12 October 2005
1:00 p.m.
MINUTES 41
The Council of the City of Ottawa met at Andrew S. Haydon Hall, 110 Laurier Avenue West, Ottawa, on 12 October 2005 at 1:00 p.m.
The Mayor, Bob Chiarelli, presided and led Council in
prayer.
The National Anthem was performed by the Belles and Beaux from the Churchill Seniors Club.
Announcements/Ceremonial
Activities
ADDRESS TO COUNCIL – MR. QAMAR MASOOD, PRESIDENT OF THE
CANADA-PAKISTAN ASSOCIATION OF THE NATIONAL CAPITAL REGION
Mr. Masood provided an update on the recent earthquake in South Asia and the current situation in Pakistan.
PRESENTATION – GOVERNOR GENERAL’S CERTIFICATE OF
COMMENDATION
On behalf of City Council and the citizens of Ottawa, Mayor Bob Chiarelli presented the Governor General's Certificate of Commendation to Anna McCorriston, who saved her mother’s life on November 26, 2004.
ACKNOWLEDGEMENT
– PURPLE RIBBON CAMPAIGN
On behalf of Mayor Chiarelli and City Council,
Councillor Holmes read Mayor Chiarelli’s proclamation declaring October 13,
2004 as Purple Ribbon Day, a campaign sponsored by the Children’s Aid Society
of Ottawa. She further acknowledged
that October has been declared Child Abuse and Neglect Prevention Month in
Ontario.
Roll Call
ALL MEMBERS WERE PRESENT.
Confirmation of
Minutes
The Minutes of the regular
Council meeting of 28 September 2005 and the In Camera meeting of 28
September 2005 were confirmed.
Declarations
of pecuniary interest including those originally arising from prior meetings
See
specific agenda item for declaration (Corporate Services and Economic
Development Committee Report 36, Item 5).
Communications
No communications were filed.
Regrets
No regrets were filed.
Reconsideration
PLANNING AND
ENVIRONMENT COMMITTEE REPORT 35A
1. HARMONIZATION
OF SIGN BY-LAWS Regulating PERMANENT SIGNS ON PRIVATE PROPERTY |
MOTION NO. 40/28
Moved by Councillor J.
Harder
Seconded by Councillor R. Bloess
WHEREAS, the Municipal
Act provides for the regulation of permanent signs located on private property;
AND WHEREAS; the new
Permanent Signs on Private Property By-law reflects only those regulations
found in the by-laws of the former municipalities now forming the new City;
AND WHEREAS;
all of the former by-laws prohibited roof signs and particularly animated and
rotating roof signs and thus such regulations are not included in the new
harmonized By-law;
AND WHEREAS,
there is a request from the sign industry to consider permitting roof signs in
specific areas of the City;
BE IT THEREFORE RESOLVED the Planning and Growth Management Department undertake a review and
develop a proposal to add “roof signs” to Section 8 of the by-law as a new sign
type and the animation of roof signs with restrictions as to location, scale,
motion, etc. and report back to the Planning and Environment Committee by
October 23, 2005.
LOST on a division of 9 YEAS to 10 NAYS as follows:
Yeas (9): Councillor R. Bloess, R. Chiarelli, P.
Feltmate, E. El-Chantiry, J. Harder,
R. Jellett, M. McRae, G.
Hunter and Mayor Chiarelli.
Nays (10): Councillors M. Bellemare, C. Doucet, J.
Legendre, A. Cullen, S. Little,
J. Stavinga, G. Brooks,
D. Deans, G. Bédard and D. Holmes.
MOTION NO. 40/29
Moved by Councillor J.
Harder
Seconded by Councillor R. Bloess
That Motion No. 40/28 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 9 YEAS to 10 NAYS as follows:
Yeas (9): Councillors R. Bloess,
R. Chiarelli, G. Brooks, E. El-Chantiry, J. Harder,
R. Jellett, M. McRae, G.
Hunter and Mayor Chiarelli.
Nays (10): Councillors M. Bellemare, C. Doucet, J. Legendre, A. Cullen,
P. Feltmate,
S. Little, J. Stavinga, D. Deans, G. Bédard and D. Holmes.
Item 1, Planning and Environment Committee Report 35A was then put
to Council and CARRIED.
With the consent of Council, Notice of
Reconsideration was WITHDRAWN.
5. ZONING - 22 Steel Street |
Committee recommendations as amended
That Council approve:
1. An amendment to the former City of
Gloucester Zoning By-Law to change the zoning of 22 Steel Street from
Institutional Neighbourhood (In) to Residential Single Dwelling (Rs6) and
Residential Single Dwelling - Exception 28 Rs6 (E28).
2. That the implementing By-law not be
forwarded to City Council for enactment until such time as a related
Subdivision Application has received draft approval.
MOTION NO. 40/30
Moved by Councillor J.
Harder
Seconded by Councillor G. Hunter
WHEREAS City
staff recommended the approval of the rezoning application filed by Minto
Developments for 22 Steel Street;
AND WHEREAS
the proposed rezoning application is in conformity with the policies of the
Official Plan for the City of Ottawa;
AND WHEREAS
the proposed rezoning application is fully supported by the requisite technical
studies regarding servicing and traffic,
BE IT
RESOLVED that Council approve the recommendation that made by staff to Planning
Committee, that being,
That
Council approve an amendment to the former City of Gloucester Zoning Bylaw to
change the zoning of 22 Steel Street from In - Institutional to Rc-1 (E'X')
Residential, Street Row Dwellings Exception 'X', Rc-1 (E'Y') - Residential,
Street Row Dwellings Exception 'Y', Rc-1 (E'Z') - Residential, Street Row
Dwellings, Exception 'Z' and Rs4 - Residential, Single Family as shown in
Document 1 and as detailed in Document 3 of the Planning Committee report,
AND BE IT
FURTHER RESOLVED that Staff be directed to bring the implementing bylaw as
described above to the next Council meeting for adoption.
LOST on a division of 7 YEAS to 11 NAYS as
follows:
Yeas (7): Councillors D. Thompson, J. Legendre,
P. Feltmate, E. El-Chantiry, J. Harder,
M. McRae and Mayor
Chiarelli.
Nays (11): Councillors R. Bloess, M. Bellemare, C.
Doucet, A. Cullen, J. Stavinga,
G. Brooks, D. Deans, G.
Bédard, D. Holmes, R. Jellett and G. Hunter.
MOTION NO. 40/31
Moved by Councillor J.
Harder
Seconded by Councillor G. Hunter
That Motion No. 40/30 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 8 YEAS to 10 NAYS as follows:
Yeas (8): Councillors D. Thompson, J. Legendre,
P. Feltmate, E. El-Chantiry,
J. Harder, M. McRae, G. Hunter and Mayor Chiarelli.
Nays (10): Councillors R.
Bloess, M. Bellemare, C. Doucet, A. Cullen, J. Stavinga,
G. Brooks, D. Deans, G. Bédard, D. Holmes and R. Jellett.
Item 5 was then put to Council and CARRIED on a division of 11 YEAS to 7
NAYS as follows:
Yeas (11): Councillors R. Bloess, M. Bellemare, D. Thompson, C. Doucet, A. Cullen,
J. Stavinga, G. Brooks, D. Deans, G. Bédard, D. Holmes and R. Jellett.
Nays (7): Councillors J. Legendre, P. Feltmate, E. El-Chantiry, J. Harder, M. McRae,
G. Hunter and Mayor Chiarelli.
Moved by Councillor G. Hunter
Seconded by Councillor J. Harder
That Motion No. 40/30 be reconsidered.
Reconsideration
LOST on a division of 9 YEAS to 11 NAYS as follows:
Yeas (9): Councillors
G. Hunter, E. El-Chantiry, P. Feltmate, J. Harder, R. Chiarelli,
M. McRae, D. Thompson, J. Legendre
and Mayor Chiarelli.
Nays (11): Councillors D. Deans, J. Stavinga, C. Doucet, R. Bloess, G.
Bédard, G. Brooks, M. Bellemare, A. Cullen, D. Holmes, R. Jellett and P. Hume.
The Motion to reconsider having
lost, the City Council decision of September 28 stands.
Motion to Introduce Committee Reports
That Agriculture and Rural Affairs Committee
Report 14, Corporate Services and Economic Development
Committee Report 36, Planning and Environment Committee Report 36 and
Transportation Committee Reports 26 and 27 be received and considered;
And that the Rules of Procedure be
suspended to receive and consider Planning and Environment Committee Report 37
and a report from the Chief Corporate Services Officer entitled “Committee Appointments - Ward 1 Orléans Vacancy”.
CARRIED
AGRICULTURE AND
RURAL AFFAIRS COMMITTEE REPORT 14
1. WAMMES
BRANCH OF THE MORRISON-PETTAPIECE MUNICIPAL DRAIN -
ENGINEER’S REPORT
That Council adopt the Engineer's Report for the Wammes Branch of the Morrison-Pettapiece Municipal Drain and give first and second reading to the attached By-law in accordance with Sections 42 and 45 of the Drainage Act of Ontario.
CARRIED
2. petition for drainage works –
paden road, rideau ward
COMMITTEE
RECOMMENDATION
That Council accept the
petition and proceed with the drainage works and appoint Robinson Consultants
Inc. as the Engineer of Record to prepare a report under Section 4 of the Drainage
Act.
CARRIED
CORPORATE
SERVICES AND ECONOMIC DEVELOPMENT COMMITTEE REPORT 36
1. DELEGATION OF
AUTHORITY – CONTRACTS AWARDED FOR THE PERIOD APRIL 1 TO JUNE 30, 2005 |
Committee recommendation
That Council receive this report for information.
RECEIVED
2. ENDOWMENT FUND |
Committee recommendation
That Council authorize the City Treasurer, upon receipt of the
enabling Provincial regulation, to proceed with the establishment of an
endowment fund on the basis outlined in this report and to hire an investment
consultant.
CARRIED
3. SALE OF LAND – Part of
OAK CREEK ROAD |
Committee recommendations
That Council:
1.
Declare a vacant parcel of land
shown on Annex “A” attached, containing approximately 3,425.2 m2
(36,870 square feet), subject to final survey and being part of Oak Creek Road,
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 that may be required, to
Peter Pregel, for the amount of $8,792, plus GST, pursuant to an Agreement of
Purchase and Sale that has been received.
CARRIED
4. LEASE RENEWAL – 370 CATHERINE STREET, OTTAWA AND SUB-LEASE RENEWAL –
560 ROCHESTER STREET, OTTAWA |
Committee recommendationS
That Council:
1. Approve the renewal of a lease with
Oxford Properties Group Inc. for 59,653 rentable square
feet of office space at 370 Catherine Street for 10 years commencing 1 November
2006 and terminating on 31 October 2016, at an annualized cost of $ 1,509,056, plus GST.
2. Approve the renewal of a sub-lease
with Nortel Networks for 9,076 rentable square feet of office space at 560 Rochester Street
for 5 months commencing 1 May 2006 and terminating on 29 September 2006, at a
cost of $72,155, plus GST.
3. Upon
approval of the lease renewal, designate 370 Catherine Street as a Municipal
Capital Facility for the purpose of general administration of Ottawa as
permitted under Section 110 of the Municipal Act and as defined in Ontario
Regulation 46/94 and that this designation be implemented by way of an
Agreement between the City and Oxford Properties Group Inc., and by presenting
to Council a by-law, both in accordance with the requirements of the Municipal
Act, and this report.
CARRIED
5. EDUCATION DEVELOPMENT
CHARGEs – Complaint hearing – 340 albert street |
Committee recommendation
1. That Council consider the complaint of
Oxford Properties in the application of the Ottawa-Carleton Catholic District
School Board’s Education Development Charge By-law in regards to complainant’s
building at 340 Albert Street; and
2. That
Council dismiss the Education Development Charges Complaint of Oxford
Properties in regards to the complainant’s building at 340 Albert Street.
DECLARATION OF INTEREST
Councillor
R. Chiarelli declared a deemed pecuniary interest pursuant to the Municipal
Conflict of Interest Act on Item 5 of Corporate Services and Economic
Development Committee Report 36, as his wife is a schoolteacher with the
Ottawa-Carleton Catholic District School Board.
Councillor
R. Chiarelli did not take part in the discussion or vote on this Motion.
Corporate Services and Economic Development
Committee Report 36, Item 5 was then put to Council and CARRIED.
6. AMENDMENTS TO AREA
SPECIFIC DEVELOPMENT CHARGES BY‑LAW 2004-309 for individual storm water
management ponds and drainage systems |
Committee recommendationS
That Council:
1.
Approve an amendment to
Development Charges By-Law 2004-309 adopted on July 14, 2004, and amended on
May 25, 2005 to reflect changes in the rates resulting from amendments to the
Area Specific Development Charges Background Study dated June 28, 2005.
2.
Approve the revised
area-specific development charge growth projections and rates listed in
Documents 1 and 2.
3.
Approve the revised Area
Collection Map as shown in Document 3.
CARRIED with Councillor J. Legendre dissenting.
7. FRONT ENDING AGREEMENT
TRIM ROAD and Rue Valin traffic control Signals |
Committee recommendation
That Council approve that the City enter into a front ending
agreement with Claridge Homes Ltd., J.G. Rivard (Valecraft Homes), and Ashcroft
Homes Ltd., for the design and construction of the traffic control signals and
associated works at the intersection of Trim Road and Rue Valin, based on the
principles set forth in Document 1, and the Council approved Front Ending Policy
noted 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 Solictor.
CARRIED
8. advisory committee comments in staff reports |
Committee recommendation as
amended
WHEREAS Advisory Committees are established to provide advice to
Council;
AND WHEREAS Advisory Committees often provide comments on issues to
staff prior to commenting to Councillors;
BE
IT THEREFORE RESOLVED that Council approve that Advisory Committee
comments/concerns on issues be fully reflected in staff reports to Council;
FURTHER, if staff believe it necessary to abridge
Advisory Committee comments, the Advisory Committee Chairs will be consulted
and participate in the revision of those comments.
CARRIED
PLANNING AND
ENVIRONMENT COMMITTEE REPORT 36
1. demolition - 197-201 Wilbrod Street |
Committee recommendation
That Council refuse an application for Demolition Control Approval
at 197-201 Wilbrod Street.
CARRIED
2. SOLAR WATER
HEATING SYSTEMS |
Committee recommendations
That City Council:
1. Direct
City staff to continue working with the various stakeholders involved with
removing the barriers to the residential use of solar water heaters to ensure
that they are removed as expeditiously as possible; and
2. When
this has taken place, that City staff inform the community in an appropriate
way such that those who are interested in selling and/or buying solar water
heaters can take action accordingly.
CARRIED
3. TREES AND FOUNDATIONS STRATEGY IN AREAS OF SENSITIVE MARINE CLAY
IN THE CITY OF OTTAWA |
Committee recommendations
That Council approve:
1. That
Forestry Services staff use the revised 4-Phase assessment process, as outlined
in this report, when reviewing individual claims of foundation damage to
buildings potentially caused by City-owned trees.
2. That
property owners submitting claims of city-owned trees causing damage to their
foundations continue to be responsible for all associated costs of the required
geotechnical report prescribed in the 4-Phase assessment process as outlined in
this report.
3. That
the City implement a communications strategy that:
·
Informs area residents on tree and
foundation issues in areas where sensitive marine clay is known to exist as
outlined in Documents 1 and 2 attached to this report;
·
Ensures the
City’s website contains information on how area residents can educate
themselves on sensitive marine clay issues;
·
Issues special watering advisories in times of drought requesting that
residents assist the City by watering trees adjacent to their properties;
·
In coordination with the City’s
Water Efficiency program, provides information on the importance of watering
trees as outlined in Document 3 of this report and;
·
Develops an
information exchange with other professionals involved in the trees and
foundation assessment process
4. That a precommitment to the 2006 Forestry Operating Budget
of the Surface Operations Branch of Public Works and Services Department be
established for increased funding of $873,000 for tree trimming,
supplemental watering, infrastructure improvements and for 2 FTE positions for
implementation to cover the additional costs for tree maintenance activities
that mitigate the effect of trees growing in proximity to buildings and
structures. Further that $50,000 be
provided from the 2006 capital funding envelopes to purchase two vehicles.
5. When planting on city property in areas where sensitive
marine clay is known to exist:
·
Only low water demand trees with a lateral separation distance of 1 full mature tree height be planted in proximity to buildings or structures;
·
In areas where
adjoining properties result in one combined greenspace only 1 tree per front
yard area will be planted;
·
That all landscaping plans be
reviewed to ensure compliance with the City’s Trees and Foundations process;
·
When planting replacement trees in
locations where insufficient space allows an appropriate separation distance to
place the tree on city property, when requested the city will action a tree
planting on the adjacent private property on the condition that the resident
signs a waiver assuming ownership of the tree and absolving the city of all
future liability.
6. That
in areas of sensitive marine clay where the revised 4-Phase assessment process
determines that city owned trees may be a contributing factor to foundation
damage the trees will be retained in recognition of the significance of the
City’s urban forest and its contribution to the quality of life in the City of
Ottawa and the City will implement arboriculture mitigation measures as
outlined in this report.
CARRIED
4. OFFICIAL PLAN AND ZONING - 701 TAYLOR CREEK DRIVE |
Committee recommendations
That
Council:
1. Approve an amendment to
the former City of Cumberland Official Plan to amend the policies of the Mixed Use Business Parks - Category A Designation as it relates to
701 Taylor Creek Drive, as detailed in Document 2.
2. Approve an amendment to the former City
of Cumberland Urban Zoning By-Law to rezone 701 Taylor Creek Drive from MS1,
Industrial Service and MR, Industrial Restricted to MS1-X, Industrial Service -
Exception as shown in Document 1 and detailed in Document 3.
CARRIED
5. ZONING - 2080 Portobello Boulevard |
Committee recommendation
That
Council approve an amendment to the former City of Cumberland Zoning By-Law to
change the zoning of 2080 Portobello Boulevard from D-R Development Residential
to IS (H1) Institutional School - Holding One as shown in Document 1 and as
detailed in Document 2.
CARRIED
6. ZONING - 6897 Notre Dame Street |
Committee recommendation as
amended
That
Council refuse an amendment to the former Gloucester Zoning By-Law to
change the zoning of 6897 Notre Dame Street from "Residential, Single
Dwelling Zone" (Rs 1) to "Residential, Single Dwelling Zone -
Exception x" (Rs 1-(Ex)) as shown in Document 1 and detailed in Document
2, as inconsistent with the City’s Infill Housing Design Guidelines.
CARRIED
7. ZONING - 4015 Donnelly Drive |
Committee recommendation
That
Council approve an amendment to the former Township of Rideau Zoning By-Law to
change the zoning of 4015 Donnelly Drive from A2 (General Rural) to A2-55
(General Rural - special exception 55) as shown in Document 1 as detailed in
Document 3.
CARRIED
8. ZONING - 211 Bronson avenue |
Committee recommendation as
amended
That Council approve an amendment to the former City of Ottawa
Zoning By-Law for 211 Bronson Avenue to add an exception to the I1 Minor
Institutional Zone as shown in Document 1 and detailed in Document 3 as
amended by the following:
That an agreement be drawn up between the Bronson Centre and the
City of Ottawa to provide for supervision on a 24/7 basis for the rooming house
portion of the building.
CARRIED
9. zONING - 3350 WOODROFFE AVENUE |
Committee recommendation
That
Council approve an amendment to the former City of Nepean Zoning By-Law to
change the zoning of a portion of the lands described as 3350 Woodroffe Avenue,
from Residential Mixed Unit Zone - RMU to Residential Sixth Density (Exception)
Zone - R6A (Block XX) as shown in Document 1 and as detailed in Document 2.
CARRIED
10. ZONING
- 5500 Kanata Avenue |
Committee recommendation as
amended
That Council approve an amendment to the former City of Kanata
Zoning By-Laws to change the zoning of 5500 Kanata Avenue from Agricultural
Resource (ARG) and Hazard Lands (HZD) to Residential Type 1D Exception 2 Zone
(R1D-2), Residential Type 3A Exception Zone (R3A-X), Residential Type 4B
Exception Zone (R4B-X), Residential Type 5C Exception Zone (R5C-X), Open Space
Type 1 Zone (OS1), and General Commercial Exception Zone (CG-X) as shown in
Document 2 and as detailed in Document 3, as amended be the following:
THAT an additional zone provision detail be added at the end of
“Document 3”, being the ‘Details of Recommended Zoning’ for the proposed CG-X
Zone, as follows:
“(i) AUTOMOTIVE
SERVICE STATION
Notwithstanding the limiting provision within Section 2(11), the net
floor area of the building must not exceed 300 square metres. ”
And that no further notice be provided pursuant to Section 34(17) of the Planning Act.
CARRIED
11. ZONING - 5264 Fernbank Road and 898 Eagleson Road |
Committee recommendation
That
Council approve an amendment to the former Township of Goulbourn Zoning By-law
40-99 to change the zoning of part of 5264 Fernbank Road from MG (General
Industrial) to R4-XX (Residential Type 4-Special Exception), R5-XX (Residential
Type 5-Special Exception), OS (Open Space), PR (Parks and Recreation), I-XX
(Institutional-Special Exception) and CC-XX (Core Commercial-Special Exception)
and to change the zoning of 898 Eagleson Road from MG (General Industrial) to
CH‑XX (Highway Commercial-Special Exception) as detailed in Document 4.
CARRIED
12. ZONING - 3680 Timmins Road |
Committee recommendation
That
Council approve an amendment to the former Township of West Carleton Zoning
By-Law to change the zoning of 3680 Timmins Road from a Rural Zone (RU) to a
Rural Exception Zone (RU-53) as shown in Document 1 and detailed in Document 3.
CARRIED
13. DEMOLITION - 641 a and B somerset STREET west |
Committee recommendation
That
Council approve the demolition of the building known as 641A and 641B Somerset
Street West as shown on Document 1 and subject to the following conditions:
1. That the Registered Owner(s) enter into
a demolition agreement with the City of Ottawa prior to the issuance of a
demolition permit including the following conditions and pay all the costs associated
with the registration of the said agreement.
At such time that the site is improved in accordance with a site plan as
required by condition 2 below, the agreement will be released upon request by
the Registered Owner(s). The Registered Owner(s) shall pay all costs associated
with the registration of the release from this agreement.
2. That the Owner submit a site plan, to
the satisfaction of the Director of the Planning and Infrastructure Approvals
Branch, illustrating site improvements to be implemented including the location
of garbage enclosure(s), fencing, parking and landscaping;
3. That the Owner provide to the City
financial security in the amount of 50% of the estimated cost of site works and
such securities to be released at the same time as the release of the
demolition agreement.
4. That the approval be considered null
and void if the provisions of Condition 1 above have not been fulfilled within
six months of the date of approval.
CARRIED
14. APPLICATION FOR NEW CONSTRUCTION IN THE ROCKCLIFFE PARK |
Committee recommendations
That Council:
1. Approve the application for the
demolition of the house at 250 Sandridge Road in the Rockcliffe Park Heritage
Conservation District;
2. Approve the application for the
construction of a new house at 250 Sandridge Road in the Rockcliffe Park
Heritage Conservation District in accordance with the plans submitted by John
Henry of Terra Nova Building Corporation, received on August 10, 2005, included
as Document 4.
CARRIED
15. HERITAGE
PLAQUE PROGRAM 2005/2006 |
Committee recommendation
That
Council approve that heritage plaques be installed on eight designated heritage
buildings in 2006 as listed in Document 1.
CARRIED
16. INFILL HOUSING DESIGN GUIDELINES - LOW-MEDIUM DENSITY |
Committee recommendation
That Council approve the
design guidelines for infill housing entitled: 'Infill Housing Design
Guidelines-Low-Medium Density’ (Document 1).
CARRIED
17. STREET
NAME CHANGE - GREENVIEW AVENUE |
Committee recommendation as
amended
That Council approve that the City provide signage at the
intersections of Greenview Avenue and Don Street indicating the house numbers
on the Greenview Avenues.
MOTION NO. 41/3
Moved by Councillor A.
Cullen
Seconded by Councillor R. Chiarelli
That Council enact a bylaw to
change the name of Greenview Avenue for that part located between Howe Street
and the cul-de-sac south of Don Street to “Lorne Greene Way”.
CARRIED on a division of 12 YEAS to 6 NAYS as follows:
Yeas (12): Councillors
S. Little, D. Deans, J. Stavinga, C. Doucet, R. Chiarelli,
D. Thompson, G. Bédard, G. Brooks, A. Cullen, J. Legendre, R. Jellett
and P. Hume.
Nays (6): Councillors G. Hunter, E. El-Chantiry, P. Feltmate, R. Bloess, D. Holmes
and Mayor Chiarelli.
18. STREET NAME CHANGE - ANCONA COURT |
Committee recommendation
That
Council enact a by-law to change the name of Ancona Court to "Briargreen
Court", effective January 15, 2006.
CARRIED
19. STREET NAME CHANGE - vimy place |
Committee recommendation
That
Council enact a by-law to change the roadway name from “Vimy Place Private” to
“Vimy Place”.
CARRIED
PLANNING AND
ENVIRONMENT COMMITTEE REPORT 37
1.
AMENDMENT TO THE DELEGATION
OF AUTHORITY BY-LAW TO PERMIT ANOTHER ELECTED REPRESENTATIVE TO EXERCISE
THE WARD COUNCILLOR’S AUTHORITY |
Committee recommendation
WHEREAS the office of
Councillor Ward 1, Orléans, is presently vacant;
AND WHEREAS the Delegation
By-law and the Planning approval process provide a continuing role for Ward
Councillors upon planning applications in their wards;
THEREFORE BE IT RESOLVED that, for the period 13 October 2005 to 9 January 2006, inclusive, the Mayor may exercise any of the authority under the Delegation of Authority By-law, Schedule “E” that would ordinarily reside with the Councillor for Ward 1, Orléans.
CARRIED
TRANSPORTATION
COMMITTEE REPORT 26
1. ON-TIME PERFORMANCE (OC TRANSPO) |
That Council approve
the implementation of an action plan on an urgent basis to resolve the
following issues:
a) Immediately implement a policy about on-time performance which specifically states that buses must never leave early from any time point (0 minute tolerance for leaving early) and a service standard target of 3-5 minutes late (under normal circumstances) at any point on the route; and
b) Semi-annual
reporting of results (to Transportation Committee).
CARRIED
2.
ALTA VISTA TRANSPORTATION CORRIDOR ENVIRONMENTAL
ASSESSMENT |
1. That
Council receive the results of the Alta Vista Transportation Corridor E.A. on
the basis that it is Council's position to implement only the Hospital Link
section between Riverside Drive and the Hospital Complex (not through to Smyth
Road) and that any further development of the Corridor not occur until after
the matter of the Corridor has been reviewed in the Official Plan Reviews of
2008 and 2013.
2. That
Council approve that the Hospital Link include vehicular and transit access.
3. That staff prepare the Environmental Study Report for the
30-day public review, in accordance with the Environmental Assessment Act
and as a prelude to the initiation of the detailed design of the Hospital Link.
CARRIED
TRANSPORTATION
COMMITTEE REPORT 27
1.
WAIVER OF ENCROACHMENT FEES -WINDMILL DEVELOPMENTS
GROUP LTD. – 1233 WELLINGTON STREET - GREAT CANADIAN THEATRE COMPANY |
That Council approve that the encroachment
fees related to the construction of the mixed-use development by Windmill
Developments Group Ltd. at the property known municipally as 1233 Wellington
Street be waived to a maximum of $62,000.00.
CARRIED with Councillors E. El-Chantiry and G. Hunter dissenting.
REPORT - CHIEF
CORPORATE SERVICES OFFICER
1. COMMITTEE appointments - ward 1 orléans vacancy |
REPORT RECOMMENDATIONS
That City
Council:
1.
Appoint Councillor R. Bloess to the Planning and Environment
Committee, pending the by-election in Ward 1 – Orléans on 09 January 2006, at
which time the new Ward 1 Councillor will be offered the opportunity to replace
Councillor Bloess;
2.
Appoint Councillor R. Jellett to the Business Advisory Committee as
the non-voting liaison member;
3.
Appoint Councillor A. Cullen to the Environmental Advisory Committee
as the non-voting liaison member;
4.
Hold an election between Councillors E. El-Chantiry, A. Cullen and
G. Hunter and that the successful candidate be appointed to the Corporate Services and Economic Development Committee; and
5.
Hold an election between Councillors P. Hume and J. Legendre and
that the successful candidate be appointed to the Ottawa Life Sciences Council.
The report recommendations were divided
for voting purposes.
Recommendations 1, 2 and 3 were CARRIED.
Recommendation 4
MOTION NO. 41/4
Moved by Councillor P. Hume
Seconded by Councillor D. Thompson
That
Councillor G. Hunter be nominated for appointment to the Corporate Services and
Economic Development Committee.
CARRIED
Councillor G. Hunter subsequently withdrew his name.
MOTION NO. 41/5
Moved by Councillor D. Deans
Seconded by Councillor J. Stavinga
That
Councillor A. Cullen be nominated for appointment to the Corporate Services and
Economic Development Committee.
CARRIED
MOTION NO. 41/6
Moved by Councillor J. Harder
Seconded by Councillor S. Little
That
Councillor E. El-Chantiry be nominated for appointment to the Corporate
Services and Economic Development Committee.
CARRIED
Councillor A. Cullen was appointed to the Corporate Services and Economic
Development Committee on the division noted below:
Councillor E. El-Chantiry |
Councillor A. Cullen |
Councillor S. Little |
Councillor P. Feltmate |
Councillor G. Hunter |
Councillor D. Deans |
Councillor E. El-Chantiry |
Councillor J. Stavinga |
Councillor J. Harder |
Councillor C. Doucet |
Councillor R. Bloess |
Councillor R. Chiarelli |
Councillor D. Thompson |
Councillor G. Bédard |
Councillor R. Jellett |
Councillor G. Brooks |
Councillor P. Hume |
Councillor A. Cullen |
Mayor Chiarelli |
Councillor J. Legendre |
|
Councillor D. Holmes |
Recommendation 5
Moved by Councillor R. Jellett
Seconded by Councillor S. Little
That
Councillor P. Hume be nominated for appointment to the Ottawa Life Sciences
Council.
CARRIED
Moved by Councillor D. Holmes
Seconded by Councillor C. Doucet
That
Councillor J. Legendre be nominated for appointment to the Ottawa Life Sciences
Council.
Councillor
P. Hume was appointed to the Ottawa Life Sciences Council on the division noted
below.
Councillor P. Hume |
Councillor J. Legendre |
Councillor S. Little |
Councillor D. Deans |
Councillor G. Hunter |
Councillor C. Doucet |
Councillor E. El-Chantiry |
Councillor G. Bédard |
Councillor P. Feltmate |
Councillor G. Brooks |
Councillor J. Harder |
Councillor A. Cullen |
Councillor J. Stavinga |
Councillor J. Legendre |
Councillor R. Chiarelli |
Councillor D. Holmes |
Councillor R. Bloess |
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Councillor D. Thompson |
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Councillor R. Jellett |
|
Councillor P. Hume |
|
Mayor Chiarelli |
|
MOTION NO. 41/9
Moved by Councillor R. Jellett
Seconded by Councillor R. Bloess
WHEREAS the office of Councillor Ward 1,
Orléans is presently vacant until the by-election on January 9th,
2006;
AND WHEREAS City Council has taken various
interim steps to ensure that Ward 1 continues to operate in the absence of its
Councillor, including maintaining the Ward 1 office to respond to inquiries
from constituents;
AND WHEREAS the City Clerk’s office has
continued to approve the payment of routine bills that are either of an
administrative nature (i.e. phone/cable charges, newspaper/ magazine
subscription, etc.) or were previously authorized by the former Ward 1
Councillor;
AND WHEREAS it has recently come to light that
the former Ward 1 Councillor traditionally participated in a number of seasonal
activities in the Orléans community including sponsoring or co-sponsoring the
costs related to events such as the Parade of Lights that is annually organized
by the Fire-fighters Association;
AND WHEREAS the Member Services Committee has
the broad jurisdiction to consider matters arising from “the administration of
the offices of the Councillors” as well as the “expenditures by Councillors”;
THEREFORE BE IT RESOLVED that Council delegate
to the Member Services Committee the interim authority, until December 31,
2005, to approve the payment of costs arising from such annual, seasonal events
from the Ward 1 Office Budget if there are sufficient funds therein and only
where a past practice for such costs being paid can be established.
CARRIED
Moved by Councillor S. Little
Seconded by Councillor D. Deans
That City
Council suspend the Rules of Procedure and resolve In Camera
pursuant to Subsection 13. (1) (d) of Procedure By-law 2003-589 – labour
relations or employee negotiations – providing an update on collective
bargaining.
CARRIED
IN CAMERA SESSION
IN COUNCIL
Motion to Adopt
Committee Reports
MOTION NO. 41/11
Moved by Councillor G.
Brooks
Seconded by Councillor S. Little
That Agriculture and Rural Affairs Committee
Report 14, Corporate Services and Economic Development
Committee Report 36, Planning and Environment Committee Reports 36 and
37, Transportation Committee Reports 26 and 27 and the report from the Chief Corporate
Services Officer entitled “Committee Appointments -
Ward 1 Orléans Vacancy” be received and adopted as amended.
CARRIED
Motions
of Which Notice has Been Given Previously
MOTION NO. 41/12
Moved by Councillor D. Holmes
Seconded by Councillor G. Bédard
WHEREAS the
City of Ottawa has approximately 400 licensed establishments in the central area;
AND WHEREAS
the majority of these licensed establishments conduct their business in a
professional and responsible manner;
AND WHEREAS
there are a number of establishments in Somerset Ward that do not conduct business
in a professional and responsible manner and as a result significantly impact
on the demand for increased municipal services such as Police, Bylaw,
Paramedic, Surface Operations, Fire and Health;
AND WHEREAS
the Alcohol and Gaming Commission is responsible for administering the Liquor
Licence Act that governs the sale and service of beverage alcohol in the
Province of Ontario and enforcement of this Act falls primarily to local liquor
inspectors;
AND WHEREAS
the inspector for Somerset Ward covers a large geographical area bounded by the
Ottawa River, the Canal and Kent Street in the downtown, Greenbank Road in the
west, Herberts Corners Road in the south and Conroy Road in the east;
(attachment 1);
AND WHEREAS
some licensed establishments may be over-serving their customers in violation
of the Liquor Licensing Act resulting in unacceptable late night drunken
behaviour that is disruptive to neighbourhood residents;
AND WHEREAS
this behaviour impacts directly on the need for additional services such as
Police, Bylaw, Paramedic, Surface Operations, Fire and Health required by these
establishments and the cost of these services fall to the municipal taxpayer;
AND WHEREAS a
coordinated blitz operation was conducted this past spring between the Ottawa
Police, Bylaw Services Branch, the AGCO and the Fire Service which resulted in
a number of violations; (attachment 2);
AND WHEREAS
the City Solicitor has identified that the City of Ottawa does not require any
further legislation to permit the municipality to charge back against
businesses the cost of enforcement under Section 150(8) of the Municipal Act;
AND WHEREAS
City Licensing By-law 2002-189 was amended to permit By-law Services to charge
back its enforcement costs against businesses that do not comply with municipal
regulations;
THEREFORE BE
IT RESOLVED that city staff be directed to utilize the provisions of By-law
2002-189 as amended to apply all municipal costs related to violations under
municipal by-laws in licensed establishments to the business owner.
Attachment 2
Elgin/Lowertown/Market/Sandy
Hill Bar Blitz Summary -May 19th, 20th, 21st, 22nd and June 3rd.
318 various charges were issued
167 By-Law
50 Liquor Licensing Act
17 Safe Streets Act
75 Highway Traffic Act
5 Criminal Code.
A total of 30 Noise by-law charges were laid for disturbing the inhabitants of the city
Also, several individuals were caught with opened liquor in the parks surrounding the Elgin Strip
58 Licensed establishment inspections were conducted by ACGO: 19 offences were addressed.
22 Licensed establishment inspections were conducted by the Fire Safety Inspectors: 45 violations were noted and addressed.
The Fire Station Bar was charged for over capacity on the patios.
Privilege Bar was charged twice for over capacity on the patio and The Bulldog Pub is facing a license suspension for serving to a minor.
MOTION NO. 41/13
Moved by Councillor R.
Chiarelli
Seconded by Councillor D. Deans
That Motion
No. 41/12 regarding By-law 2002-189 be referred to the November 10, 2005
meeting of the Emergency and Protective Services Committee.
Referral CARRIED with Councillor D. Deans dissenting.
Moved by Councillor G. Brooks
Seconded by Councillor E. El-Chantiry
WHEREAS the
City of Ottawa is evolving into a small big city;
AND WHEREAS
over the last few years there have been increasing incidents and concerns
regarding youth actions and youth safety;
AND WHEREAS
both residents and businesses feel that all options should be explored to increase
the safety of all residents, including youth;
THEREFORE BE
IT RESOLVED that staff bring forward a report to the Emergency & Protective
Services Committee, as soon as possible, laying out all available options for
the implementation of a city-wide curfew for individuals aged 17 and under.
CARRIED on a division of 11 YEAS to 8
NAYS as follows:
Yeas (11): Councillors S.
Little, E. El-Chantiry, R. Chiarelli, R. Bloess, D. Thompson, G. Bédard, G.
Brooks, M. Bellemare, A. Cullen, J. Legendre and R. Jellett.
Nays (8): Councillors G. Hunter, P. Feltmate, D. Deans, J. Stavinga,
C. Doucet,
M. McRae, P. Hume and Mayor Chiarelli.
Motion (Requiring Suspension of the Rules of Procedure)
MOTION NO. 41/15
Moved by Councillor C.
Doucet
Seconded by Councillor R. Jellett
That the Rules of
Procedure be waived to consider and approve the following Motion:
WHEREAS the
property tax assessment process in Ontario is managed by the Province of
Ontario through its own provincial agency (M.P.A.C.);
AND WHEREAS
the process of evaluations is secretive and appeal processes do not meet the
minimum standards of natural justice;
AND WHEREAS
the outcomes of assessments are often unpredictably and unreasonably high and
without recourse to mitigation;
AND WHEREAS
the administrative inefficiency of M.P.A.C. is such as to deny natural justice
to property owners;
AND WHEREAS
the current system of assessment coupled with Ontario property tax laws and
regulations create unreasonable, non-transparent and grossly inequitable
outcomes between and within property tax classes;
AND
WHEREAS the present system of Ontario property tax laws and regulations and the
current system of assessment maintain and promote unequal and unfair geographic
and regional disparities;
BE IT
RESOLVED that the Council of the City of Ottawa request the Ontario Ombudsman
to immediately request the Province of Ontario to freeze implementation of
property tax assessment (which does not affect provincial or municipal net
revenues), cause an investigation into all the inequities of the property tax
system (including M.P.A.C.) in Ontario, and make recommendations to the
Provincial Government to create remedies for all the aforesaid.
CARRIED with Councillor G. Hunter dissenting.
Notices of Motion (For
Consideration at Subsequent Meeting)
Moved by Councillor C.
Doucet
Seconded by Councillor J. Legendre
WHEREAS:
the FCM’s conference organizers normally invite the Prime Minister, Leaders of
the Opposition and many Cabinet Ministers to speak at the Annual General Meeting;
AND WHEREAS the FCM rarely has elected municipal
leaders invited as keynote speakers;
BE IT THEREFORE RESOLVED that the FCM organizing
committee consider inviting Mayor Akiba of Hiroshima, leader of the Mayors For
Peace initiative and Mayor Delanoe of Paris to be keynote speakers;
AND BE IT FURTHER RESOLVED that future FCM annual
meetings have a least an equal number of keynote speakers from the municipal
order of government as the federal and provincial.
Moved by Councillor A.
Cullen
Seconded by Councillor R. Chiarelli
WHEREAS the
Province of Ontario’s property assessment system will, in 2005, lead to over
124,000 homes in Ottawa receiving assessment-related tax increases, despite no
change in the level of municipal services received and without regard to the
ability to pay;
AND WHEREAS
the Province of Ontario’s property assessment system fails generally accepted
standards of taxation relating to transparency, simplicity, predictability and
stability, fairness (with respect to the benefit principle and to the
ability-to-pay principles of taxation), and accountability (as it is based on
market valuation);
AND WHEREAS
the Council of the City of Ottawa has passed motions in 2001, 2003 and in 2004
calling for the Province of Ontario to conduct a province-wide public review of
property assessment and property taxation issues;
THEREFORE the
Council of the City of Ottawa re-iterate its request to the Government of
Ontario (in particular the Premier of Ontario and the Minister of Finance) to
engage the public and municipalities in a province-wide public review of the
property assessment and property taxation system;
AND that this
motion be circulated to Ottawa-area M.P.P.s, Opposition Party Leaders and
Critics, and to the Association of Municipalities of Ontario.
Motion to Introduce By-laws Three Readings
MOTION NO. 41/16
Moved by Councillor G. Brooks
Seconded by Councillor S. Little
That the following by-laws be enacted and passed:
2005-433
A by-law of the
City of Ottawa to amend By-law No. 56-99 of the old Corporation of the City of
Cumberland respecting taxi meter rates and age of vehicles.
2005-434
A by-law of the
City of Ottawa to amend By-law No. 41 of 1998 of the old Corporation of the
City of Gloucester respecting taxi meter rates and age of vehicles.
2005-435
A by-law of the
City of Ottawa to amend By-law No. 120-97 of the old Corporation of the City of
Kanata respecting taxi meter rates and age of vehicles.
2005-436
A by-law of the
City of Ottawa to amend By-law No. 115-2000 of the old Corporation of the City
of Nepean respecting taxi meter rates and age of vehicles.
2005-437
A by-law of the
City of Ottawa to amend By-law Number L6-2000 of the old Corporation of the
City of Ottawa respecting taxi meter rates and age of vehicles.
2005-438
A by-law of the
City of Ottawa to amend By-law No. 34-00 of the old Corporation of the City of
Vanier respecting taxi meter rates and age of vehicles.
2005-439
A by-law of the
City of Ottawa to regulate permanent signs on private property.
2005-440
A by-law of the City of Ottawa to
designate 100-106 Bridle Park Drive, as being exempt from Part Lot Control.
2005-441
A by-law of the City of Ottawa to
designate 1498 Hunt Club Road, as being exempt from Part Lot Control.
2005-442 A by-law of the City of Ottawa to amend By-law No. 64-82 being a Zoning By-law of the former City of Cumberland, to lift a holding zone in respect of 1620 Old Montreal Road.
2005-443 A by-law of the City of Ottawa to repeal part of zoning By-law No. 2005-367 of the City of Ottawa as it affects the Zoning By-law of the former Township of West Carleton.
2005-444 A by-law of the City of Ottawa to amend the Official Plan of the Township of Cumberland - Urban Section, being the urban official plan of the former City of Cumberland to change the designation for the property known municipally as part of 701 Taylor Creek Drive and legally described as Parts 1, 2 and 3, on Plan 50R-6232.
2005-445 A by-law of the City of Ottawa to amend By-law No. 1-84 of the former City of Cumberland to change the zoning for the property known municipally as part of 701 Taylor Creek Drive and legally described as Parts 1, 2 and 3, on Plan 50R-6232.
2005-446 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 part of the property known municipally as 3350 Woodroffe Avenue.
2005-447 A by-law of the City of Ottawa to amend By-law Number 93-98 of the former City of Ottawa for the purpose of changing the zoning in effect for the property known municipally as 211 Bronson Avenue.
2005-448 A by-law of the City of Ottawa to amend By-law No. 2004-428 of the former Township of Rideau to change the zoning for the property known municipally as 4015 Donnelly Drive.
2005-449 A by-law of the City of Ottawa to amend By-law Numbers 74-79 and 167-93 of the former City of Kanata to change the zoning for the property known municipally as 5500 Kanata Avenue.
2005-450 A by-law of the City of Ottawa to amend By-law No. 1-84 of the former City of Cumberland to change the zoning for the property known municipally as 2080 Portobello Boulevard.
2005-451 A by-law of the City of Ottawa to amend By-law No. 40-99 of the former Township of Goulbourn to change the zoning for part of the property known municipally as 5264 Fernbank Road.
2005-452 A by-law of the City of Ottawa to amend By-law No. 40-99 of the former Township of Goulbourn to change the zoning for the property known municipally as 898 Eagleson Road.
2005-453
A by-law of the City of Ottawa to amend By-law No. 40-99 of the former Township of Goulbourn
to change the zoning for part of the property known municipally as 5264
Fernbank Road.
2005-454
A by-law of the City of Ottawa to amend By-law No. 40-99 of the former Township of Goulbourn
to change the zoning for part of the property known municipally as 5264
Fernbank Road.
2005-455
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 (Stonemeadow Drive, Ridgeside Farm Drive).
2005-456
A by-law of the City of Ottawa to
dedicate and lay out certain land as common and public highway in the City of
Ottawa (Tintern Drive).
2005-457
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 (Bridle Path Drive).
2005-458
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.
2005-459 A by-law of the City of Ottawa to amend By-law No. 2003-499 respecting Fire Routes.
2005-460 A by-law of the City of Ottawa to designate 1134 O’Grady Street to be of cultural heritage value or interest.
CARRIED
Confirmation By-law
Moved by Councillor R. Jellett
Seconded by Councillor C. Doucet
THAT By-law 2005 - 461 to confirm the proceedings of
Council be enacted and passed.
CARRIED
Inquiries
The following inquiries were raised:
From Councillor C. Doucet to the Chief
Corporate Services Officer respecting City vehicles.
From Councillor M. McRae to the Deputy City Manager, Public Works and Services respecting claims for storm sanitary sewer backups.
Adjournment
Council adjourned the meeting on 12 October 2005 at 4:37 p.m.
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CITY CLERK |
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MAYOR |