OTTAWA CITY COUNCIL
23 September 2009
ANDREW S. HAYDON HALL
10:00 a.m.
AGENDA 74
1. Prayer
2.
National Anthem (Councillor
D. Thompson)
3. Announcements/Ceremonial Activities
·
Recognition -
Child Abuse and Neglect Prevention Day
·
Recognition - Cumberland
Heritage Village Museum
4. Roll Call
5. Confirmation of Minutes
Confirmation
of Minutes of the regular and In Camera meetings of 9 September 2009 and
the Special meeting of 11 September 2009.
6. Declarations
of interest including those originally arising from prior meetings
7. Communications
·
Association of
Municipalities of Ontario (AMO) Alerts :
·
AMO
Releases Draft Paper: Seeking Joint and Several Liability Reform
·
Responses
to Inquiries
·
21-09 - Framework for the Development of Supplementary Budget Options
8. Regrets
Councillor
G. Hunter has advised he will be absent from the Council meeting of
23 September 2009.
9. Motion to Introduce
Reports
(Councillors B. Monette and G. Bédard)
CITY CLERK AND SOLICITOR
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STATUS UPDATE – COUNCIL INQUIRIES AND MOTIONS FOR THE
PERIOD ENDING 9 SEPTEMBER 2009. RAPPORT DE SUIVI DES DEMANDES DE RENSEIGNEMENTS ET DES MOTIONS DU
CONSEIL MUNICIPAL POUR LA PÉRIODE PRENANT FIN LE 9 SEPTEMBRE 2009 |
REPORT RECOMMENDATION
That Council receive this report for information.
COMMITTEE REPORTS
AUDIT, BUDGET AND FINANCE
COMMITTEE REPORT 2
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Processus
budgÉtaire de 2010 |
COMMITTEE
MEETING INFORMATION
Delegations: None
Debate: Committee discussed this matter for approximately one hour
Vote: CARRIED
Position of Ward Councillor: City-wide
COMMITTEE RECOMMENDATIONS AS AMENDED
That Council:
1. Receive
this report for information;
2. Approve
that Standing Committee Chairs be allocated funds of up to $10,000 each to be used
to hire an independent resource to assist each Standing Committee in the
challenge function of their Budget Review; and
That
the funds required for this be transferred from the Mayor’s Budget to the
Elected Officials’ Administrative Budget, with the contracts and invoicing to
be administered by the Clerk’s Office;
3. Approve
that the Standing Committee Draft Budgets be prepared on the basis of no new
needs, with the new needs indicated separately with a full rationale provided,
to be considered as part of the Standing Committee Budget Review; and
That
the Ottawa Public Library Board and the Ottawa Police Services Board be
requested to submit their budgets with regard to these guidelines; and
4. Approve
that the Service Excellence and management efficiency plans be presented in
context with the 2010 Draft Standing Committee Budgets.
COMMUNITY AND PROTECTIVE
SERVICES COMMITTEE REPORT 45
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1. PRESENTATION – H1N1 VIRUS UPDATE PRÉSENTATION – RAPPORT DE
SITUATION VIRUS H1N1 |
Committee meeting information
Delegations: none
Debate: Committee spent one hour on this matter.
Vote: Motion to make presentation at Council CARRIED unanimously
Committee
Recommendation
That Council receive an expanded
presentation on the City of Ottawa’s H1N1 preparedness plan.
COMMUNITY AND PROTECTIVE
SERVICES COMMITTEE REPORT 45A (IN CAMERA)
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1. COMMEMORATIVE NAMING
APPLICATION – FOOTBALL FIELD – IN CAMERA - PERSONAL MATTERS ABOUT AN
IDENTIFIABLE INDIVIDUAL. REPORTING
OUT DATE: SUBSEQUENT TO COUNCIL APPROVAL DEMANDE D'ATTRIBUTION DE
NOM COMMÉMORATIF - TERRAIN DE
FOOTBALL - À HUIS CLOS - QUESTIONS PERSONNELLES CONCERNANT UNE PERSONNE
IDENTIFIABLE. DATE DE RAPPORT : A LA SUITE DE L’APPROBATION DU CONSEIL |
To be dealt with In Camera.
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2. OTTAWA-COMMUNITY ICE
PARTNERS (OCIP) - P3 2009/2010 OPERATING SAVINGS - IN CAMERA - THE SECURITY
OF THE PROPERTY OF THE CITY, THE RECEIVING OF ADVICE THAT IS SUBJECT TO SOLICITOR-CLIENT
PRIVILEGE, INCLUDING COMMUNICATIONS NECESSARY FOR THAT PURPOSE. REPORTING OUT DATE: UPON COUNCIL APPROVAL OTTAWA COMMUNITY ICE
PARTNERS (OCIP) – PPP 2009-2010 ÉCONOMIES D’EXPLOITATION – À HUIS CLOS – LA
SÉCURITÉ DE LA PROPRIÉTÉ DE LA VILLE, LES CONSEILS QUI SONT PROTÉGÉS PAR LE
PRIVILÈGE DU SECRET PROFESSIONNEL DE L'AVOCAT, Y COMPRIS LES COMMUNICATIONS
NÉCESSAIRES À CETTE FIN. DATE DE
DIFFUSION : SUR APPROBATION PAR LE CONSEIL |
To be dealt with In Camera.
PLANNING AND ENVIRONMENT
COMMITTEE REPORT 56A
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2.
ZONING - 2781, 2791, 2797 BASELINE ROAD AND
2704, 2706, 2724, 2734 DRAPER AVENUE ZONAGE - 2781, 2791, 2797, CHEMIN BASELINE ET 2704,
2706, 2724, 2735, AVENUE DRAPER |
Committee
meeting information
Delegations: 28 speakers (2 in support, 26 opposed)
Debate: Committee spent two hours debating this matter.
Vote: Reduction in building heights CARRIED (6-2), amended recommendation LOST on a tie (4-4)
Position of Ward Councillor: Councillor Chiarelli opposes the development
as proposed.
Committee recommendation as
amended
(This application
is subject to Bill 51)
That Council consider the report.
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6. ORVILLE STATION: APPEALS
TO ONTARIO MUNICIPAL BOARD – MINOR VARIANCES station orville
: appels à la commission des affaires municipales de l’ontario – dérogations
mineures
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Committee
meeting information
Delegations: 8 speakers (4 in support, 4 opposed)
Debate: Committee spent 1½ hour debating this matter.
Vote: Staff recommendation LOST on a tie (4-4)
Position of Ward Councillor: Councillor Qadri supports proceeding with the appeal.
Committee recommendation as
amended
That Council consider
the report.
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7. By-law 2008-250,
Legal, Non-Conforming Uses, Motion for Leave to Appeal Règlement 2008-250, utilisations légales
dérogatoires, motion en autorisation d’appel
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Committee
meeting information
Delegations: 1 speaker in opposition
Debate: Committee spent one hour debating this matter.
Vote: Staff recommendation CARRIED with two dissents (Hume, Hunter)
Committee recommendation
That Council
confirm the seeking of leave to appeal by the City Clerk and Solicitor in
respect of the decision of the Ontario Municipal Board concerning Section 3 of
By-law 2008-250.
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8. Hold on building on lands drained by the Carp River or its tributaries
within the urban area suspension des constructions sur les terrains irrigués
par la rivière Carp ou ses affluents dans le secteur urbain
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Committee meeting information
Delegations: 4 speakers in opposition
Debate: Committee spent more than one hour debating this matter.
Vote: Motion CARRIED with three dissents (Hunter and Qadri, Hume on 3)
Position
of Ward Councillors: Councillor Feltmate
supports and Councillor Qadri opposes
Committee recommendationS as
amended
That Council approve the following:
1. Staff
be directed to run the modeling for water levels in the Carp River with data
updated to reflect the storm of July 24, 2009 and the super-saturated soil
conditions and assess whether this new data is consistent with expectations
produced by the model under such conditions;
2. Staff
report back to Planning and Environment Committee on October 13, 2009 on the
results of running the model with the updated data;
3. Until
the modeling for water levels in the Carp River has run with updated data to
reflect the storm of July 24, 2009 and a report has been made to Planning and
Environment Committee, the City of Ottawa shall prevent building from
proceeding in Kanata West and Fernbank lands which drain to the Carp River or
its tributaries where it has the legal means to do so;
4. Notwithstanding
the recommendation in point 3 of this motion, construction of
Federal/Provincial/Municipal Infrastructure Stimulus Projects where the
deadline for completion is March, 2011, or development lands needed to support
stimulus projects be permitted to proceed as well as facilities required for
emergency services;
5. Staff
confirm in writing to Council whether or not any new development on previously
registered lands is permitted to proceed on the basis of stormwater standards
in place prior to the standards that were approved in November 2004;
6. Where
a draft approved plan of subdivision, which has yet to proceed to registration,
would permit development on stormwater standards in place prior to November
2004, staff are directed to amend the conditions of approval to require that
the new standards be utilized;
7. Where
a registered but undeveloped plan of subdivision, would permit development on
stormwater standards in place prior to November 2004, staff shall advise
Council in writing prior to the issuance of a Commence Work Notice; and
8.
The planned third party review of
the investigation into the flooding of July 24, 2009 be conducted by a firm
that has not acted for any developer in any previous work on stormwater
management with respect to lands drained by the Carp River or have links to
another firm that has so acted.
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9. Pool Enclosure By-law 2001-259 – LOCKABLE GATES règlement sur les enceintes de piscine 2001-259 –
barrières munies d’un verrou
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Committee recommendationS as
amended
1. That Council amend the Pool Enclosure
By-law 2001-259 to require that all pool enclosure gates that adjoin any
publicly used space, such as a City park, golf course, or backing on a street,
be lockable and locked at all time, except when the gate is being used for
access to or egress from the subject property by the property owner, or by
individuals having the property owner’s consent to enter or leave the property;
2. That the amendment to the Pool
Enclosure By-law 2001-259 take effect September 23, 2009 to provide for
effective implementation and notice to prospective applicants; and,
3. That the Building Code Services Branch
be directed to undertake a review of the by-law in 2010 to determine the
feasibility of applying these new standards retroactively, from a legal,
resource availability and community support perspectives and report back to
Council in early 2011 with the results of the review.
PLANNING AND ENVIRONMENT COMMITTEE REPORT 57
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1.
LONGFIELDS
DRIVE LAND AND CONSTRUCTION, SOUTHWEST TRANSITWAY LAND AND CONSTRUCTION
AND NEPEAN SOUTH STORMWATER PONDS TERRAINS ET CONSTRUCTION DE LA
PROMENADE LONGFIELDS, TERRAINS ET CONSTRUCTION DU TRANSITWAY DIRECTION SUD-OUEST
ET ÉTANGS D’EAUX PLUVIALES DE NEPEAN SUD |
Committee recommendations
That Council
approve that:
1. The City Clerk and Solicitor be
directed to seek a modification to By-law 2009-219 to provide for the exclusion
of the area highlighted on Document 1 to this report.
2. The City reimburse South Nepean
Development Corporation (“SNDC”) the cost incurred by SNDC for the Chapman
Mills Stormwater Pond and associated works to date, such amounts estimated to
be $3,178,577.
3. The City further reimburse SNDC in
respect of lands owned by the City in the Nepean South Stormwater Area on the
basis of the development charges imposed by 2009-219 in respect of completed
works for the Chapman Mills Pond and development charge eligible trunk
stormwater facilities such reimbursement estimated to be $1.4 million and to
occur at the earlier of:
a. The sale of such lands by the City; and
b. The development of such lands.
4. A front-ending agreement with SNDC
for the balance of the works, such agreement to be in a form satisfactory to
the General Manager, Planning and Growth Management and the City Clerk and
Solicitor and to include reimbursement to the City for SNDC’s share of the
transitway storm sewer works, be finalized and executed.
5. The City, subject to satisfactory
evidence of costs incurred, reimburse SNDC:
a. An amount not to exceed $600,000 in respect
of the construction of Longfields between Markplace Boulevard and Strandherd
Drive;
b. $181,815 in respect of the environmental assessment
for Longfields from Strandherd Drive to the Jock River.
6. That in return for the remaining
portion of Longfields Drive and lands for the South-West Transitway and
supporting easements for the South-West Transitway. the lands required for the
remaining part of the Chapman Mills pond shall be made available to SNDC for $1
7. The provisions of the Notice By-law
with respect to notice of budget amendments be waived.
That Council approve the
Bulk Consent Agenda attached as Document 1.
11. Motion to Adopt Reports
(Councillors B. Monette and G. Bédard)
12. Motions
of Which Notice has Been Given Previously
MOTION
Moved by Councillor
R. Bloess
Seconded
by Councillor B. Monette
WHEREAS the
property owners of 2714 Pagé Road took out a demolition permit in 2008; and
WHEREAS
the property owners were unaware of the dates to apply for a property value
reduction for their 2008 property tax assessment before the February 28, 2009
deadline; and
WHEREAS the
application deadlines are defined in the Municipal Act; 2001; and
WHEREAS the
residents of 2714 Pagé Road have applied and will be eligible for an assessment
reduction in 2009;
THEREFORE BE IT
RESOLVED that, once the value of the 2009 assessment reduction has been
established, a one-time grant be provided to the owners of 2714 Pagé Road in
the amount of the 2008 property tax reduction that would have been applicable
had the appeal been filed in time for 2008, to be calculated proportionally
based on the amount of the 2009 assessment reduction, to an upset limit of
$1730.
13. Notices of Motion (For Consideration at Subsequent Meeting)
14. Motion to Introduce By-laws Three Readings
(Councillors B. Monette and G.
Bédard)
a) A by-law of the City of Ottawa to establish and regulate Ottawa Fire Services.
b)
A
by-law of the City of Ottawa regarding pre-consultation on development
applications.
c) A by-law of the City of Ottawa to amend the Procedure By-law (By-law No. 2006-462).
d) A by-law of the City of Ottawa to authorize the entering into of an agreement with the Province of Ontario relating to funding provided by the Province of Ontario to the City under the Federal/Provincial Infrastructure Stimulus Funding Program.
e) A by-law of the City of Ottawa to establish the position and duties of Auditor General of the City of Ottawa, including statutory powers, and to repeal By-law No. 2005-84, as amended.
f) A by-law of the City of Ottawa to establish certain lands as common and public highway and assume them for public use (Stanmore Street).
g)
A by-law of the City of Ottawa to
establish certain lands as common and public highway and assume them for public
use (Sieveright Avenue).
h) A by-law of the City of Ottawa to amend By-law No. 2008-250 of the City of Ottawa to change the zoning for part of the property known municipally as 1032 Baseline Road.
i) A by-law of the City of Ottawa to amend By-law No. 2008-250 of the City of Ottawa to change the zoning for the property known municipally as 475 Terry Fox Drive and to repeal By-law No. 2009-291.
j) A by-law of the City of Ottawa to designate certain lands at Bridgestone Drive and Waymark Crescent as being exempt from Part Lot Control.
k) A by-law of the City of Ottawa to designate certain lands at 900 to 946 Burwash Landing Bay and 1020, 1022 and 1024 Marconi Avenue as being exempt from Part Lot Control.
l) A by-law of the City of Ottawa to amend By-law No. 2001-10 to appoint certain Livestock Valuers for the City of Ottawa.
m) 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.
n) A by-law of the City of Ottawa to stop up and close part of Jasper Avenue on Registered Plan 322.
o) A
by-law of the City of Ottawa to amend By-law No. 2001-259 respecting the
enclosure for privately-owned outdoor pools.
p) A by-law of the City of Ottawa to amend By-law No. 2008-250 of the City of Ottawa to change the zoning for the property known municipally as 2305 Page Road and to repeal By-law No. 2009-289.
15. Confirmation By-law (Councillors B. Monette and G.
Bédard)
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16. Inquiries
17. Adjournment (Councillors B. Monette and
G. Bédard)
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Simultaneous interpretation of these proceedings is available. Please speak to the attendant at reception. |
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In Camera Items are not subject to public
discussion or audience. Any
person has a right to request an independent investigation of the propriety
of dealing with matters in a closed session. A form requesting such a review may be obtained, without
charge, from the City’s website or in person from the Chair of this
meeting. Requests are kept
confidential pending any report by the Meetings Investigator and are
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NOTICE