OTTAWA CITY COUNCIL
MINUTES 64
Wednesday, November 10,
2021
10:00 AM
By
Electronic Participation
This Meeting was held through
electronic participation in accordance with Section 238 of the Municipal
Act, 2001 as amended by the COVID-19 Economic Recovery Act, 2020
The Council of
the City of Ottawa met on Wednesday, November 10, 2021, beginning at 10:00 AM.
The Mayor, Jim Watson, presided over the Zoom meeting from Andrew
S. Haydon Hall, with the remaining Members participating remotely by Zoom.
Mayor Watson
led Council in a moment of reflection.
All Members were present at the meeting.
CONFIRMED
No declarations
of interest were filed.
MOTION NO 64/1
Moved by
Councillor T. Kavanagh
Seconded by Councillor J. Cloutier
That Agriculture and Rural Affairs Committee 26; Finance and
Economic Development Committee Report 31; Planning Committee Report 51; Transportation
Committee Report 23; and the report from the City Clerk entitled “Summary of
Oral and Written Public Submissions for Items Subject to the Planning Act
‘Explanation Requirements’ at the City Council Meeting of October 27, 2021” be
received and considered; and
That Council receive and consider Planning Committee Report 52,
pursuant to subsection 35 (5) of Procedure By-law 2021-24.
CARRIED
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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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CARRIED
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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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CARRIED
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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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RECEIVED
and CARRIED
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FINANCE AND ECONOMIC DEVELOPMENT COMMITTEE REPORT 31
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COMMITTEE RECOMMENDATION
That Council receive this report for information.
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RECEIVED
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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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CARRIED
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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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CARRIED
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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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CARRIED
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TRANSPORTATION COMMITTEE REPORT 23
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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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CARRIED
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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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CARRIED
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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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CARRIED
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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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CARRIED
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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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CARRIED
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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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CARRIED with Councillors S. Menard and C. McKenney dissenting.
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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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CARRIED
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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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CARRIED
RECEIVED
MOTION NO 64/2
Moved by
Councillor T. Kavanagh
Seconded by Councillor J. Cloutier
That Agriculture and Rural Affairs Committee 26;
Finance and Economic
Development Committee Report 31; Planning Committee Reports 51 and 52; Transportation
Committee Report 23; and the report from
the City Clerk entitled “Summary of Oral and Written Public
Submissions for Items Subject to the Planning Act ‘Explanation
Requirements’ at the City Council Meeting of October 27, 2021” be received and adopted as amended.
CARRIED
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MOTIONS OF WHICH NOTICE HAS BEEN PREVIOUSLY GIVEN
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MOTION NO 64/3
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.
LOST
on a division of 10 YEAS and 13 NAYS, as follows:
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YEAS (10):
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Councillors M. Fleury, D. Deans, R. King, S. Menard, J. Leiper,
T. Kavanagh, R. Chiarelli, R. Brockington, C.A. Meehan, C. McKenney
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NAYS (13):
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Councillors A. Hubley, K. Egli, G. Gower, T. Tierney, J. Cloutier,
J. Harder, E. El-Chantiry, M. Luloff, S. Moffatt, G. Darouze, C. Kitts,
L. Dudas, Mayor J. Watson
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MOTIONS REQUIRING SUSPENSION OF THE RULES OF
PROCEDURE
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MOTION NO 64/4
Moved by Councillor M.
Luloff
Seconded by Councillor
E. El-Chantiry
BE IT
RESOLVED that Council suspend the Rules of Procedure to permit the introduction
of the following motion in order to consider this technical amendment and allow
for the timely implementation of these regulations;
WHEREAS on
13 October 2021, Council enacted By-law No. 2021-315 amending the Licensing
By-law (By-law No. 2002-189, as amended) to create a comprehensive licensing
regime for tow service operators, tow truck drivers, and vehicle storage facility
operators, and these regulations will come into force on 1 January 2022; and
WHEREAS the
licensing regime includes conditions of issuance of a licence for tow service
operators and tow truck drivers, including the provision of a satisfactory
Vulnerable Sector Check (Level 3) to the Chief License Inspector; and
WHEREAS
upon further review and consideration, the Ottawa Police Service has advised
that a Criminal Record and Judicial Matters Check (Level 2) is a more
appropriate police record check for these two classes of licensees and meets
the requirements of the Provincial Police Record Checks Reform Act;
THEREFORE BE IT RESOLVED that clauses (iii) of Sections 3(1)(c) and
4(1)(c) of Schedule 35 of the Licensing By-law (By-law No. 2002-189, as
amended) be amended to replace the requirement for Vulnerable Sector Checks
(Level 3) with Criminal Record and Judicial Matters Checks (Level 2) for tow
service operators and tow truck drivers, respectively.
CARRIED
MOTION NO 64/5
Moved Councillor T. Tierney
Seconded Councillor M. Luloff
That the Rules of Procedure be
suspended to consider the following motion so that the plaque can be installed,
and a commemoration event held before the end of the year.
WHEREAS on July 24, 2002, City Council
approved, as amended, the Commemorative Naming Policy; and
WHEREAS in keeping with its powers set
out in the Municipal Act, 2001, Council may assign a commemorative name
by resolution, notwithstanding the provisions included in the Commemorative
Naming Policy; and
WHEREAS this field is the one that
she practiced, and later coached future soccer players on in her journey to
becoming a professional soccer athlete representing Canada; and
WHEREAS Vanessa Gilles Park will
represent the great discipline and professional work ethic of Tokyo 2020(21)
Gold Medalist Vanessa Gilles; and
WHEREAS Vanessa Gilles Park will
continue to be a Park where our future athletes will have the opportunity to
excel in their sport.
THEREFORE BE IT RESOLVED that Pineview
Park, located at 1465 Ridgebrook Drive, be named the “Vanessa Gilles Park”; and
BE IT FURTHER RESOLVED that an
appropriate stand and plaque be installed displaying the name and including a
brief history of Vanessa Gilles’ contributions; and
BE IT FURTHER RESOLVED that all
costs related to the production and installation of the stand, plaque and
subsequent event will be funded through the Councillor’s office.
CARRIED
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NOTICES OF MOTION (FOR CONSIDERATION AT SUBSEQUENT
MEETING)
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MOTION
Moved by Councillor M.
Fleury
Seconded by Councillor
T. Tierney
WHEREAS the Year of the Garden celebrates the Centennial of Canada’s
horticulture sector; and
WHEREAS gardens and gardening contribute to the quality of life of
our municipality and create safe and healthy places where people can come
together; and
WHEREAS gardens and gardening have helped us face the challenges of
the COVID-19 pandemic; and
WHEREAS the Year of the Garden will highlight and celebrate the
important contributions of our local gardening organizations and horticulture
professionals and businesses; and
WHEREAS Communities in Bloom in collaboration with the Canadian
Garden Council, invites all municipalities to celebrate the Year of the
Garden; and
WHEREAS National Garden Day is the
Saturday before Father’s Day, June 18 in 2022, and proclaiming Garden Day in
the City of Ottawa will contribute to the legacy of Canada’s Year of the Garden
2022; and
WHEREAS the City of Ottawa is committed
to be a Garden Friendly City, supporting the development of its garden culture;
THEREFORE BE IT RESOLVED THAT Ottawa City Council proclaim 2022 as
the Year of the Garden in celebration of the contribution of gardens and
gardening to the development of our country, our municipality, and the lives of
our citizens in terms of health, quality of life and environmental challenges.
MOTION
Moved by Councillor S.
Moffatt
Seconded by Councillor
G. Gower
WHEREAS in the 2014-2018 Mid-Term Governance Review, Council approved
that ongoing funding in the amount equivalent to an additional FTE (full-time
equivalent position) be provided the Planning Committee Chair to assist in
managing the Committee workload; and
WHEREAS the FTE credit is funded from the Council Administrative
Services budget, and applied to the respective Member’s Constituency Services
Budget; and
WHEREAS on July 21, 2021, Council approved Motion 58/4 establishing
that Planning Committee would have two Co-Chairs for the remainder of the
2018-2022 Term of Council, and that the additional funding provided to the
Planning Committee Chair from the Council Administrative Services budget be
split equally between the two Co-Chairs, with each receiving the equivalent of
a one-half FTE position; and
WHEREAS the Planning Committee Co-Chairs have jointly determined and
communicated to Council that Chair Moffatt would take the lead on planning policy,
while Councillor Gower would take the lead on development review files and
Chair the bi-weekly Planning Committee meetings; and
WHEREAS the Planning Committee Chairs have since jointly determined
that, given the workload and volume associated with the bi-weekly Planning
Committee meetings, Chair Gower would benefit from the additional FTE traditionally
provided to the Planning Committee Chair;
THEREFORE BE IT RESOLVED that until the end of the 2018-2022 Term of
Council, that the full FTE Credit for the Planning Committee Chair be applied
to Chair Gower’s Constituency Services Budget.
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MOTION TO INTRODUCE BY-LAWS
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MOTION NO 64/6
Moved by
Councillor T. Kavanagh
Seconded by Councillor J. Cloutier
That the by-laws
listed on the Agenda under Motion to Introduce By-laws, Three Readings, be read
and passed
CARRIED
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BY-LAWS
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THREE READINGS
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Councillors T. Kavanagh and J. Cloutier
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2021-331.
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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2021-332.
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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2021-361.
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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2021-362.
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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2021-363.
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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2021-364.
A by-law of the City of Ottawa to amend By-law No. 2008-250 to remove
the holding symbol from the lands known municipally as 8800 Campeau Drive.
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2021-365.
A by-law of the City of Ottawa to amend By-law No. 2008-250 to
change the zoning of part of the lands known municipally
as 5651 First Line Road.
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2021-366.
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 300 and 320 des
Pères-Blancs Avenue.
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2021-367.
A by-law of the City
of Ottawa to designate certain lands at Hawkeswood Drive on Plan 4M-1493 as
being exempt from Part Lot Control.
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2021-368.
A by-law of the
City of Ottawa to designate certain lands at Rideau Street and Cumberland
Street on Plan 42482 as being exempt from Part Lot Control.
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2021-369.
A by-law of the City of Ottawa to amend By-law No. 2002-189, as
amended, respecting the licensing and regulation of tow service operators,
tow truck drivers, and vehicle storage facility operators.
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MOTION NO 64/7
Moved by
Councillor T. Kavanagh
Seconded by Councillor J. Cloutier
That the following
by-law be read and passed:
To confirm the proceedings of the Council meeting of November 10,
2021.
CARRIED
Councillor C. McKenney (OCC 21-16)
Subsections 238(4) and 238(5) of the Municipal Act, 2001,
expressly provide for a municipal council to designate a “presiding officer” for
its meetings, as follows:
Presiding officer
(4) The procedure by-law may, with the
consent of the head of council, designate a member of council, other than the
head of council, to preside at meetings of council.
Secret ballot
(5) A presiding officer may be
designated by secret ballot.
Given that municipal councils have the statutory authority to designate
a presiding officer for their meetings, can staff provide:
1.
Examples of Council chairing models
that are used in other municipalities in Ontario and Canada; and
2.
Information regarding potential advantages
and disadvantages that may exist under a presiding officer model.
Councillor G. Gower (OCC 21-17)
Can staff provide Council with a list of all reviews, audits, and
investigations that Council or staff have requested regarding LRT procurement,
construction, operations, or maintenance, including those completed and those
in progress.
The meeting
adjourned at 12:38 pm.
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CITY
CLERK MAYOR