OTTAWA CITY COUNCIL

11 February 2009

ANDREW S. HAYDON HALL

10:00 a.m.

 

AGENDA 60

 

 

 

1.       Prayer

 

 

2.                 National Anthem (Councillor P. Feltmate)

 

 

3.       Announcements/Ceremonial Activities

 

·                    Presentation - Governor General's Certificates of Commendation

 

4.       State of the City Address – Mayor O’Brien

 

 

5.       Roll Call

 

 

6.       Confirmation of Minutes

 

Confirmation of Minutes of the regular and In Camera meetings of 28 January 2009 and the special and In Camera meeting of 24 January and the special meeting 30 January 2009.

 

 

7.       Declarations of pecuniary interest including those originally arising from prior meetings

 

 


8.       Communications

 

·                    Association of Municipalities of Ontario (AMO) Alerts :

·        Federal Budget

·        REMINDER: February 6, 2009 deadline to respond to government's initial proposed AODA Information and Communications Standard

·        Minister Extends Consultation Period on the Waste Diversion Act Review to April 1, 2009.

·        Federal Government Announces New Infrastructure Funding.

 

·                    Responses to Inquiries

·        Memorandum from the Deputy City Manager, Infrastructure Services and Community Sustainability providing a partial response to Inquiries 27-08 and 46-08 – Light Rail Project Indirect Costs, and outlining the resources that would be required for a complete response.

 

 

9.       Regrets

 

Councillors P. Hume (City Business) and G. Bédard (City Business) have advised they will be absent from the Council meeting of 11 February 2009.

 

 

10.     Motion to Introduce Committee Reports

(Councillors D. Deans and M. Bellemare)

 

 

COMMUNITY AND PROTECTIVE SERVICES COMMITTEE REPORT 35

 

 

1.         OTTAWA COMMUNITY HOUSING CORPORATION OPERATING AGREEMENT

 

 

Committee Recommendation

 

That Council approve the proposed Operating Agreement between Ottawa Community Housing Corporation (OCHC) and the City of Ottawa, attached as Document 1, which defines a funding formula for the OCHC Public Housing and redefines the funding formula for the OCHC Section 95 Municipal Non-Profit Housing.

 

 


 

 

2.         NAMING OF PIONEER PLAINS PARK - STITTSVILLE

 

 

Committee Recommendation

 

That Council approve the area of land commonly known as the Jackson Trails Park, located at 1018 Main Street in Stittsville, be officially named “Pioneer Plains Park.” 

 

 

COMMUNITY AND PROTECTIVE SERVICES COMMITTEE REPORT 35A (IN CAMERA)

 

 

1.         COMMEMORATIVE NAMING APPLICATION – PARK – IN CAMERA - PERSONAL MATTERS ABOUT AN IDENTIFIABLE INDIVIDUAL REPORTING OUT DATE: SUBSEQUENT TO COUNCIL APPROVAL

 

 

To be dealt with In Camera

 

 

CORPORATE SERVICES AND ECONOMIC DEVELOPMENT COMMITTEE REPORT 36

 

 

1.             SALE OF PROPERTY - 281-283 CRICHTON STREET

 

 

Committee RecommendationS AS AMENDED

 

That Council:

 

1.      Declare the property municipally known as 281-283 Crichton Street and shown hatched on Annex “A” attached, containing approximately 192.0 m2  (2066.73 square feet), subject to final survey, legally described as Lot 10, Registered Plan 111296 being all of PIN 04218-0311, in the City of Ottawa, as surplus to the City’s needs;

 

2.      Approve the sale of the property detailed in Recommendation 1, subject to any easements that may be required, to Albert Nicholas Hock, Robyn Brown and Mark Shelford, for the amount of $385,000 plus GST, if applicable, pursuant to an Agreement of Purchase and Sale that has been received; and

 

3.   That the funds generated from the sale of these lands be held in reserve pending a review of the City’s Housing First Policy.

 

 

2.             SALE OF PROPERTY – 293-295 CRICHTON STREET

 

 

Committee RecommendationS AS AMENDED

 

That Council:

 

1        Declare the property municipally known as 293-295 Crichton Street and shown hatched on Annex “A” attached, containing approximately 196.0 m2  (2109.79 square feet), subject to final survey, legally described as Lot 13, Registered Plan 111296 being all of PIN 04218-0316, in the City of Ottawa, as surplus to the City’s needs;

 

2        Approve the sale of the property detailed in Recommendation 1, subject to any easements that may be required, to Ramin Yazdani, in Trust, for the amount of $380,000 plus GST, if applicable, pursuant to an Agreement of Purchase and Sale that has been received; and

 

3        That the funds generated from the sale of these lands be held in reserve subject to a review of the City’s Housing First Policy.

 

 

 

3.                   SINKING FUND LEVIES

 

 

Committee Recommendation

 

That Council receive this report for information.

 

 

 

4.                   ACQUISITION OF FITZROY HARBOUR AND BUCKHAM'S BAY BOAT LAUNCHES

 

 

Recommendations FROM THE AGRICULTURE AND RURAL AFFAIRS COMMITTEE AND THE CORPORATE SERVICES AND ECONOMIC DEVELOPMENT COMMITTEE                    

 

That Council approve:

 

1.      That the Deputy City Manager of City Operations be authorized to negotiate an agreement for the acquisition of the Fitzroy Harbour and Buckham's Bay Boat Launches subject to:

 

(a)   Payment of $1 to the Federal Government;

(b)   Federal investment of $240,000 to undertake the replacement of the existing facilities with new boat ramps and wharves;

(c)    The settlement of any outstanding land claims with respect to the two properties;

(d)   Assumption of ongoing maintenance and lifecycle costs estimated at $13,300 per year; and

(e)   City investment of $30,000 plus associated annual maintenance costs of $3,500 to improve the Fitzroy Harbour access road; and

 

2.      That Real Estate Services be authorized to proceed with the acquisition, and report back to the appropriate Standing Committee and Council for final approval.  

 

 

 

5.                   REQUEST FOR DEVELOPMENT CHARGE EXEMPTIONs

 

 

Committee Recommendation

 

That Council resolve to exempt both the Kanata Montessori School (355 Michael Cowpland Drive) and the Ottawa Christian School (255 Tartan Drive) from development charges under Section 7(s) of the Development Charges By-law 2004-298 as development is occurring on land owned by non-profit corporations.

 

 

PLANNING AND ENVIRONMENT COMMITTEE REPORT 45

 

 

1.             DEMOLITION CONTROL - 2630 CARLING AVENUE

 

 

Committee recommendation

 

That Council approve the demolition of the building located at 2630 Carling Avenue.

 

 

 

2.             ZONING - 1426 SCOTT STREET

 

 

Committee recommendations as amended

 

(This application is subject to Bill 51)

 

That Council approve:

 

1.         An amendment to Zoning By-law 2008-250 to rezone 1426 Scott Street from the General Mixed Use GM[127]F(1.0)H(13.5) Zone to a General Mixed Use GM[xxxx] F(1.0) H(13.5) zone to maintain the provisions of the existing zone and to permit a parking lot for a temporary period, as shown in Document 1 and detailed in Document 2.

 

2.         That the by-law to implement Recommendation 1 not be enacted until such time as a Site Plan application for the parking lot is submitted and approved with an agreement entered into or a letter of undertaking provided.

 

3.         That approval of the temporary zoning set out in Recommendation 1 be null and void if the requirements of Recommendation 2 have not been satisfied within six months of approval.

 

4.         That the by-law not come forward until the building is demolished.

 

 

 

3.             ZONING - 3530 AND PART OF 3538 JOCKVALE ROAD

 

 

Committee recommendation

 

(This application is subject to Bill 51)

 

That Council approve an amendment to Zoning By-law 2008-250 to change the zoning of 3530 and part of 3538 Jockvale Road from DR (Development Reserve Zone) and R3Z [1435]-h (Residential Third Density Subzone Z, Exception 1435, Holding) to R1Z [664] (Residential First Density Subzone Z, Exception 664), R3Z [xxxx] (Residential Third Density Subzone Z, Exception xxxx), and R4Z [xxxy] (Residential Fourth Density Subzone Z, Exception xxxy), as shown in Document 1 and as detailed in Document 2.

 

 


 

 

4.             SIGN BY-LAW MINOR VARIANCE - 70 STONEHAVEN DRIVE

 

 

Committee recommendation

 

That Council approve a variance to Sign By-law 2005-439, to permit an illuminated ground sign within a residential zone with a height of 2.6 metres and with an area of three square metres, as detailed in Document 2, for the retirement home at 70 Stonehaven Drive.

 

 

 

5.             SIGN BY-LAW MINOR VARIANCE - 1194 CARP ROAD

 

 

Committee recommendation

 

That Council approve the application to vary Sign By-law 2005-439, to permit a non-illuminated ground sign within a residential zone with a height of 2.6 metres, an area of 2.1 square metres located no closer than 0.3 metres from the front lot line, for the commercial use at 1194 Carp Road.

 

 

TRANSIT COMMITTEE REPORT 22

 

     

1.             ROLL-OUT OF Transit SERVICE – STAFF PRESENTATION

 

 

COMMITTEE RECOMMENDATIONS AS AMENDED

 

That Council approve the following:

 

1.         All Regular December Passes (includes adult and student available in monthly, annual or semester options) be valid until March 31, 2009;

 

2.         All Express December Passes (includes Express/Rural Express, adult and student, senior and community) be valid until April 30, 2009;

 

3.         All Eco Pass holders (including Regular and Express) will have 70 days of service without deductions after resumption of service.

 

 

 


TRANSIT COMMITTEE REPORT 23

 

    

1.         Strategies to support the resumption of public transit

 

 

COMMITTEE RECOMMENDATIONS AS AMENDED

 

That Council approve the following:

 

1.         That travel on OC Transpo be provided at no charge for the month of February to all users; and

 

2.         That residents who received refunds for their December bus passes be given the opportunity (with receipts) to buy back their December pass for use under the new rules.

 

 

 

TRANSPORTATION COMMITTEE REPORT 25

 

    

1.          WAIVER of ENCROACHMENT BY-LAW 2003-446 for 224 DALHOUSIE STREET 

 

 

COMMITTEE RECOMMENDATION

 

That Council approve the waiver of Section 3(2) of the Encroachment By-law 2003-446 to permit a raised platform to remain as a permanent surface encroachment on the Guigues Avenue road allowance at 224 Dalhousie Street.

 

 

 

    

2.         Waiver to the private approach by-law 2003-447 for 52 hopewell avenue

 

 

COMMITTEE RECOMMENDATION

 

That Council approve the waiver of Section 26(c) of the Private Approach By-Law 2003-447 to reduce the minimum distance between a driveway and an intersection to 5.3 metres from 6 metres at 52 Hopewell Avenue.

 


 

    

3.          Blackburn Hamlet Bypass - In-Service Road Safety Review 

 

 

COMMITTEE RECOMMENDATIONS

 

That Council approve the following:

 

1.         That staff finalize the implementation of all of the low, medium and high cost strategies identified in the report;

 

2.         That staff undertake the preliminary design for median and side ditch improvements in 2009 as outlined in this report; and

 

3.         That the funding required to undertake the safety improvements for the medians and side ditches be included in the draft 2010 budget.

 

 

TRANSPORTATION COMMITTEE REPORT 25A (IN CAMERA)

 

    

1.             ROADS AND CYCLING advisory committee – appointment TO A DEDICATED SEAT (IN CAMERA – PERSONAL MATTER ABOUT AN IDENTIFIABLE INDIVIDUAL)

REPORTING OUT DATE: UPON COUNCIL APPROVAL

 

 

            To be dealt with In Camera

 

 

TRANSPORTATION COMMITTEE REPORT 26

 

    

1.          Integrated street furniture program – Project Update and way forward

 

COMMITTEE RECOMMENDATIONS AS AMENDED

 

That Council:

 

1.         Receive the results of best practice research and public consultation;

 

2.         Approve the Integrated Street Furniture Program (ISFP) guiding principles as prioritized in this report and as set out in Document 4;

 

3.         Approve the street furniture elements to be included in the ISFP as described in this report;

 

4.         Approve the advertising based funding model upon which the ISFP will operate;

 

5.         Approve the ISFP advertising permissions, controls and exclusivity as detailed in this report, as amended by the following:

 

a.         by continuing the consideration of advertising on litter/receptacles and benches.

 

b.         by continuing a provision for local business advertisers.

 

6.         Direct staff to work with existing street furniture providers to negotiate a one-year extension to the existing contracts to July 2011; and

 

7.         Direct staff to return to Council prior to the release of the Request for Proposal (RFP) with the final Policy, Design and Placement Guidelines for the ISFP, the overall RFP strategy, and recommendations on litter/recycling collection.

 

8.         That the bicycle parking program component be removed from the Integrated Street Furniture Program.

 

 

11.     Motion to Adopt Reports

(Councillors D. Deans and M. Bellemare)

 

 

12.     Motions of Which Notice has Been Given Previously

 
MOTION

 

Moved by Councillor R. Bloess

Seconded by Councillor R. Jellett

 

WHEREAS the Provinces of Ontario and Quebec have indicated their preferences for the next stage of the Interprovincial Crossings Study;

 

WHEREAS Council had a reconsideration of the inclusion of the Lower Duck corridor slated for January 28, 2009;

 

THEREFORE BE IT RESOLVED THAT Council consider the new information and affirm its position on the Lower Duck corridor.

 

MOTION

 

Moved by Councillor M. Bellemare

Seconded by Councillor D. Deans

 

WHEREAS in February 1999 the interprovincial transportation study commissioned by the National Capital Commission, the Regional Municipality of Ottawa-Carleton, and the Communauté urbaine de l'Outaouais concluded that "it would be appropriate to consider a new approach to solving the gradual deterioration of traffic conditions in the NCR [National Capital Region]", that "this approach would consist of developing a ring road around the NCR territory", and that the "route of the ring road would initially comprise roads and highways surrounding the area (existing or planned in the short term) and two new interprovincial links; one in the east in the Orléans/Masson-Angers corridor, and the other in the west, possibly in the Kanata/Aylmer corridor";

 

AND WHEREAS In June 2007 the Mayor of Ottawa's Task Force on Transportation came to the same conclusion and called for the construction of a ring road tied to a new bridge over the Ottawa River.

 

AND WHEREAS the environmental organization Ottawa Riverkeeper recently announced that the best place for a new bridge would be between Cumberland and Masson-Angers, and in particular, that "a crossing at Cumberland/Masson would have the least impact on the river and a crossing at Lower Duck Island would likely have the greatest impact on the river";

 

THEREFORE BE IT RESOLVED THAT the Cumberland-Masson-Angers corridor be protected and included in Phase 2 for evaluation.

 

 

MOTION

 

Moved by Councillor J. Legendre

Seconded by Councillor G. Bédard

 

That Council support the positions of the Province of Ontario and the Province of Quebec in the matter of the Interprovincial River Crossing Environmental Assessment.

 

 


MOTION

 

Moved by Councillor S. Qadri

Seconded by Councillor D. Thompson

 

WHEREAS the development approvals for the Westwood Community provide for a park with a soccer field and other facilities;

 

AND WHEREAS this requirement was explicitly identified in the drawings referred to in the registered subdivision agreement;

 

AND WHEREAS the plan of subdivision containing the park was registered in 2005;

 

AND WHEREAS the park has not yet been constructed;

 

AND WHEREAS extensive discussions have taken place with the developers with respect to having the park constructed;

 

AND WHEREAS prior to and at a public meeting of the community in November, 2008 it was held out that the construction work would take place over the period between December, 2008 and May, 2009;

 

AND WHEREAS an agreement was drafted to incorporate this timing but this agreement has not been signed by the developers;

 

AND WHEREAS Planning and Environment Committee, pursuant to delegated authority, approved on 27 January 2009 the imposition on the next phase of the Westwood Community a condition of draft plan approval to requirement the terms of the agreement be adhered to;

 

AND WHEREAS, regardless of the timing of the registration of Phase 3, the community is entitled to have Coyote Run Park constructed now;

 

THEREFORE BE IT RESOLVED THAT Council approve that:

 

1.                  the City cash $150,000 of the existing letter of credit;

2.                  $450,000 in interim funding be made available to the City Operations Department to permit the construction of Coyote Run Park;

3.                  The developers of phase 3 of Westwood be required to repay the cost of the construction of Coyote Run Park no later than the registration of Phase 3; and

4.                  That the provisions of the Notice By-law relating to the notice of amendments to the Budget be waived.

 

 

MOTION

 

Moved by Councillor A. Cullen

Seconded by Councillor G. Bédard

 

WHEREAS on January 15, 2009 Council established a Sub Committee of Transit Committee to work with staff on a Return to Transit Recovery Program;

 

AND WHEREAS Council provided a list of initiatives to be considered by Transit Committee and Council as part of the Return to Transit Recovery Program;

 

AND WHEREAS the Return to Transit Recovery Program will consist of both immediate actions and a longer-term strategy to rebuild ridership and ensure customers are compensated for lost service;

 

AND WHEREAS decisions respecting immediate actions are needed to facilitate immediate implementation at the end of the strike;

 

THEREFORE BE IT RESOLVED that City Council delegate authority to Transit Committee to make decisions regarding the implementation plan for those immediate actions that are not related to fares or the transit levy, as long as they are within the Council-approved budget for Transit Services after incorporating any anticipated financial impacts from the strike.

 

 

13.     Notices of Motion (For Consideration at Subsequent Meeting)

 

14.     Notice of Intent from the City Auditor General to Table at the 25 February 2009 Council meeting, a report entitled "Office of the Auditor General – Tabling of the 2008 Audit Reports – Volume 1".

 

15.     Notice of Intent from the City’s Meeting Investigator to submit an investigation report for consideration at the 25 February 2009 Council meeting.

 

16.     Motion to Introduce By-laws                                          Three Readings

(Councillors D. Deans and M. Bellemare)

 

a)                  A by-law of the City of Ottawa to amend By-law No. 2003-500 regarding certain service charges related to the municipal water supply.

 

b)                  A by-law of the City of Ottawa to amend By-law No. 2007-452 respecting tax deferral program fees.

 

c)                  A by-law of the City of Ottawa to impose special annual drainage rates upon land in respect of which money is borrowed under the Tile Drainage Act.

 

d)                  A by-law of the City of Ottawa to amend By-law No. 2005-439 regulating permanent signs on private property.

 

e)                  A by-law of the City of Ottawa to amend By-law No. 2003-69 respecting compliance reports and associated fees in the Development Services Department.

 

f)                    A by-law of the City of Ottawa to change the name of a municipal highway in the City of Ottawa (Goulbourn Forced Road to Didsbury Road).

 

g)                  A by-law of the City of Ottawa to designate 87, 89, 91, 93, 95, 97, 99, 101, 103, 105, 107 and 109 Bandelier Way, as being exempt from Part Lot Control and to repeal By-law No. 2009-15.

 

h)                  A by-law of the City of Ottawa to designate 750, 752, 754, 756, 758, 760, 762, 764, 766, 768, 770, 772, 774, 776, 778, 780, 782, 784, 786, 788, 790 and 792 Fletcher Circle, as being exempt from Part Lot Control and to repeal By-law No. 2008-442

 

i)                    A by-law of the City of Ottawa to designate Part of Lot 78 on Plan 4M-1318, being Parts 1 and 2 on Reference Plan 4R-23311, as being exempt from Part Lot Control and to repeal By-law No. 2008-441 (Lucinda Crescent).

 

j)                    A by-law of the City of Ottawa to amend By-law No. 2003-499 respecting Fire Routes.

 

k)                  A by-law of the City of Ottawa to amend By-law No. 2001-15 to appoint Inspectors in respect of Fire Prevention Matters.

 

l)                    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.

 

m)                A by-law of the City of Ottawa to amend By-law No. 2007-338 to appoint Municipal Law Enforcement Officers in the Transit Services Branch of the Infrastructure Services and Community Sustainability Department.

 

n)                  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 3530 and part of 3538 Jockvale Road.

 

o)                  A by-law of the City of Ottawa to amend By-law No. 2008-504 respecting Committee of Adjustment fees and to repeal By-law No. 2009-3.

 


p)                  A by-law of the City of Ottawa to designate Trim Road Inc, Phase 3 (Notting Hill) at 2200 Trim Road, being Blocks 241, 242, 243, 244, 249, 335 and all of Block 250, Plan 4M-1313, save and except Parts 1 to 11 on Plan 4R-22629 and Parts 1 to 18 on Plan 4R-23105, as being exempt from Part Lot Control

 

 

17.     Confirmation By-law (Councillors D. Deans and M. Bellemare)

 

 

18.     Inquiries

 

 

19.     Adjournment  (Councillors D. Deans and M. Bellemare)

 

 

 

Simultaneous interpretation of these proceedings is available.  Please speak to the attendant at reception.

 

 

NOTICE

 

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 conducted without charge to the Requestor.