
(1) (1) No member, without leave of the Council,
shall speak to the same questions, or in reply, for longer than five minutes, inclusive
of the time utilized pursuant to subsection (2).
(2) No member shall be permitted to ask questions on an item,
including response time, for more than five minutes ”.
Moved by Councillor G. Brooks
Seconded by Councillor D. Thompson
WHEREAS an
efficient speaker is an effective speaker;
THEREFORE BE IT
RESOLVED that the Council speaking time limit be changed from 5 minutes to 3
minutes.
LOST on a division of 2 YEAS to 16 NAYS as
follows:
Yeas (2): Councillors G.
Brooks and D. Thompson.
Nays (16): Councillors D.
Holmes, J. Stavinga, J. Legendre, H. Kreling, M. McRae,
A. Cullen, D. Deans, M. Bellemare, P. Hume,
G. Hunter, R. Bloess, C. Doucet,
S. Little, E. El-Chantiry, P. Feltmate and
Mayor Chiarelli.
Moved by Councillor G. Brooks
Seconded by Councillor D. Thompson
WHEREAS
from time to time some Council meetings may last more than one day;
THEREFORE BE IT
RESOLVED that when a Council meeting lasts for more than one day, that the
meeting resume on the next regular business day.
LOST on a division 6 YEAS to 12 NAYS as follows:
Yeas (6): Councillors G. Brooks, A. Cullen, G. Hunter, D. Thompson, S. Little
and E. El-Chantiry.
Nays (12): Councillors D. Holmes, J. Stavinga, J. Legendre, H. Kreling, M. McRae,
D. Deans, M. Bellemare, P. Hume, R. Bloess, C. Doucet, P. Feltmate
and Mayor Chiarelli.
Moved by Councillor G. Brooks
Seconded by Councillor D. Thompson
WHEREAS
all members of Council are equal and each have one vote;
AND WHEREAS it is imperative that each Member of Council
vote individually;
THEREFORE BE IT RESOLVED that the rotating voting order
of Council also apply to the Mayor.
LOST on a division of 2 YEAS to 18 NAYS as follows:
Yeas (2): Councillors G. Brooks and D. Thompson.
Nays (18): Councillors D.
Holmes, J. Stavinga, J. Legendre, H. Kreling, M. McRae,
A. Cullen, D. Deans, M. Bellemare, P. Hume, G. Hunter, R. Bloess, C. Doucet,
S. Little, E. El-Chantiry, J. Harder, R. Jellett, P. Feltmate and Mayor Chiarelli.
Moved by Councillor J. Legendre
Seconded by Councillor C. Doucet
WHEREAS Section 56 of the Procedure
By-law, “That the question be now put,” is a form of “closure” of debate
for City Council;
AND WHEREAS most such
provisions at all levels of government have traditional been employed only in
those circumstances where the debate has been prolonged, including as a
response to such tactical approaches as a filibuster;
AND WHEREAS the current Rules
of Procedure permit a mover and seconder of a motion “That the question be
now put” to continue to participate in the debate even if such a motion fails;
AND WHEREAS the decision to
move and second a motion to close debate on any item is a serious one and
should have implications attached to same;
THEREFORE BE IT RESOLVED that
Section 56 of the Procedure By-law be amended to add the following:
(2)
The members who have moved and seconded a motion
pursuant to subsection (1) which is lost shall have no further right to speak
or ask questions regarding the matter and all related items.
LOST on a division of 5 YEAS to 15 NAYS as follows:
Yeas (5): Councillors
D. Holmes, J. Legendre, G. Hunter, D. Thompson and C. Doucet.
Nays (15): Councillors J. Stavinga, G. Brooks, H.
Kreling, M. McRae, A. Cullen, D. Deans, M. Bellemare, P. Hume, R. Bloess, S.
Little, E. El-Chantiry, J. Harder, R. Jellett, P. Feltmate and Mayor Chiarelli.
MOTION
NO. 38/7
Moved by Councillor J. Legendre
Seconded by Councillor P. Hume
WHEREAS Section 56 of the Procedure
By-law, “That the question be now put,” is a form of “closure” of debate
for City Council;
AND WHEREAS most such
provisions at all levels of government have traditionally been employed only in
those circumstances where the debate has been prolonged, including as a
response to such tactical approaches as a filibuster;
AND WHEREAS the current Rules
of Procedure permit a mover and seconder of a motion “That the question be
now put” to continue to participate in the debate even if such a motion fails;
AND WHEREAS the decision to
move and second a motion to close debate on any item is a serious one and
should have implications attached to same;
THEREFORE BE IT RESOLVED that
Section 56 of the Procedure By-law be amended to add the following:
(1)
(f) Cannot preclude a member from completing the introduction
of an amendment that he/she has moved but has not addressed.
CARRIED on a division of 18
YEAS to 2 NAYS as follows:
Yeas (18): Councillors D.
Holmes, J. Stavinga, J. Legendre, H. Kreling, M. McRae,
A. Cullen,
D. Deans, M. Bellemare, P. Hume, G. Hunter, D. Thompson,
R. Bloess,
C. Doucet E. El-Chantiry, J. Harder, R. Jellett, P. Feltmate and
Mayor
Chiarelli.
Nays (2): Councillors G. Brooks and S. Little.
Moved by Councillor J. Legendre
Seconded by Councillor D. Holmes
That the
start time of the regular Council meetings return to the usual 1:30 p.m. in
harmony with the usual start times of Committees for afternoon meetings.
LOST on a division of 8 YEAS to 12 NAYS as follows:
Yeas (8): Councillors D.
Holmes, J. Stavinga, J. Legendre, G. Brooks, M. McRae,
A.
Cullen, D. Deans and M. Bellemare.
Nays (12): Councillors H. Kreling, P. Hume, G.
Hunter, D. Thompson, R. Bloess, C. Doucet, S. Little, E. El-Chantiry, J.
Harder, R. Jellett, P. Feltmate and Mayor Chiarelli.
MOTION
NO. 38/9
Moved by Councillor J. Legendre
Seconded by Councillor D. Holmes
That the Rules of Procedure
be waived and that Council meetings commence at 1:00 p.m. beginning with the
meeting of September 14, 2005.
CARRIED with Councillor J. Harder dissenting.
The
Committee Recommendations as amended were divided for voting purposes.
Recommendation 1
was put to Council and CARRIED subject to a recorded vote on Subsection 4 (1)
as follows:
Section 4
(1) was was CARRIED on a division of 13 YEAS to 7 NAYS as follows:
Yeas (13): Councillors D. Holmes, H. Kreling, M.
McRae, M. Bellemare, P. Hume,
G. Hunter, D. Thompson, R.
Bloess, S. Little, E. El-Chantiry, J. Harder,
R. Jellett and Mayor Chiarelli.
Nays (7): Councillors J. Stavinga, J. Legendre,
G. Brooks, A. Cullen, D. Deans,
C. Doucet and P. Feltmate.
Recommendation 2
as amended by Motion No. 38/9, was put to Council and CARRIED, subject to a
recorded vote on and reconsideration of Subsection 74 (6) (c) and
Recommendation 2 (ii) as follows:
Subsection 74 (6) (c) was put to Council and LOST on a division of 10
YEAS to 10 NAYS as follows:
Yeas (10): Councillors H. Kreling, M. McRae, M.
Bellemare, G. Hunter, D. Thompson,
R. Bloess, S. Little, E.
El-Chantiry, J. Harder and Mayor Chiarelli.
Nays (10): Councillors D. Holmes, J. Stavinga, J.
Legendre, G. Brooks, A. Cullen, D. Deans, P. Hume, C. Doucet, R. Jellett and P.
Feltmate.
MOTION
NO. 38/10
Moved by Councillor S. Little
Seconded by Councillor M. McRae
That Subsection 74 (6) (c) be
reconsidered at the next regular Council meeting.
Pursuant to Section 61 (4) of Procedure
By-law 2003-589, Notice
of Reconsideration was CARRIED on a division of 11 YEAS to 9 NAYS as follows:
Yeas (11): Councillors
G. Brooks, H. Kreling, M. McRae, M. Bellemare, G. Hunter,
D. Thompson, S. Little, E. El-Chantiry, J. Harder, R. Jellett and Mayor
Chiarelli.
Nays (9): Councillors D.
Holmes, J. Stavinga, J. Legendre, A. Cullen, D. Deans,
P. Hume, R. Bloess, C. Doucet and P.
Feltmate.
Recommendation 2 (ii) was put to Council and CARRIED on a division of
11 YEAS to 9 NAYS as follows:
Yeas (11): Councillors H.
Kreling, M. McRae M. Bellemare, P. Hume, D. Thompson,
R. Bloess, S. Little, E. El-Chantiry, J.
Harder, R. Jellett and Mayor Chiarelli.
Nays (9): Councillors
D. Holmes, J. Stavinga, J. Legendre, G. Brooks, A. Cullen,
D. Deans, G. Hunter, C. Doucet and P. Feltmate.
Moved by Councillor J. Stavinga
Seconded by Councillor D. Deans
That Recommendation 2 (ii) be
reconsidered at the next regular Council meeting.
Pursuant to Section 61 (4) of Procedure
By-law 2003-589, Notice
of Reconsideration was CARRIED on a division of 11 YEAS to 8 NAYS as follows:
Yeas (11): Councillors D. Holmes, J. Stavinga, J.
Legendre, G. Brooks, A. Cullen,
D. Deans, G. Hunter, C. Doucet, E.
El-Chantiry, R. Jellett and P. Feltmate.
Nays (8): Councillors H. Kreling, M. McRae, P.
Hume, D. Thompson, R. Bloess,
S. Little, J. Harder and Mayor Chiarelli.
2. CLAIMS SETTLED OVER $50,000 |
Committee recommendation
That Council
receive this report for information.
RECEIVED
3. SALE
OF LAND, HAWTHORNE BUSINESS PARK, 2950 SWANSEA CREScent |
Committee recommendationS
That Council:
1. Declare a 1.2977 ha parcel of vacant land located at 2950 Swansea Crescent, described as Part
A on Reference Plan 5R-113, save and except Part 1 on Reference Plan 4R-7949
together with Part 14 on Reference Plan 4R-6946 save and except Part 1 on
Reference Plan 4R-7951 as surplus to City requirements;
2. Approve the sale of the lands described in
Recommendation 1, subject to any easements that may be required, to
Commonwealth Plywood Co. Ltd. for
$491,000.00 plus GST, pursuant to an agreement of purchase and sale
that has been received.
CARRIED
4. SALE
OF LAND - Part of Road Allowance between Lots 10 and 11, Conc. 8, Huntley At
West Limit of Howie Road |
Committee recommendationS
That Council:
1. Declare a vacant
parcel of land shown on Annex “A” attached, containing approximately 1.40 ha,
subject to final survey and being part of the road allowance between Lots 10
and 11, Concession 8, geographic Township of Huntley, in the City of Ottawa,
subject to the road being stopped up and closed by by-law, as surplus to the
City’s needs;
2. Approve the sale of
the land detailed in Recommendation 1, subject to any easements and
right-of-ways that may be required, to Henn Enterprises Inc., for the amount of
$20,000, plus GST, pursuant to an Agreement of Purchase and Sale that has been
received.
CARRIED
5. SALE
OF LAND - pART OF WOODWARD AVENUE ROAD ALLOWANCE |
Committee recommendationS
That Council:
1. Declare a vacant
parcel of land shown on Annex “A” attached, containing approximately 741.9 m2,
described as being part of Woodward Avenue, Registered Plan 346, in the City of
Ottawa and shown as Parts 9 on a draft plan of survey, prepared by Annis, O’Sullivan,
as Reference No. 4211-03-D2, subject to the road being stopped up and closed by
by-law, as surplus to the City’s needs;
2. Approve the sale of
the land detailed in Recommendation 1, subject to any easements that may be
required, to 1436742 Ontario Inc., for the amount of $36,000, plus GST,
pursuant to an Agreement of Purchase and Sale that has been received.
CARRIED
6. HOUSING BRANCH - SOCIAL
INFRASTRUCTURE PROJECT |
Committee recommendation
That Council establish a new Capital
Project called “Social Infrastructure Project” and approve a budget envelope of
$487,024, to be fully funded by Federal Government, and to be allocated over a
period of three years commencing September 2005.
CARRIED
7. 2014
Commonwealth games - ottawa bid |
Committee recommendations
as amended
That Council:
1. Formally authorize
a bid for the 2014 Commonwealth Games, including endorsement and support for
the Domestic Bid Phase;
2. Provide in-kind
support for the printing of the final bid proposal and funding support of up to
$275,000 to research, prepare and present the domestic bid, and that this
amount be funded from reserve funds;
3. Approve the bid
committee’s request that Mayor Chiarelli be a member of the bid committee and
that Councillor McRae be the other designate;
4. Approve that the
City Manager be designated to authorize City funding payments to the Bid
Committee and that all expenditures be approved by the City Manager and an
Ottawa Bid Committee designate;
5. Receive and
approve a final progress report for the domestic bid phase prior to the final
bid submission;
6. Approve that the
Province of Ontario be requested to indicate as soon as possible that it will
support a winning Ontario municipality in the international bidding process.
CARRIED
8. FRONT-ENDING
AGREEMENT - MARCH ROAD WIDENING - MORGAN'S GRANT WAY TO OLD CARP ROAD |
Committee recommendations
That Council:
1. Authorize the City to enter into
a front-ending agreement with Minto Developments Inc. and Kanata Road Inc. for
the design and construction of the widening of March Road from Morgan’s Grant
Way to Old Carp Road, based on the principles set forth in Document 1, and the
Council approved Front-Ending Policy in Document 2 with the final form and
content of the front-ending agreement being to the satisfaction of the Deputy
City Manager Planning and Growth Management and the City Solicitor.
2. Approve the payback of
$7,000,000 in 2008 for the design, construction and land cost of the March Road
Widening from development charges collected pursuant to By-Law 2004-298 be
approved subject to the execution of the front-ending agreement
3. In accordance with Council
approval of front-ending agreement policy, pre-commit $7,000,000 from the 2008
Capital Budget, subject to the execution of said agreement.
CARRIED
9. FRONT-ENDING
AGREEMENT - JOCKVALE ROAD REALIGNMENT |
Committee recommendations
That Council:
1. Authorize the City to enter into a front-ending
agreement with Monarch Corporation for the design and construction of the
realignment of Jockvale Road between Golflinks Crescent north and south legs,
south of the Jock River, based on the principles set forth in Document 1, and
the Council approved Front-Ending Policy in Document 2 with the final form and
content of the front-ending agreement being to the satisfaction of the Deputy
City Manager Planning and Growth Management and the City Solicitor.
2. That the payback, not to exceed $400,000 in 2006 for
the design, construction and land cost of the Jockvale Road realignment, as
provided for in the 2004 Capital Budget account 903593, and collected pursuant
to development charges By-Law 2004-298, be approved subject to the execution of
the front-ending agreement.
CARRIED with Councillor C. Doucet dissenting.
10. MUNICIPAL
HOUSING FACILITIES BY-LAW |
Committee recommendations
That
Council:
1.
Subject to recommendation 2, replace By-law No.
2002-88, the Municipal Housing Facilities By-law, with the By-law attached as
attachment 1;
2.
Not revoke By-law No. 2002-88, but leave it in place
for the purpose of those municipal project agreements entered into pursuant to
it, and Municipal Housing Facility Project By-laws passed pursuant to it; and,
3. Approve that Section 8 (2) and (3) of
the proposed by-law be amended to read:
(2) Despite
clause 7(e), units subject to a municipal housing project facilities agreement
may be sold to the housing provider if the purpose of the sale is to satisfy a
condition of ownership, the purpose of which is to ensure that the unit or
units continue to meet the definition of affordable housing and meet the
conditions of the respective municipal housing project facilities agreement.
(3) If a
unit is sold to the housing provider, as set out in subsection (2), the housing
provider shall not resell the unit at a price which would result in the
unit or
units not continuing to meet the definition of affordable housing and not
continuing to meet the conditions of the respective municipal housing project
facilities by-law and municipal housing project facilities agreement.
CARRIED with Councillor G. Brooks dissenting.
11. CUMBERLAND
RESERVE FUND |
Committee recommendations
That Council approve:
1. $100,000 from the
Cumberland Reserve Funds for the implementation of a waterplay park to be
located at Centennial Park in Orleans;
2. That Financial
Services be the lead in ensuring that detailed cost estimates are provided, and
that the funds are distributed accordingly.
CARRIED
12. OFFICIAL DESIGNATION -
TOWN CRIER FOR THE CITY OF OTTAWA |
Committee recommendation
That Council
officially designate Mr. Daniel Richer as honorary Town Crier for the City of
Ottawa, such designation to be effective upon Council approval and expire on
November 30th, 2006.
Moved by Councillor S. Little
Seconded by Councillor G. Brooks
That the $2500 be
allocated from the current Council Administration budget to cover this cost.
LOST on a division of 9 YEAS to 10 NAYS as follows:
Yeas (9): Councillors D. Holmes, J. Legendre, G. Brooks, M. McRae, A. Cullen,
M. Bellemare, C. Doucet, S. Little and Mayor Chiarelli.
Nays (10): Councillors J.
Stavinga, H. Kreling, D. Deans, P. Hume, G. Hunter, R. Bloess,
E. El-Chantiry, J. Harder, R. Jellett and P. Feltmate.
Moved by Councillor J. Legendre
Seconded by Councillor M. Bellemare
BE IT RESOLVED that each Councillor donate $100
from their office budget and that the Mayor’s office also donate $400 for a total sum
of $2500 to Daniel Richer, the City of Ottawa Town Crier, to allow him to represent
the City of Ottawa in the 11th World Town Crier Championships
scheduled to be held in Maryborough, Australia, from September 10th
to 17th 2005.
LOST on a division of 9 YEAS to 11 NAYS as follows:
Yeas (9): Councillors D. Holmes, J. Legendre, G. Brooks, M. McRae, M. Bellemare,
D. Thompson, R. Bloess, C. Doucet and Mayor Chiarelli.
Nays (11): Councillors J. Stavinga, H. Kreling, A. Cullen, D. Deans, P. Hume, G. Hunter,
S. Little, E. El-Chantiry, J. Harder, R. Jellett and P. Feltmate.
Item 12 Corporate
Services and Economic Development Committee Report 33 was then put to Council
and CARRIED.
13. EXTENSION OF CITY OF OTTAWA APPOINTEES TO THE CARP AIRPORT AUTHORITY |
Committee recommendation
That Council
approve that the terms of office of Harold Daley, Neville Johnston, John
MacMillan and Grant Stonehouse as City of Ottawa appointees to the Carp Airport
Authority be extended until December 2006, or until the provisions of the
Municipal Capital Facilities Agreement (MCFA) with West Capital Developments
(WCD) is approved by City Council, whichever comes first.
CARRIED
OTTAWA POLICE SERVICES BOARD
REPORT 7
1. AUDITOR-GENERAL’S REPORT
ON OPS BUDGET DEVELOPMENT PROCESSES |
BOARD RECOMMENDATION
That Council receive this report for information.
RECEIVED
2. OPS
RECORDS RETENTION SCHEDULE |
BOARD RECOMMENDATION
That Council enact the Ottawa
Police Service Retention of Police Reports Schedule as a by-law.
CARRIED
PLANNING AND ENVIRONMENT
COMMITTEE REPORT 33A
1. Zoning - CIty-wide - SECONDARY DWELLING UNITs |
Committee RECOMMENDATIONS AS AMENDED
1. That
Council approve an amendment to all affected former municipal Zoning By-laws to
permit secondary dwelling units, and to create a standard set of definitions
and regulations affecting this use, as detailed in Document 1, subject to
the following amendments:
a.
That
secondary dwelling entrances be limited to the ground floor except where
building and fire codes dictate otherwise.
b.
That
the following additional zoning regulations be added to the current zoning
by-laws listed in Section 1 of the Details of Recommended Zoning, Document 2,
to the above-noted report:
i) Subsection
11, paragraph 2 be deleted in its entirety and replaced by the following new
paragraph 2, immediately following Subsection 11, paragraph 1, within the newly
created General Provisions pertaining to Secondary Dwelling Units as follows
and that subsequent paragraphs be renumbered accordingly:
“2. One secondary dwelling unit is
permitted in any detached dwelling, semi-detached dwelling unit, or duplex
building, in any zone that permits these dwelling types provided,
a) it must not change the streetscape
character along the road on which it is located;
b) it must not be a stand-alone,
principal unit, capable of being severed; and
c) it must only exist along with, and
within the same building as, its principal dwelling unit.”
ii) A new paragraph 13 be added
following Subsection 11, paragraph 12 within the newly created General
provisions pertaining to Secondary Dwelling Units as follows and that all other
paragraphs be renumbered accordingly:
“13 a) Where the creation of a secondary dwelling unit
includes the provision of an additional, non-required parking space in a
driveway, a maximum of 50% of the length of any lot line abutting a street of a
residential lot may be used for a driveway; and
b)
In all residential zones, the remainder of the
front yard and the corner side yard not occupied by the driveway, must be
landscaped; and
c)
The provisions of clause 13 a) shall not
relieve a property from the need to comply with any other provision of this
by-law.”
c.
i) That
for the first five years the policy on secondary dwellings is in place a review
shall be conducted of complaints around parking in areas where secondary dwellings
are not currently permitted; and,
ii) That
this review shall include consultation with community associations in areas
where secondary dwellings are not currently permitted.
2.
That the Planning and Environment Committee direct the
Planning and Growth Management Department with the assistance of the Client
Service and Public Information Branch and the Housing Branch, to design a
community education program to promote the creation of secondary dwelling
units.
3.
That Interim Control By-law No. 2005-18, affecting the
area of Queensway Terrace North, which has the effect of prohibiting the
conversion of duplexes to “triplexes”, prevails over this amendment until the
interim control by-law is repealed or expires.
And that no further notice be
provided pursuant to Section 34 (17) of the Planning Act.
MOTION
NO. 38/14
Moved by Councillor J. Legendre
Seconded by Councillor R. Jellett
WHEREAS the Mayor and many members
of this Council have frequently given comforting assurances that Ottawa, upon
amalgamation, would preserve the character of its various communities;
AND WHEREAS it all too frequently happens that
these assurances prove unequal to the steady pressure from staff for
uniformity;
AND WHEREAS the issue of secondary
dwelling units would normally have been part of the new comprehensive zoning
by-law which will very likely have zoning rules which reflect the differing
nature of the various City neighbourhoods;
AND WHEREAS there are
no significant advantages to imposing this by-law in areas of the City which
have no desire for the by-law;
THEREFORE BE RESOLVED that the area
of the City comprised by the former Village of Rockcliffe Park be exempted from
the provisions of the Zoning By-law allowing secondary dwelling units in
residential buildings.
CARRIED on
a division of 12 YEAS to 8 NAYS as follows:
Yeas (12): Councillors J.
Legendre, G. Brooks, H. Kreling, M. McRae, D. Deans,
G. Hunter,
D. Thompson, R. Bloess, C. Doucet, E. El-Chantiry, R. Jellett
and Mayor
Chiarelli.
Nays (8): Councillors
D. Holmes, J. Stavinga, A. Cullen, M. Bellemare, P. Hume,
S. Little,
J. Harder and P. Feltmate.
Item 1 of
Planning and Environment Committee Report 33A was then put to Council and
CARRIED as amended by Motion No. 38/14 on a division of 16 YEAS to 3 NAYS as
follows:
Yeas (16): Councillors D.
Holmes, J. Stavinga, J. Legendre, G. Brooks, H. Kreling,
M. McRae, A.
Cullen, M. Bellemare, P. Hume, D. Thompson, C. Doucet,
S. Little,
E. El-Chantiry, R. Jellett, P. Feltmate and Mayor Chiarelli.
Nays (3): Councillors D.
Deans, G. Hunter and R. Bloess.
2. Ontario Municipal Board Appeal - ZONING/subdivision - 6851
Flewellyn Road |
Committee RECOMMENDATIONS
That Council endorse the following
position at the Ontario Municipal Board hearing for 6851 Flewellyn Road:
1. that the draft plan of Subdivision as
shown in Document 1 be refused;
2. that the Zoning By-law Amendment to
rezone 6851 Flewellyn Road from Rural Zone (RU) to Estate Residential (ER) be
refused; and
3. that
appropriate staff resources, from the Corporate Services and Planning and
Growth Management Departments be committed for participation in the Ontario
Municipal Board hearing.
CARRIED
3. OFFICIAL PLAN - 6303 Hazeldean RoaD |
Committee RECOMMENDATIONS AS AMENDED
That Council:
1. Approve
an amendment to the City Council Approved Official Plan by adding a site
specific policy in the General Urban Area to permit an 11,000 m2
retail centre with a full range of retail uses at 6303 Hazeldean Road.
2. Approve
an amendment to the former Township of Goulbourn Office Plan to permit the
establishment of retail uses on 6303 Hazeldean Road without submitting a market
study.
as detailed in Documents 1 and 2.
And that Council reconfirm By-Law
2004-340 and that notice of this reconfirmation be provided to the public.
CARRIED
4. OFFICIAL PLAN AND ZONING - 1420 AND PART OF 1450 RIVERSIDE DRIVE,
PART OF TERMINAL AVENUE AND PART OF RIVERSIDE DRIVE |
Committee RECOMMENDATIONS
That Council:
1. Approve and adopt an amendment to the former City of Ottawa
Official Plan for 1420 and part of 1450 Riverside Drive, part of Terminal
Avenue and part of Riverside Drive, to amend Schedule A - Land Use from
“Traditional Industrial Area” to “Residential Area” as detailed in Document 2:
2. Approve an amendment to
the former City of Ottawa Zoning By-Law as shown in Documents 1 and 3 for 1420
and part of 1450 Riverside Drive, part of Terminal Avenue and part of Riverside
Drive, to change the zoning from “IG F(1.0) – General Industrial Zone” to “I1 –
Minor Institutional Zone”.
CARRIED
5. ZONING - 525 Côté Street |
Committee RECOMMENDATION
That Council approve an amendment to the
former City of Ottawa Zoning By-Law 1998, to change the zoning of 525 Côté
Street to include 'day nursery' and 'elementary school' as additional uses
permitted within the L1B [309] Zone as shown in Document 1 and detailed in
Document 2.
CARRIED
6. ZONING - 14 Chamberlain
Avenue |
Committee RECOMMENDATION
That Council approve an amendment to the
former City of Ottawa Zoning By-Law to change the zoning of 14 Chamberlain Avenue
from a General Commercial (CG9 F3.0) zone to a General Commercial (CG9 F3.0)
exception zone as shown in Document 1 and described in Document 3.
CARRIED
7. Appeal - committee of adjustment – 421-435 Gladstone
Avenue |
Committee RECOMMENDATION
That Council approve the presence of staff from the Corporate Services and Planning and Growth Management Departments at the Ontario Municipal Board Hearing regarding an appeal to the Committee of Adjustment decision for 421-435 Gladstone Avenue.
CARRIED
8. ZONING - 1110 Longfields Drive and part of 3505, 3265 and 3235
STrandherd drive |
Committee RECOMMENDATION AS AMENDED
That Council approve an amendment to the
former Nepean Zoning By-Law to change the zoning of 1110 Longfields Drive and
part of 3505, 3265 and 3235 Strandherd Drive from Future Growth - FG to
Institutional - I and Conservation - CON as shown in Document 1 and as detailed
in Document 2, subject to the following amendment:
That staff, in consultation with the
developer and the Ottawa Forests and Greenspace Advisory Committee, examine
alternate routings of Marketplace Blvd. in order to protect Woodlot UNA 60.
CARRIED
9. APPLICATION FOR NEW
CONSTRUCTION IN THE BYWARD MARKET HERITAGE CONSERVATION DISTRICT AT
90 GEORGE STREET/135 RIDEAU STREET - AMENDMENT TO PREVIOUS APPROVAL
of march 9, 2005 |
Committee RECOMMENDATION
That
Council approve the application for new construction in the By Ward Market
Heritage Conservation District at 90 George Street/135 Rideau Street
in accordance
with the
plans filed by Béïque, Legault, Thuot Architects on June 7, 2005 included as
Documents 2-5. This design will amend the previous approval by Ottawa City
Council of March 9, 2005.
CARRIED
10. DESIGNATION OF ÉCOLE du
SACRÉ COeuR, 19 MELROSE avenue UNDER PART IV OF THE ONTARIO HERITAGE ACT |
Committee RECOMMENDATION
That Council approve the designation of the former École du Sacré Coeur, 19 Melrose Avenue, Ottawa, under Part IV of the Ontario Heritage Act.
CARRIED
11. AMENDMENTS TO THE
ONTARIO HERITAGE ACT |
Committee
RECOMMENDATION
That the Council receive this report for information.
RECEIVED
12. SIGN BY-LAW MINOR VARIANCE - 2079 Bank Place |
Committee
RECOMMENDATION
That Council approve a Minor Variance to
the Signs By-law to allow a proposed ground sign with an area of 18.2 square
metres and with a sign height of 10 metres, provided the illumination is
backlit through the letters and graphics of an opaque background.
CARRIED
13. SIGN BY-LAW MINOR VARIANCE - 47 Clarence street |
Committee
RECOMMENDATIONS
That Council:
1. refuse a Minor Variance to the Signs By-law to allow a
requested wall sign to exceed the height of the second storey contrary to the
location provisions of the by-law and to allow a signage area of 21.2 square
metres;
2. approve a Minor
Variance to the Signs By-law to allow a recommended wall sign to exceed the
height of the second storey contrary to the
location provisions of the by-law and to allow a signage area of 16.3 square
metres, provided it does not exceed the height of the third storey windows.
CARRIED
14. SIGNS BY-LAW MINOR VARIANCE - 1015 BANK STREET |
Committee
RECOMMENDATION
That Council REFUSE the application to relocate the video billboard sign from the east to the west end of the stadium.
CARRIED
|
Committee
RECOMMENDATION
That Council approve a Minor Variance to the Signs By-law to allow
two proposed ground signs each having a maximum height of 6 metres and an area
of up to 8 square metres.
CARRIED
16. SIGN BY-LAW MINOR VARIANCE
- 501 Earl Grey Drive |
Committee
RECOMMENDATIONS
That Council:
1.
Refuse a Minor
Variance to the Sign By-law to allow a proposed ground sign at the corner of
Kanata Avenue and Lord Byng Way, having a maximum height of 11.3 metres and an
area of up to 25 square metres.
2. Approve a Minor Variance to the Sign By-law to allow a
proposed ground sign at the corner of Kanata Avenue and Lord Byng Way, having a
maximum height of 9 metres and an area of up to 20 square metres.
CARRIED
TRANSPORTATION COMMITTEE
REPORT 24A
1.
PEDESTRIAN PLAN - TERMS OF REFERENCE |
That Council approve the Terms of Reference for
the development of a Comprehensive Pedestrian Plan for the City of Ottawa.
CARRIED with Councillor G. Hunter dissenting.
2.
WAIVER TO THE PRIVATE APPROACH BY-LAW
2003-447 FOR 835 TAYLOR CREEK BOULEVARD |
That
Council approve the waiver of Provision 25(n) of the Private Approach By-law
2003-447, to permit a private approach within an intersection for a proposed
office building and storage facility at 835 Taylor Creek Boulevard.
CARRIED
3. PROPOSED
INCREASE IN TRANSIT FINES |
That City Council
approve an application to the Ministry of the Attorney General of the Province
of Ontario, for an increase for fare-related fines from $80 to $125 and for
conduct-related offences and traffic-related offences from $55 to $100.
CARRIED
Motion to Adopt Committee
Reports
MOTION
NO. 38/15
Moved by Councillor G. Brooks
Seconded by Councillor S. Little
That Agriculture and Rural Affairs Committee Report 13, Corporate
Services and Economic Development Committee Report 33, Ottawa Police Services
Board Report 7, Planning and Environment Committee Report 33A and
Transportation Committee Report 24A be received and adopted as amended.
CARRIED
Motions (Requiring Suspension of the Rules of
Procedure)
Moved by Councillor D. Holmes
Seconded by Councillor S. Little
That Council suspend the Rules of Procedure
to consider and approve the following Motion:
WHEREAS the Ottawa 20/20
Vision and the Official Plan describe a “Caring and Inclusive City” and a “City
of distinct liveable communities” and that affordable housing is articulated as
a fundamental component in the plan to achieve the kind of City envisioned for
the future;
AND WHEREAS the Council will
support initiatives that increase the number of affordable housing units in the
City and/or that ensure the stock is maintained and rehabilitated, as required;
AND WHEREAS the Dalhousie
Non-Profit Housing Corporation has recently undertaken construction to repair
balconies at the Dalhousie Primrose 1 cluster which work falls subject to the
Ontario Building Code Act and Code;
AND WHEREAS City Council has
previously committed to offsetting development related fees for the
construction of affordable housing stock;
AND WHEREAS prior to the
change in legislation (the Building Code Statute Law Amendment Act and Ontario
Regulation 305/03 (Bill 124) that came into effect July 1, 2005, which now
necessitates all building permit fees to be paid, non-profit and charitable
housing providers were exempted from paying such fees;
AND WHEREAS the Dalhousie
Non-Profit Housing Corporation is seeking assistance in defraying $1080.00 in
building permit;
THEREFORE, BE IT RESOLVED that funding in the
form of a grant, in the amount of $1080.00, be
allocated from the City Wide reserve to cover the building permit fees.
CARRIED
Notices of Motion (For Consideration at Subsequent
Meeting)
Moved by Councillor J. Legendre
Seconded by Councillor C. Doucet
That
Council make a request of the Federal Authorities, as part of their
democratizing of the Board Membership of the NCC, that a seat be reserved for
an elected official of each of the major municipalities (Ottawa, Gatineau) of
the National Capital Region.
By-laws Three Readings
MOTION NO. 38/17
Moved by Councillor G. Brooks
Seconded by Councillor S. Little
That the
following by-laws be enacted and passed:
2005-353
A
by-law of the City of Ottawa to authorize the borrowing upon instalment debentures (OSIFA).
2005-354
A
by-law of the City of Ottawa respecting urban design review and the
establishment and operation of an Urban Design Review Panel.
2005-355
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 (Spartan
Grove Street and Blossom Trail Drive).
2005-356
A
by-law of the City of Ottawa to amend By-law No. 2002-189 respecting licensing,
regulating and governing flea markets and exhibitions.
2005-357 A by-law of the City of Ottawa to amend by-law No. 2002-189 respecting the licensing, regulating and governing of temporary sign lessors.
2005-358
A
by-law of the City of Ottawa respecting vendors on highways.
2005-359
A
by-law of the City of Ottawa to appoint certain Municipal Law Enforcement
Officers in the Transit Services Branch of the Public Works and Services
Department.
2005-360 A by-law of the City of Ottawa to close part of the unopened road allowance between Lots 10 and 11, Concession 8 located west of Howie Road, in the former Township of West Carleton.
2005-361
A by-law of the City of Ottawa to
amend the Official Plan of the former
City of Ottawa to change the designation for the properties known
municipally as 1420 Riverside Drive, part of 1450 Riverside Drive, part of
Terminal Avenue and part of Riverside Drive.
2005-362
A by-law of the City of Ottawa to
amend By-law Number 93-98 of the
former City of Ottawa to change the zoning for the properties known
municipally as 1420 Riverside Drive, part of 1450 Riverside Drive, part of
Terminal Avenue and part of Riverside Drive.
2005-363
A by-law of the City of Ottawa to
amend By-law Number 93-98 of the
former City of Ottawa to change the zoning for the property known
municipally as 14 Chamberlain Avenue.
2005-364
A by-law of the City of Ottawa to
amend By-law No. 100-2000 of the former City of Nepean to change the zoning for the property known
municipally as 1110 Longfields Drive.
2005-365
A by-law of the City of Ottawa to
amend By-law No. 100-2000 of the former City of Nepean to change the zoning for the properties
known municipally as part of 3505, 3265 and 3235 Strandherd Drive.
2005-366 A by-law of the City of Ottawa to amend By-law Number 93-98 of the former City of Ottawa to change the zoning for the property known municipally as 525 Côté Street.
2005-367 A by-law of the City of Ottawa to amend By-law Nos. 100-2000 and 73-92 of the former City of Nepean, By-law Nos. 74-79, 55-95, 55-96, 161-93, 164-93, 167-93, 168-93, 168-94, 169-93, and 153-93 of the former City of Kanata, By-law Nos. 1-84 and 64-82 of the former City of Cumberland, By-law No. 333 of 1999 of the former City of Gloucester, By-law No. 2003-230 of the City of Ottawa (Osgoode), By-law No. 2380 of the former City of Vanier, By-law No. 2000-8 of the former Village of Rockcliffe, By-law No. 93-98 of the former City of Ottawa, By-law No. 40-99 of the former Township of Goulbourn, By-law No. 266 of 1981 of the former Township of West Carleton and By-law No. 2004-428 of the City of Ottawa (Rideau), respecting secondary dwelling units in residential zones in the City’s zoning by-laws and to change the zoning for 1070 Bosque Crescent, 3056 Green Pine Court and 1099 Meadow Lane Road.
2005-368 A by-law of the City of Ottawa to amend the Official Plan of the former Township of Goulbourn and the Official Plan of the City of Ottawa to change the policies for the property known municipally as 6303 Hazeldean Road and described as blocks 86, 95 and 101 on Plan 4M-1089.
2005-369 A by-law of the City of Ottawa to designate 451 Stonehaven Drive as being exempt from Part Lot Control.
2005-370 A by-law of the City of Ottawa to designate 160-232 Berrigan Drive, 1-73 & 2-74 Madelon Drive, 2-30 Croxley Way and 380-400 Claridge Drive as being exempt from Part Lot Control.
2005-371 A by-law of the City of Ottawa to designate 49 Bridgestone Drive (formerly 801 Eagleson Road) as being exempt from Part Lot Control.
2005-372 A by-law of the City of Ottawa to designate 1706 Jersey Street as being exempt from Part Lot Control.
2005-373 A by-law of the City of Ottawa to designate 101, 111, 113, 115, 117, 118, 141, 145 and 148 Rowallen Place, and 306, 308, 312, 328, 330, 332, 334, 336, 342 and 344 Shellbrook Way as being exempt from Part Lot Control.
2005-374 A by-law of the City of Ottawa to designate 251-257 Parkin Circle as being exempt from Part Lot Control.
2005-375 A by-law of the City of Ottawa to designate 807, 809, and 811 Schooner Crescent as being exempt from Part Lot Control.
2005-376 A by-law of the City of Ottawa to designate 57 & 59 Upney Drive, 27-33 Gospel Oak Drive, 162-172 Claridge Drive as being exempt from Part Lot Control.
2005-377 A by-law of the City of Ottawa to designate 60, 62, 64, 66 Rodeo Drive, 36, 38, 42, 44 Alameda Way and 422, 424, 426, 428, 430, 432 Claridge Drive as being exempt from Part Lot Control.
2005-378 A by-law of the City of Ottawa to amend By-law No. 2001-16 to appoint Municipal Law Enforcement Officers in the By-law Services Branch of Emergency and Protective Services.
2005-379
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.
2005-380 A by-law of the City of Ottawa to amend By-law No. 2003-499 respecting Fire Routes.
2005-381
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.
2005-382
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.
2005-383
A
by-law of the City of Ottawa to amend City of Ottawa By-law No. 2003-230, to
lift a holding zone in respect of 6598 Forest Road in the former Township of
Osgoode.
2005-384
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 (Sparkling Lake Way).
CARRIED
Confirmation
By-law
Moved by Councillor R. Jellett
Seconded by Councillor C. Doucet
THAT By-law 2005 - 385 to confirm the proceedings of
Council be enacted and passed.
CARRIED
Moved by Councillor M. McRae
Seconded by Councillor E. El-Chantiry
That City Council suspend the Rules of Procedure only to receive a staff update on the recent OMB decision respecting the appeals by Del Corporation, Brookfield Homes (Ontario) Limited and Westpark on the designation of their lands as Agricultural Resource and General Rural in the former Regional, Goubourn and Kanata Official Plans.
CARRIED
Moved by Councillor M. McRae
Seconded by Councillor E. El-Chantiry
That Council suspend the Rules
of Procedure and resolve In Camera pursuant to Subsections 13. (1)
(f) and (d) of Procedure By-law 2003-589 – the receiving of advice that
is subject to solicitor-client privilege and labour relations or employee
negotiations – respecting the recent OMB decision respecting the appeals by Del
Corporation, Brookfield Homes (Ontario) Limited and Westpark and the
Amalgamated Transit Union respectively.
CARRIED
IN CAMERA SESSION
IN COUNCIL
Inquiries
The following inquiry was raised:
From Councillor P. Feltmate to the Deputy City Manager, Community and Protective Services, respecting different levels of fire service for North Kanata.
Adjournment
Council adjourned the meeting on 24 August 2005 at 4:47 p.m. with the
following Members present:
Councillors J. Stavinga, J. Legendre, G. Brooks, H. Kreling, M. McRae, A. Cullen, D. Deans,
M. Bellemare, R. Bloess, E. El-Chantiry, R. Jellett, P. Feltmate and Mayor Chiarelli.
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DEPUTY CITY CLERK |
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MAYOR |