OTTAWA CITY COUNCIL
AGENDA 64
Wednesday, November 10, 2021
10:00 am
By Electronic Participation
This Meeting will be held
through electronic participation in accordance with Section 238 of the Municipal
Act, 2001 as amended by the COVID-19 Economic Recovery Act, 2020
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COMMITTEE RECOMMENDATION
That Council adopt the Engineer’s Report prepared by Robinson
Consultants Inc., entitled Amendment to the Engineer’s Report for the East
Savage Municipal Drain dated September 2021 and give 1st and 2nd reading to the
By-law attached as Document 2 to this report in accordance with Sections 42
and 45 of the Drainage Act of Ontario.
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COMMITTEE RECOMMENDATION
That Council approve an amendment to Zoning By-law
2008-250 for 5651 First Line Road to permit Phase 3 of the draft approved
residential Plan of Subdivision, as detailed in Document 2.
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AGRICULTURE AND RURAL AFFAIRS COMMITTEE AND PLANNING
COMMITTEE RECOMMENDATIONS
That Council:
1. Receive information on an estimated
budget of $8.296 million for 2022 to 2024 for preparation of a new
Comprehensive Zoning By-law, less $1.35 million previously approved in 2021
for a total estimated new expenditure of $6.946M, as shown in Document 1 –
Budget for the new Zoning By-law 2022 – 2024;
2. Approve the City of Ottawa City-Wide
Development Charge Background Study for New Zoning By-law to fund the
preparation of the growth-related zoning provisions in the new Zoning By-law,
as shown in Document 2;
3. Approve the New Zoning By-law Development
Charges By-law, 2021, as shown in Document 3; and
4 Approve the proposed amendments to the
Zoning By-law Work Plan concerning dates for the “Big Moves” report and the addition
of details concerning the project schedule, as shown in Document 4 – Revised
Work Plan for the new Zoning By-law.
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COMMITTEE RECOMMENDATION
That Council receive this report for information.
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COMMITTEE RECOMMENDATIONS
That Council:
1. Approve the repeal of By-law 2008-448
(Parkdale Market);
2. Approve the repeal of By-law 2008-449
(ByWard Market);
3. Approve the new Ottawa Markets By-law;
4. Approve the Marchés d'Ottawa Markets
Corporation Operating Procedures as provided in Schedule E of the new Ottawa
Markets By-law; and
5. Delegate authority to the General
Manager, Planning, Infrastructure and Economic Development to receive and
approve amendments to the Marché d’Ottawa Markets Corporation Operating
Procedures and place the amended by-law schedule for enactment on the agenda
of Council, as further described in this report.
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COMMITTEE RECOMMENDATION
That Council approve an amendment to Zoning By-law
2008-250 for 2865 Riverside Drive to permit a seven-storey apartment
building, with reduced tenant parking, as detailed in Document 2.
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COMMITTEE RECOMMENDATION
That Council approve an amendment to Zoning By-law
2008-250 for 300 and 320 des Pères-Blancs Avenue to remove the property from
the Heritage Overlay to permit the reconstruction of the Vanier Museopark’s
Sugar Shack, as detailed in Document 2.
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COMMITTEE MEETING
INFORMATION
Delegations: The
committee heard 3 delegations on this item.
Debate: The committee
spent 1 hour and 23 minutes on the item
Vote: The recommendations CARRIED as
presented with two directions to staff
Position of Ward
Councillor: City Wide Report
Position of Advisory
Committee: n/a
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COMMITTEE RECOMMENDATIONS
That Council approve:
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1. The proposed fee structure for
road cut application fees, temporary construction encroachment applications,
temporary road closures application fees, and the administration of the Right
of Way Damage Deposit, as described in this report and set out in the Fee
Schedule in Document 1 and proposed to be effective January 1, 2022; and
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2. The addition of 10 full-time
equivalent (FTE) positions, five being in the Right of Way, Heritage, and
Urban Design Service Area of the Planning, Infrastructure and Economic
Development Department (“PIED”), three being in the Traffic Services Branch
of the Public Works and Environmental Services Department and two being in
the Financial Services Unit of PIED at an approximate annual cost of
$1,170,000, funded entirely from processing fee revenues; and
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3. The revised Pavement
Degradation Fees as described in this report and set out in the Fee Schedule
in Document 2 and proposed to be effective January 1, 2022; and
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4. The amendments to the Road
Activity By-law No. 2003-445 as set out in Document 3 and described in this
report; and
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5. Amendments to the Encroachments
By-law No. 2003-446 as set out in Document 3 and described in this report..
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COMMITTEE RECOMMENDATION
That Council approve the implementation of the 8 new
warranted school crossing guard locations for the remainder of the 2021
budget year, with the one-time cost of $15,000 to be funded from the Traffic
Services 2021 Adult School Crossing Guard Program.
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COMMITTEE RECOMMENDATION
That Council approve the waiving of all encroachment
and road cut permit fees under By-laws (2003-46 & 2003-446) related to
this site, anticipated to be a revenue loss of approximately $100,000,
contingent on the execution of a construction agreement between the City of
Ottawa and Groupe Lepine for the above works at a scope to be finalized at
the General Manager, Planning, Infrastructure and Economic Development’s
discretion.
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COMMITTEE RECOMMENDATIONS
That Council:
1. Approve the Heritage Community
Improvement Plan Grant Program application submitted by POLO IV PROPERTIES
INC., owner of the property at 278-280 O’Connor Street, and 347 Gilmour
Street for a Community Improvement Plan Grant not to exceed $500,000 over a
maximum period of 10 years, subject to the establishment of, and in accordance
with the terms and conditions of a Community Improvement Grant Agreement; and
2. Delegate authority to the General
Manager, Planning, Infrastructure and Economic Development, to finalize and
execute a Heritage Community Improvement Plan Grant Agreement with POLO IV
PROPERTIES INC., establishing the terms and conditions governing the payment
of a Community Improvement Grant for the restoration of 278-280 O’Connor
Street, to the satisfaction of the City Manager, the City Clerk, City
Solicitor and the City Treasurer.
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COMMITTEE RECOMMENDATION
That Council approve the request for an additional
$105,000 to support the connection of sanitary sewer service to City lands at
4151 and 4201 Albion Road from the previously approved $665,000 budget for a
total budget of $770,000, funded through the sale of surplus properties.
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COMMITTEE RECOMMENDATIONS
That Council:
1. Approve the Brownfield Redevelopment
Grant application submitted by Tamarack (Norman) Corporation, owner of the
property at 93 Norman Street, for Rehabilitation Grant under the Brownfield
Redevelopment Community Improvement Plan (2015), not to exceed a total of
$275,382 for which the grant payment period will be phased over a maximum of
ten years of development, subject to the establishment of, and in accordance
with, the terms and conditions of the Brownfield Redevelopment Grant Agreement;
the maximum deferral of Development Charges of $234,075 under the Development
Charge Deferral Program; and the estimated contribution of $67,812 towards
the Municipal Leadership Strategy fund;
2. Delegate the authority to the General
Manager, Planning, Infrastructure and Economic Development, to execute a
Brownfield Redevelopment Grant Agreement with Tamarack (Norman) Corporation,
establishing the terms and conditions governing the payment of the grant for
the redevelopment of 93 Norman Street, to the satisfaction of the General
Manager, Planning, Infrastructure and Economic Development Department, the
City Solicitor and the City Treasurer.
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COMMITTEE RECOMMENDATIONS
That Council approve:
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1. the speed limit be lowered from
50 km/h to 40 km/h on Kirkwood Avenue between Merivale Road and Carling
Avenue; and
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2. the 60 km/h speed limit zone,
currently ending on Riverside Drive at 135 meters south of the entrance to the
St. Hubert Restaurant, be extended to 450 meters south of the entrance to the
restaurant.
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REPORT RECOMMENDATION
That Council approve the Summaries of Oral and
Written Public Submissions for items considered at the City Council Meeting
of October 27, 2021, that are subject to the ‘Explanation Requirements’ being
the Planning Act, subsections 17(23.1), 22(6.7), 34(10.10) and 34(18.1), as
applicable, as described in this report and attached as Document 1.
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MOTIONS OF WHICH NOTICE HAS BEEN PREVIOUSLY GIVEN
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MOTION
Moved by Councillor C. McKenney
Seconded by Councillor D. Deans
WHEREAS on August 8, 2021, an
equipment/component failure caused an empty Light Rail Transit (LRT) train to
derail while switching tracks after leaving Tunney’s Pasture Station, leading
to an inspection of the fleet that showed similar problems with nine other
vehicles; and
WHEREAS on September 19, 2021, a train derailed
between Tremblay Station and Hurdman Station after two axles became dislodged;
and
WHEREAS these are only two of the most recent
problems that have occurred on the City’s multi-billion-dollar LRT Project
since it was unanimously approved by Council in December of 2012; and
WHEREAS Section 274 of the Municipal Act,
2001 expressly provides a municipal council with the statutory authority to
request by resolution, that a Judge of the Superior Court of Justice shall:
a) Investigate any supposed
breach of trust or other misconduct of a member of council, an employee of the
municipality or a person having a contract with the municipality in relation to
the duties or obligations of that person to the municipality;
b) Inquire into any matter
connected with the good government of the municipality; and/or
c) Inquire into the conduct
of any part of the public business of the municipality; and
WHEREAS Section 274 of the Municipal Act,
2001, “remains substantially unchanged from its predecessor section in
1866”; and
WHEREAS Mr. Justice Ian Binnie of the Supreme
Court of Canada noted in a case involving the City of Sarnia in 1998 that,
“much of the history of Canada could be interpreted through the work of
commissions of inquiry” and that the “power to authorize a judicial inquiry is
an important safeguard of the public interest” (emphasis added); and
WHEREAS Justice Binnie also observed that Section
274 of the Municipal Act, 2001, “reflects a recognition through the
decades that good government depends in part on the availability of good
information” and that a “municipality, like senior levels of government, needs
from time to time to get to the bottom of matters and events within its
bailiwick”; and
WHEREAS in the Toronto Computer Leasing Inquiry
and the Toronto External Contracts Inquiry Madam Justice Denise Bellamy noted
that “a public inquiry is a public investigation, carried out in the public
eye” she also emphasized that “although the findings of a commissioner may
affect public opinion, they cannot have either penal or civil consequences”
(emphasis added); and
WHEREAS Subsection 274(3) of the Municipal
Act, 2001 mandates that a Judge “shall report the results of the investigation
or inquiry to the council as soon as practicable”; and
WHEREAS on October 13, 2021, City Council
approved Motion No. 61/15, which asked the City’s Auditor General to include an
audit of City staff’s recommended approach that led to the procurement and
implementation of the Stage 1 Light Rail Transit (LRT) system, culminating in
the DESIGN, BUILD, FINANCE AND MAINTENANCE OF OTTAWA’S LIGHT RAIL TRANSIT
(OLRT) PROJECT (ACS2012-ICS-RIO-0004) report, considered
and approved by City Council on December 12, 2012, which resulted in the
current system, in the Auditor General’s Workplan, to begin as soon as
practicable, as further described in the motion; and
WHEREAS Subsection 223.19(1) of the Municipal
Act, 2001 provides that the Auditor General “reports to council and is
responsible for assisting the council in holding itself and its administrators
accountable for the quality of stewardship over public funds and for
achievement of value for money in municipal operations”; and
WHEREAS Section 223.22 of the Municipal Act,
2001 prescribes a duty of confidentiality with respect to the Auditor
General’s duties, which includes that “The Auditor General and every person
acting under the instructions of the Auditor General shall preserve secrecy
with respect to all matters that come to his or her knowledge in the course of
his or her duties under this Part,” meaning that much of the Auditor General’s
work, apart from reports made by the Auditor General, takes place in private;
and
WHEREAS the residents of Ottawa both require and
deserve to know by way of an independent, open and transparent public process
the complete truth of how and why the LRT transit system became the City’s
largest, flawed capital project;
THEREFORE BE IT RESOLVED THAT City Council
approve the following:
1.
That
a judicial inquiry be formally requested to be conducted pursuant to Section
274 of the Municipal Act, 2001, which authorizes a Judge of the Superior
Court of Justice to investigate or inquire into any matter regarding a supposed
breach of trust or misconduct by a Member of Council or a former Member of
Council, a City employee or a former City employee or any person having a
contract with the City of Ottawa, or to any matter connected to the good
government or the conduct of any part of the City’s public business; and
2.
That
the Honourable Geoffrey B. Morawetz, Chief Justice of the Superior Court of
Ontario, be requested to designate a Judge of the Superior Court of Justice for
this statutory inquiry and the Judge so designated as the Commissioner be
authorized to conduct the inquiry in two stages, as follows:
a)
To
obtain, bearing in mind the cost and principles of proportionality, all records
and documents necessary to investigate and understand the following:
i.
The
facts and sequence of events from 2012 to the present regarding the approvals,
development, costs, timelines and operation of the City’s LRT system;
ii.
The
nature, extent and application of the delegation of authority provided to City
staff in all of these matters;
b)
To conduct
public hearings into the matters designated in accordance with the principles
of fairness, thoroughness, efficiency and accessibility.; and
BE IT FURTHER RESOLVED THAT the Terms of
Reference of the judicial inquiry shall include: to inquire into all aspects of
the LRT transit system as it relates to the good government of the municipality
or the conduct of its public business, including any impacts, financial or
otherwise, on the residents and taxpayers of the City, and to make any
recommendations that the Commissioner considers appropriate and in the public
interest as a result of the inquiry.
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THREE READINGS
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Councillors T. Kavanagh and J. Cloutier
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a)
A by-law of the City of Ottawa respecting the delegation of
authority over the licensing, regulating and governing of vending in the
ByWard Market and the Parkdale Market, and to repeal By-law 2008-448 and
By-law 2008-449.
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b)
A by-law of the
City of Ottawa to amend By-law No. 2017-180 respecting the appointment of
Municipal Law Enforcement Officers in accordance with private property
parking enforcement.
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c)
A by-law of the
City of Ottawa to amend By-law No. 2008-250 to remove the holding symbol from
part of the lands known municipally as 4248 Stagecoach Road.
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d)
A by-law of the
City of Ottawa to amend By-law No. 2008-250 to remove the holding symbol and
change the zoning of part of the lands known municipally as 155 Ploughshare
Road.
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e)
A by-law of the
City of Ottawa to amend By-law No. 2008-250 to change the zoning of the lands
known municipally as 2865 Riverside Drive
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Simultaneous
interpretation of these proceedings is available.
Accessible formats and communication supports are
available, upon request.
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NOTICE
The City of
Ottawa continues to take COVID-19 seriously, and in following the advice of
provincial and federal governments, is making significant changes to services
and programming to help protect health and wellbeing of the community.
Committee and Council meetings will be held electronically until further
notice.
Members of
the public may watch the Council meeting live on RogersTV or the Ottawa City
Council YouTube page. For more details and updates visit https://ottawa.ca/en/city-hall/your-city-government/watch-or-listen-council-meetings
IN CAMERA ITEMS
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 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.
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