City Council Minutes

 

OTTAWA CITY COUNCIL
MINUTES 62

Wednesday, October 27, 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

 

Note: Please note that the Minutes are to be considered DRAFT until confirmed by Council.

The Council of the City of Ottawa met on Wednesday, October 27, 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.

ANNOUNCEMENTS/CEREMONIAL ACTIVITIES

 

RETIREMENT RECOGNITION FOR ANTHONY DIMONTE, GENERAL MANAGER, EMERGENCY AND PROTECIVE SERVICES DEPARTMENT

 

Mayor Watson, Councillor Matthew Luloff, Chair of the Community and Protective Services Committee, and Steve Kanellakos, City Manager, offered thanks to Anthony Di Monte, General Manager, Emergency and Protective Services Department, on the occasion of his impending retirement after 42 years of public service.

 

Mayor Watson also to welcomed Renée Amilcar, as the new General Manager of the Transportation Services Department.

 

ROLL CALL

All Members were present at the meeting.

 

CONFIRMATION OF MINUTES

 

 

Confirmation of the Minutes of the Council meeting of 13 October 2021

                                                                                                            CONFIRMED

 

DECLARATIONS OF INTEREST INCLUDING THOSE ORIGINALLY ARISING FROM PRIOR MEETINGS

No declarations of interest were filed.

 

COMMUNICATIONS

 

Association of Municipalities of Ontario (AMO):

 

 

The following communications were received.

 

 

·          

AMO Policy Update – Phase I Regulations of Conservation Authorities Act Released

 

 

·          

AMO Policy Update – OMPF Allocations and LTC Development Call

 


 

REGRETS

No regrets were filed.

 

MOTION TO INTRODUCE REPORTS

 

MOTION NO 62/1

Moved by Councillor T. Kavanagh
Seconded by Councillor J. Cloutier

That report from the Ottawa Community Lands Development Corporation entitled “Ottawa Community Lands Development Corporation 2020 ‑ Annual Report”; the report from the Ottawa Public Library Board entitled “Ādisōke – Project Update and Funding Strategy”; Joint Agriculture and Rural Affairs Committee and Planning Committee Report 5; Community and Protective Services Committee Report 22; Standing Committee on Environmental Protection, Water and Waste Water Report 19; Finance and Economic Development Committee Report 30; Transit Commission Reports 14 and 14 A; 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 13, 2021be received and considered.

                                                                                                            CARRIED


 

REPORTS

 

OTTAWA COMMUNITY LANDS DEVELOPMENT CORPORATION

 

 

1.

OTTAWA COMMUNITY LANDS DEVELOPMENT CORPORATION 2020 ANNUAL REPORT

 

REPORT RECOMMENDATIONS

That Council:

1.         Receive the Audited financial statements of the Ottawa Community Lands Development Corporation for the year 2020 in the Annual Report attached as Document 1; and

2.         Appoint Ernst & Young LLP as the auditor of the Ottawa Community Lands Development Corporation for the year 2021.

                                                                                                            CARRIED

 

OTTAWA PUBLIC LIBRARY BOARD

 

2.

ĀDISŌKE – PROJECT UPDATE AND FUNDING STRATEGY

 

REPORT RECOMMENDATION

That Ottawa City Council receive this report for information.

RECEIVED on a division of 21 YEAS and 2 NAYS, as follows:

 

YEAS (21):

Councillors J. Cloutier, S. Moffatt, G. Gower, T. Kavanagh, J. Leiper,
R. Chiarelli, J. Harder, L. Dudas, G. Darouze, E. El-Chantiry, C. Kitts,
T. Tierney, K. Egli, D. Deans, R. Brockington, M. Luloff, R. King,
A. Hubley, S. Menard, M. Fleury, Mayor J. Watson

NAYS (2):

Councillors C. McKenney, C.A. Meehan

 

 

COMMITTEE REPORTS

 

FINANCE AND ECONOMIC DEVELOPMENT COMMITTEE REPORT 30

 

 

3.

ĀDISŌKE (OTTAWA PUBLIC LIBRARY AND LIBRARY AND ARCHIVES CANADA JOINT FACILITY) PROJECT UPDATE AND PROCUREMENT TENDER RESULTS

 

COMMITTEE RECOMMENDATIONS

That Council approve the following:

1.          Receive the report for information.

2.          Approve additional budget authority of $65,560,163 for Library and Archives Canada (LAC)’s share of the joint facility which is fully funded from the federal government;

3.          Approve additional $35,907,679 budget authority for the City share of the joint facility to be funded by Tax Support Debt;

4.          Approve additional $27,969,266 budget authority for Ottawa Public Library share of the joint facility:

a.         $16,000,000 to be funded by Library Reserves;

b.        $11,969,226 to be funded by Development Charge Debt;

5.          Approve additional budget authority for the fit up of food and beverage spaces of $1,200,000 to be recovered by retail revenues;

6.          Approve a $910,753 budget transfer from IO# 908141 ORAP Albert Street   Bronson Avenue   Slater Street; and

7.          Approve additional budget authority of $9,692,580 for the City-owned underground parking facility to be funded by Tax Supported Debt, with the debt servicing funded from net parking revenues.

 

Councillors R. Brockington and C. McKenney dissented on recommendations 4 and 7, and Councillor S. Menard dissented on recommendation 7.  

The item was then put to Council and CARRIED on a division of 22 YEAS and 1 NAYS, as follows, with the above-noted dissents:

 

YEAS (22):

Councillors J. Cloutier, S. Moffatt, G. Gower, T. Kavanagh, J. Leiper, R. Chiarelli, J. Harder, L. Dudas, C. McKenney, G. Darouze,
E. El-Chantiry, C. Kitts, T. Tierney, K. Egli, D. Deans, R. Brockington, M. Luloff, R. King, A. Hubley, S. Menard, M. Fleury, Mayor J. Watson

NAYS (1):

Councillor C.A. Meehan

 

JOINT PLANNING COMMITTEE AND AGRICULTURE AND RURAL AFFAIRS COMMITTEE REPORT 5

 

4.

NEW OFFICIAL PLAN

 

COMMITTEE RECOMMENDATIONS, AS AMENDED

That Council:

1.         Receive the new Official Plan engagement report attached as Document 1;

2.         Receive the following documents prepared in support of the new Official Plan as Documents 2 through 7;

a.    Document 2: Resolution of Council Motions relating to growth and the Official Plan;

b.    Document 3: Resolution of Ministry of Municipal Affairs and Housing Comments;

c.    Document 4A: Financial report – ‘development pays for development’;

i.      Document 4B: 2021 Hemson Report – Summary Update of Comparative Municipal Fiscal Impact Analysis

ii.    Document 4C: May 26, 2021 Memo – New Official Plan Growth Management Strategy – Financial Analysis Rationale

d.    Document 5: Growth Management Strategy – Implementation Modelling;

e.    Document 6: Memorandum detailing a framework for consideration of in-process applications;

f.     Document 7: Draft Adoption By-law for Official Plan.

3.         Approve Document 12 (revised October 14, 2021) [m2.1]: Staff recommended changes to the draft new Official Plan;

4.         Adopt the new Official Plan Volume 1 and Volume 2 (Secondary Plans and Area-Specific Policies) as presented in Documents 8 and 9 (being Volume 1 and, Volumes 2A urban secondary plans, 2B rural secondary plans and 2C Area Specific Policies, respectively), as amended by the following motions approved by the Joint Planning Committee and Agriculture and Rural Affairs Committee:

a.    [m64.1] That the specific public benefits of community gardens be described in section 2.2.4 Healthy and Inclusive Communities in the new Official Plan and direction for consideration of land allocation for community gardens be identified in the update to Urban Forest and Greenspace Master Plan; and

b.    [m64.1] That section 2.2.4(3), as contained on page 30 of New Official Plan, be amended by adding the words “, healthy eating, and active living, helps reduce food insecurity and social isolation while providing broader environmental, aesthetic, and educational benefits;” immediately following the words “and villages to promote equitable access to healthy food” in the 5th bullet point.

c.    [m84.1] That Policy 3.1.5(f) be revised to read as follows:

f) That lands designated as part of a natural heritage system are excluded while maintaining the possibility of minor, site-specific adjustments along the boundaries to reflect the results of more detailed field investigations if required.

d.    [m77.1] That Council approve that a new subsection 7) be added to 3.1 (Designate Sufficient Land for Growth) as follows:  

7) To reduce greenhouse gas emissions through land-use, transportation and energy planning consistent with Council-approved greenhouse gas reduction targets, projected demand for urban expansion will be reported on as part of the Climate Change Master Plan’s annual status updates considering the following objectives: 

 

a)    Alignment with local energy utilities to help control the cost of distribution, facilitate on-site generation and support local distributed energy; 

b)    Energy efficient built forms and proximity to a mix of land uses;

c)    Maximize the energy and emission reduction performance of new development or modifications to existing development; and 

d)    Access to sustainable modes of travel as well as infrastructure to support the electrification of private and public vehicles. 

e.    FURTHER BE IT RESOLVED that Section 3.2.7 be amended (by adding clause e) as follows:

3.2 7) To reduce greenhouse gas emissions through land-use, transportation and energy planning consistent with Council-approved greenhouse gas reduction targets, intensification will be reported on as part of the Climate Change Master Plan’s annual status updates considering the following objectives:

a)  Alignment with local energy utilities to help control the cost of distribution, facilitate on-site generation and support local distributed energy;

b)  Energy efficient built forms and proximity to a mix of land uses;

c)  Maximize the energy and emission reduction performance of new development or modifications to existing development; and

d)  Access to sustainable modes of travel as well as infrastructure to support the electrification of private and public vehicles.

e)  Alignment of intensification targets with progress towards targets for the reduction of greenhouse gas emissions. 

f.     [m14.1] That Council direct Staff to modify the New Official Plan to remove the policies that allow for consideration of 5- or 6-storey buildings on Minor Corridors without an Official Plan Amendment process.

g.    [m14.1] That, to implement the above, the text be modified in the New Official Plan as approved by the Joint Planning Committee and Agriculture and Rural Affairs Committee in Motion No PLC-ARAC 2021-5-5;

h.    [m63.1] That section 5.2.3(3)(b) be deleted from the Official Plan.

i.      [m62.2] That Section 5.6.1.1(3)(a) be deleted and replaced with following:

“Where the Zoning By-law for an area has not been updated either before adoption of this Plan in anticipation of this Plan’s policy direction, or post adoption of this Plan, to be consistent with the policy intent of this Plan, the City will generally be supportive of applications for low-rise intensification that seek to amend the development standards of the underlying zone where the proposal demonstrates that the development achieves objectives of the applicable transect with regards to density, built form and site design in keeping with the intent of Sections 3 and 5 of this Plan.”

j.      [m91.1] That 6.3.3(8)(a) be amended to remove the words “or eliminated” and replace with the words "or exempted under limited and appropriate circumstances and requirements”; and

k.    [m91.1] That 11.1(2)(a) be amended to read as follows:

Development proposals for Low-rise residential or mixed-use buildings that fulfill the intensification objectives of the Growth Management Framework may be exempt, under limited and appropriate circumstances and requirements, from Site Plan Control or shall have reduced submission requirements and a simplified site plan process subject to meeting defined criteria in order to streamline the process for, and lower the costs of intensification;”

l.      [m51.2] That Council approve the following with respect to Section 9.2.2 (2)(b)(i) of the New Official by adding the words: “private medical or medical-related clinics, veterinary services,” immediately following the words “such as restaurant, gas station”;

m.  [m47.1] That Council retain the Urban Natural Feature designation for all of the Carlington Woods;

n.    [m13.1] That the Alta Vista/Faircrest Heights/Riverview Park Secondary Plan be amended by adding to Section 2 the following new policy 4 after policy 3, and renumbering the subsequent policies in that section accordingly:

“4)       Notwithstanding the right-of-way protection or existing width along Smyth Road, high-rise buildings are not permitted on any parcel of land on the north side of Smyth Road within the boundary of this Secondary Plan.”

o.    [m13.1] That Volume 2C be amended by adding a new Area Specific Policy to read as follows:

“xx.)   Notwithstanding the provisions of Policy 5.3.3(3)(a) of the Official Plan, high-rise buildings are not permitted on any parcel of land on both sides of Smyth Road outside the boundary of the Alta Vista/Faircrest Heights/Riverview Park Secondary Plan.”

p.    [m39.1] That Council modify the CEDCSP so that all Official Plan Amendments, Zoning By-law Amendments, and Site Plan Control applications associated with mid-rise, high-rise, and high-rise 41+ buildings within the boundaries of the Secondary Plan be required to be reviewed by the UDRP until the completion of an updated UDRP Terms of Reference which may provide more specific guidance on the role of the Panel in this area; and that the below text be added to the CEDCSP:

“3.5 Urban Design

27) Official Plan Amendments, Zoning By-law Amendments, and Site Plan Control applications associated with mid-rise, high-rise, and high-rise 41+ buildings within the boundaries of the Secondary Plan will be reviewed by the UDRP until the completion of an updated UDRP Terms of Reference which may provide more specific guidance on the role of the Panel in this area.”

q.    [m8.2] That Council commit the City of Ottawa to tenets of social equity, defined as the fair, just and equitable management of all institutions serving the public directly, and the fair and equitable distribution of public services and implementation of public policy, and the commitment to promote fairness, justice, and equity in the formation of public policy;

r.     [m8.2] That as the City continues to use the 5 Big Moves to guide further planning efforts, those efforts will be reviewed using the Equity and Inclusion Lens to advance the City’s racial, cultural, economic and gender diversity. The City will review potential data sources, such as the Neighbourhood Equity Index, for the feasibility of identifying suitable indicator;

s.    [m8.2] That Section 2.2.5 be renamed “Gender and Racial Equity” and that Section 2.2.5 of the Official Plan be replaced with the text approved by the Joint Planning Committee and Agriculture and Rural Affairs Committee in Motion No PLC-ARAC 2021-5-32;

t.     [m8.2] That the Official Plan be further amended by adding the additional wording to Sections 2.1, 2.2.1 and 2.2.4 as approved by the Joint Planning Committee and Agriculture and Rural Affairs Committee in Motion No PLC-ARAC 2021-5-32;

u.    [m8.2] That staff be directed to develop a toolbox, following the adoption of the Official Plan, to integrate gender, equity and inclusion issues to use in future planning efforts by the City of Ottawa

v.    [m90.3] That Council amend the fourth paragraph [of Section 4.2] to the following:

“Affordable housing is defined by the Provincial Policy Statement as the least expensive of:

a)    housing for which a low and moderate-income household pays no more than 30 per cent of the household’s gross annual income for home ownership or rental housing, or

b)   a unit for which the rent is at or below the average market rent of a unit in the regional market area. Low to moderate income households are those with incomes in the lowest 60 per cent of the income distribution for the regional market area. In the case of ownership housing, this calculation will include households with incomes in the lowest 60 percent of the income distribution; and in the case of rental housing, this calculation will include households with incomes in the lowest 60 percent of the income distribution for renter households.”

w.   [m86.1] That Council amend 4.2.2 paragraph 4 of the New Official Plan to reflect a 20% affordability target, as follows:

"the City shall set a target that 20 per cent of all new residential units be affordable. Of all affordable units, 70 per cent are to be targeted to households whose needs fall within the definition of core affordability, and the remaining 30 per cent are to be targeted to households whose needs fall within the definition of market-affordability."

x.    [m60.1] That Council add a new sub-section ix to 4.7.2(4)(d) “The opportunity is specifically identified and can be assessed as being unique through an economic development based study approved by Council which demonstrates a high potential for net benefit to the City of Ottawa”;

y.    [m60.1] That Council revise Section 4.7.2(4)(d)(vi) with the following “A servicing study that evaluates a range of alternatives including innovative alternatives and provides a solution which is acceptable to the City of Ottawa for all phases of servicing and is approved by Council”.

z.    [m52.1] That Council approve adding to Section 9.2.3 of the New Official Plan immediately following subsection f) with the following wording:

g)  Where a lot that is outside of a historical settlement area, limited residential infill is permitted and the following conditions apply:

i) The proposed lot(s) have frontage on an open and maintained public road; and

ii) The proposed lot(s) are opposite a lot containing a dwelling where its front yard is on the same road, ; and 

iii) The proposed lot(s) are vacant lot(s) between two existing dwellings with front yards on the same side of the road, and are situated not more than 250 metres apart; and

iv) The proposed and retained lot(s), should be of a similar size to the existing surrounding lots, and shall not be less than 0.8 hectares ; and

v) The proposed lot(s) shall be adequately serviced without adversely impacting existing private services on adjacent lots; and

vi) No more than two lots will be created from any lot in existence on 13 May 2003, and no further severances will be permitted from a severed lot

aa. [m52.1] That Council renumber Section 9.2.3 accordingly.

bb.      [m67.1] That Council approve the designation of ‘collector road’ to be defined within the framework outlined in Section 4 of City-Wide policies, and that Section 13 of the new Official Plan be amended alphabetically by introducing the following new definition:

"Collector Street

Collector streets (which include major collectors and collectors) are the principal streets in urban and village neighbourhoods and are used by residents, delivery and commercial vehicles, transit and school buses, and people walking and cycling."

cc. [m35.1] That Sherbourne Avenue be removed from Schedule B2 as a Minor Corridor; and

dd.      [m35.1] That Area-Specific Policy 43.1 be deleted from Volume 2C of the Official Plan.

ee. [m65.1] That Council approve the following:

i.      That any complete application for an amendment to the Official Plan to establish a new or expanded mineral aggregate operation which has commenced under the current Official Plan be permitted to continue under the Official Plan policies that existed at the time of the complete application was received.

ii.    And that in accordance with Section 22(2.2) of the Planning Act, committee and council agree to receive for consideration Official Plan amendments in support of a licence application under the Aggregate Resources Act (before the second anniversary of the first day that this Official Plan came into effect.

ff.    [m85.3] That Council amend 5.5.1 to add policy 5) to read as follows;

“5) Given its location in the Greenbelt Transect, Moodie Station is not a candidate for Transit Oriented Development or intensification.”

gg.      [d22.1] That Council modify the New Official Plan by including added concepts of protection, preservation, and restauration of existing water resources, as follows:

i.      Amend Section 3.2 on P 46 to read:

4) Intensification is permitted in all designations where development is permitted taking into account whether the site has municipal water and sewer services. This Plan supports intensification and the approval of applications for intensification shall be in conformity with transect and overlay policies as applicable.  When reviewing planning applications for intensification, the City shall ensure that surface water and groundwater resources are protected, particularly where the groundwater resource is used for drinking water.

ii.    Amend Section 3.2 on P 51 to read:

17) To implement the density targets and requirements, the City shall consider the application of a number of alternative measures to provide water, wastewater and stormwater capacity, including risk management and/or infrastructure system upgrades in conjunction with its Asset Management Strategy and other City programs where opportunities for intensification are limited because of the cumulative impact of intensification projects on infrastructure system capacity.  In implementing density targets, the City shall ensure that surface water and groundwater resources are protected.

iii.   Amend Section 4.9.1 on page 115 to add the following policy:

5) Where no watershed or subwatershed plans exist, the City shall  otherwise ensure that the quality and quantity of surface water and groundwater features are protected or improved in accordance with  site-specific studies and the City’s groundwater management programs.

hh.      [m94.1] That Council approve adding a new policy to Section 9 of the Manotick Secondary Plan in Volume 2B of the New Official Plan, immediately following subsection 1) with the following wording: 

“2) On the lands known municipally as 5497, 5495 and 5491 Manotick Main Road,  residential only uses and front yard parking may be permitted.”

ii.    [m89.2] That Council direct that the McCarthy Woods remain zoned as EP so as to be protected from future development;

jj.    [m89.2] That Policy 7.1(7) be amended to add a new sub-policy (c) to add the following text:

“The Central Experimental Farm, west of the new Civic Hospital site, remains for scientific, educational and cultural purposes only and is not intended for non-Central Experimental Farm development.”

kk. [m37.1] That Council update item 8, in section 4.1.1 Provide mobility options to safely and equitably navigate the City, of the draft revised Official Plan, as follows:

8) The City shall seek to create networks of complete and healthy streets as opportunities arise through the construction or reconstruction of transportation facilities, such as roadways, bridges and transit stations as part of other capital projects and through the approval of development.

ll.    [m37.1] That staff assess how the 10 Indicators of the Healthy Streets Approach can be incorporated into the update of the Transportation Master Plan.

mm.   [m92.1] That Council approve an amendment to section 4.4.1.2)(b)i) of the Official Plan to read:

“i) Be a minimum of 400 square metres, or as described in the upcoming Land First Policy and updated Park Development Manual as directed by the Parks and Recreation Facilities Master Plan.”

nn.      [m98.1] That Council add sub-section 6) to Section 4.11 of the draft Official Plan, and renumber subsequent the policies accordingly as follows:

“6)  Large-scale provincially regulated wind turbines are not permitted on lands designated Agricultural Resource Area.  This policy does not apply to small-scale wind generation associated with a permitted principal use.

5.         Adopt the following annexes as supporting information to the new Official Plan, as presented in Document 10, as amended by the above-noted Committee motions, where applicable:

Annex 1         Metropolitan Downtown Core

Annex 2         Development Zone of Influence

Annex 3         Heritage Conservation Districts

Annex 4         Local Plan Framework

Annex 5         Urban and Rural Areas Subject to Area-Specific Policies

Annex 6         Urban Areas Subject to a Secondary Plan

Annex 7         Rural Areas Subject to a Secondary Plan

Annex 8A      Watersheds and Subwatersheds

 

Annex 8B      Subwatershed Studies and Environmental Plans

Annex 9         Private Service Enclaves in the Urban Area

Annex 10      Tewin Community Design Planning Process and Studies

Annex 11      Official Plan amendments (currently blank)

Annex 12      Principles for the Tewin Financial Memorandum of Understanding

6.         Receive Document 11: Work Plan Items Arising from the New Official Plan;

7.         Approve that the Annexes to the existing Official Plan that do not legally form part of the existing Official Plan be repealed on the date that the Minister approves the new Official Plan;

8.         Provide direction for staff to prepare an implementing workplan and associated timelines and resources for new or updated secondary plans, high performance development standards, guidelines and by-laws, to be included in Departmental work plans, for consideration by Planning Committee within 6 months of Ministerial approval of the new Official Plan as amended by the above-noted Committee motions, where applicable;

9.         Approve the Principles for the Tewin Financial Memorandum of Understanding, attached as Annex 12 to the new Official Plan, detailing the financial components of the Tewin expansion lands, and delegate authority to the General Manager of the Planning, Infrastructure and Economic Development Department to finalize and execute a Memorandum of Understanding based on these principles, to the satisfaction of the City Solicitor and Chief Financial Officer;

10.      Direct staff, if necessary, to request the Minister of Municipal Affairs and Housing, in respect of results of any Ontario Lands Tribunal hearing respecting the Official Plan, following Council approval of the plan, to request modification of the adopted Official Plan, so that the applicable policy is consistent with the ruling of the Tribunal; and

11.      Direct staff to request the Minister of Municipal Affairs and Housing, in respect of any Official Plan Amendments to the current plan that are adopted by Council and have cleared appeals prior to Ministerial approval, to modify the Official Plan to incorporate such amendments;

12.      [m1.1] Adopt Document 7: Draft Adoption By-law for Official Plan;

13.      Approve the following additional motions approved by the Joint Planning Committee and Agriculture and Rural Affairs Committee:

a.    [m3.2] That, further to the ByWard Market being defined as a Special District, Staff add to their workplan, after ministerial approval of the New Official Plan, the incorporation of this defined district in a comprehensive Secondary Plan for the ByWard Market that includes all the priorities of section 2.2.1 Policy 3, as well as:

i.      alignment with the joint review of the ByWard Market and Lowertown West Heritage Conservation Districts, which will review the consideration of heritage impacts of future development adjacent to the ByWard Market HCD, with the intent to better reflect and respect the market feel and elements; and

ii.    incorporating the Byward Market Public Realm Plan into the Secondary Plan; and

b.    [m3.2] That Council direct staff to work with federal and provincial partners on developing a three-government-level funding plan to ensure that significant components of the Byward Market Public Realm Plan are implemented ahead of the ByWard Market’s 200 Anniversary date in 2027.

c.    [m5.2] That Council direct Staff to, in addition to examining the boundary of the Sandy Hill Cultural Heritage Character Area engage and consult the University of Ottawa on the possibility of incorporating the relevant policies, directions and objectives of the University of Ottawa Campus Master Plan in the Central and East Downtown Core Secondary Plan.

d.    [m7.2] That Council direct staff, as a future work plan item post ministerial Official Plan approval, to expand the boundaries of the Montreal Road Secondary Plan to include all of Vanier for a new Vanier Secondary plan which will:

i.      Carry forward the directions of the existing Montreal Road Secondary Plan, as is; and

ii.    Define Vanier’s character; and

iii.   Define built form transitions, building heights, urban design and architectural expression, and appropriate areas for development including main streets not currently covered by the existing Secondary Plan, arterials and areas for Transit Oriented Development, etc.; and

iv.   Protect, define, and find greenspace in Vanier for community space, parks and plazas as the area continues to grow and change to ensure livability; and

v.    Review Vanier’s current flood plain and geographic area.

e.    [m42.3] That Council direct staff to develop new policies to be introduced through a future amendment to the new Official Plan that would allow for consideration of relocations of unbuilt country lot subdivision from remote, isolated locations to lands that do not abut Villages but would achieve a better clustering of development; and that these new policies be presented to Committee and Council for consideration by Q3 2023;

f.     [m42.3] That Council direct staff to consider whether Policy 3.4.8 a) could also be applied to land for which an application for subdivision approval was submitted as the current policy only applies to lands that had received draft approval, final approval or registration prior to December 31, 2009.

g.    [m15.1] That Council, with the goal of maximizing ridership and trends for ridership of the new Trillium Line South extension, direct Staff to consider prioritization of a Secondary Plan for the new expansion lands at Bowesville to support this investment in transit and report back on timing as part of a future Departmental Workplan report.

h.    [m53.1] That following the adoption of the City’s Official Plan, Council direct staff to prepare terms of reference, including timelines and resources needed, to complete a thorough study exploring the opportunity to include the Waller triangle either in a Special District (whether it be ByWard Market, Parliament and Confederation Boulevard or Rideau Canal) or as a new section in the Central and Eats Downtown Core Secondary Plan; and

i.      [m53.1] That as part of the Terms of Reference of this study, that staff also identify other City policies and programs that enhance the public realm that can apply to this area.

j.      [m12.1] Council direct Staff to prepare Terms of Reference, identify staff resources and potential funding mechanisms, for Council’s consideration to prepare a strategic economic development study about the future potential of the rural lands in proximity to Bowesville O-Train Station, the Earl Armstrong Extension, and the Rideau Carleton Raceway and Casino to identify the job creation potential, and the policies and infrastructure required to realize the economic potential (e.g., potential types of business and potential jobs that could be created), and that the General Manager of Planning Infrastructure and Economic Development advise Planning Committee of the proposed Terms of Reference and anticipated study timing after the Minister of Municipal Affairs has granted approval of the Official Plan.

k.    [m16.1] That Council direct Staff to review the e-commerce/ transhipment industry in the upcoming rewrite of the Zoning By-law, including a review of related land uses as well as the scale and impact of those uses, to provide greater clarity in this area.

l.      [m17.1] That Council direct Staff to include in the revision of the Greenspace and Urban Forest Master Plan, details on how the targets for the urban tree canopy and urban greenspace in Policy 4.8.2(2) and Policy 4.8.3(2) will be achieved, including: 

i.      Sub-targets for the urban tree canopy;

ii.    The identification of residential areas that do not meet the urban tree canopy and greenspace targets;

iii.   Strategies and actions to achieve the targets;

iv.   A monitoring and reporting plan.

m.  [m22.1] That Council request the Mayor to write to the Minister of Education and the Minister of Municipal Affairs and Housing to request a review of maximum school site sizes in large urban municipalities to be consistent with the Provincial Policy Statement, reduce property acquisition costs for the Province and encourage land-efficient practices such as multi-storey schools and shared facility agreements between school boards and municipalities to reduce land requirements for new schools.

n.    [m25.1] That Council direct Planning Infrastructure and Economic Development and Finance Services Departments to prepare an information report to Planning Committee and Council to review existing capital financing options concerning growth-related infrastructure implemented by various Ontario municipalities to address this growth management issue, and that the report be submitted before Q2 2023 to inform the next Development Charges Background Study and By-law.

o.    [m33.1] That, when considering a reduction in front yard setbacks commensurate with Table 6, staff responsible for development of the new Zoning By-law be directed to take into consideration the quality of the adjacent public realm including availability of soil volume and opportunity for street trees, availability of walkable infrastructure including sidewalks, and work in coordination with other City departments with respect to modifications to the public realm to support livable neighbourhoods and maintain opportunity for tree planting on private property where the public realm cannot so accommodate; and

p.    [m33.1] That prior to such modifications to the right-of-way, staff have regard for quality of the public realm and promotion of a livable and walkable street network consistent with Official Plan policy when considering an application for site-specific amendment or variance to front yard setbacks.

q.    [m36.1] That Council refer this motion [Motion No PLC-ARAC 2021-5-25] to the Standing Committee on Environmental Protection, Water and Waste Management, for their consideration to direct staff to study and develop additional mitigation measures which offer incentives for new and existing buildings;

r.     [m36.1] That the mitigation measures incentives study be:

i.      aligned with the Community Improvement Plan review, expected to be considered by Council in 2023, and

ii.    aligned with the High Performance Development Standard to help alleviate costs which occur while achieving net zero, climate change-focused buildings.

s.    [m44.2] That Council request that the Mayor, on behalf of Council, write the Chair and the CEO of the National Capital Commission requesting them to amend their Capital Urban Lands Master Plan to not permit any development on lands located between Holland Avenue, Fisher Avenue and Carling Avenue to protect these valued forest features.

t.     [m61.1] That Council direct Staff to post the flood plain mapping updates (including climate change flood vulnerable areas) on the City’s website by Q1 2022 and post any further mapping updates as they are made available from the Conservation Authorities.

u.    [m81.1] That staff develop a “digital twin” geospatial model to support city building initiatives, including the forthcoming new Zoning By-law, and work towards implementing greater visual and numerical modelling techniques in the assessment of proposed land development projects, subject to future workplans.

v.    [m82.1] Council direct staff, following the adoption of the Official Plan, to review and enhance community engagement practices and procedures, and that this work be added as an item for future PIED departmental workplan.

w.   [m88.1] That Council direct Staff to prepare Terms of Reference, identify staff resources and potential funding mechanisms, for Council’s consideration to prepare a strategic economic development study on the future potential of lands within the suburban southeast transect to identify the potential for job creation that will help economically diversify Leitrim, any implementation actions outside of the Official Plan by the City and current landowners, the identification of required infrastructure and funding mechanisms that includes alternatives to being financed by the City, and that the General Manager of Planning Infrastructure and Economic Development advise Planning Committee of the proposed Terms of Reference and anticipated study timing after the Minister of Municipal Affairs has granted approval of the Official Plan.

x.    [m93.1] That Council request the Mayor, on behalf of Council, to write the Provincial Minister of Agriculture, Food and Rural Affairs to request that she meet with a delegation of the City’s Agricultural and Rural Affairs Committee to discuss steps the Province could take to study how flexibility might be introduced in Ontario, or how more customized approaches could be applied at the municipal level.

y.    [m43.1] That Council direct the Transportation Master Plan to maintain Fisher Avenue (Baseline Road to Carling Avenue) at the current 34m right-of-way except where protected intersections are required for the safety of pedestrians and cyclists.

z.    [m68.2] That Council direct Planning Staff to include, as part of a future Departmental Workplan, a new Secondary Plan planning process with a view to establishing policies and directions for the areas that link Manor Park and the Downtown Core, considering the 15,000 new residential units comprising Wateridge Village, with a focus on the area involving the following thoroughfares and the communities associated with them:

i.      St. Laurent Boulevard. North (from Hemlock to Blasdell)

ii.    Hemlock Road/Beechwood Avenue

aa. [m6.2] That Council direct the TMP Update to review the function of the Vanier Parkway on the transportation network as a whole, and consider if a redesignation to the Urban Mainstreet is appropriate, given its location and context within the Inner Urban Transect; and 

bb.      [m6.2] That should the review result in a TMP recommendation for redesignation of the Vanier Parkway to an Urban Mainstreet, and should this recommendation be approved by Council, that an Official Plan Amendment be initiated accordingly.

cc. [m55.2] That Council direct Staff to develop, as a future departmental workplan item after adoption of the new Official Plan, and in coordination with the Parks and Recreational Facilities Master Plan, a Public Lands Strategy, which will establish a municipal objectives framework for public land owners are clear on the City of Ottawa’s public land redevelopment/development objectives when lands are no longer needed for the public purpose they were originally used for; and

dd.      [m55.2] That this framework be a guiding principle for the City’s objectives on planning for redevelopment, targeted community benefits and potential acquisitions of all surplus public lands within Ottawa, including:

i.      all federal properties opportunity in the Capital;

ii.    unused transportation corridors held by the Province;

iii.   surplus lands from school boards and the City lands including those near LRT; and

ee. [m55.2] That this framework be guided by the objectives of the Official Plan including goals of a 15-minute neighbourhoods; and

ff.    [m55.2] That these objectives include the consideration of community spaces and uses, range of housing types including rental and affordable options, green buildings standards; and

gg.      [m55.2] That the City further ask for first right of refusal on schools that have been closed and are on circulation for reuse or sale to increase recreation, sport, leisure and art, and other community uses such as social enterprise spaces where financial resources are available.

hh.      [m95.1] That the Committee of Adjustment be notified that any proposal in these areas that would involve a significant increase in the lot coverage must be accompanied by an engineering study demonstrating that pre and post development drainage flows are the same or less until such time as a new Drainage By-law is in place, and that positive drainage is maintained or enhanced in the fronting ditch system.

ii.    [m96.1] That Council direct staff to prioritize the Baseline Corridor Secondary Plan as a future workplan item after ministerial approval of the New Official Plan.

14.      Consider the following motions referred from the Joint Committee:

a.      S. Menard Motion PLC-ARAC 2021-5-57 [m78.1]  re: vacant greenfield lands inside the pre- 2021 urban boundary.

b.      T. Tierney Motion PLC-ARAC 2021-5-61 [m87.1] re: Thunder Road Rural Industrial and Logistics

 

MOTION NO 62/2

Moved by Councillor R. Brockington

Seconder Councillor R. King

 

WHEREAS the report for the New Official Plan (ACS2021-PIE-EDP-0036) presents the details of the new Official Plan Volume 1 and Volume 2 (Secondary Plans and Area-Specific Policies), as well as supporting documents and annexes, with the objective to guide planning for the city’s growth and redevelopment over the next 25 years; and 

 

WHEREAS on January 25, 2021, at a joint meeting of the Planning Committee and Agriculture and Rural Affairs Committee, the committees reviewed a staff recommendation to identify and add an additional 270 ha to the urban boundary; and  

 

WHEREAS Council decided to remove the 173.35 ha South March lands and combine with the 270 ha land still to be identified to form 445.35 ha of lands known as the Tewin lands, against City staff recommendations; and  

 

WHEREAS the City’s planning staff did not identify the Tewin lands as those that should be included in the first tranche of lands to be included in the necessary 1,011 ha to be added to the urban boundary, and have identified concerns about the developability of the lands as well as servicing and transit challenges; and, 

 

WHEREAS the City of Ottawa has declared a climate emergency and there was limited investigation into the climate impacts of approving a development project far from existing urban areas; and  

 

WHEREAS there was limited assessment of the costs to the city relating to the capital, operational and lifecycle costs of new infrastructure that will be required to service the proposed development area; and   

 

WHEREAS Council approved a set of criteria to guide the addition of lands to the new urban boundary and which sought to ensure that new lands would meet the goals of the Official Plan, the Provincial Policy Statement, and the Five Big Moves; and 

  

WHEREAS the comments from the Ministry of Municipal Affairs and Housing released this summer questioned the suitability of the Tewin lands when evaluated against the policies expressed in the PPS 2020 in respect to coordinating land use planning and infrastructure decisions, as well as ensuring that development occurs in a manner that protects public health and safety, as well as the environment; and 

 

WHEREAS staff have confirmed that the timeline to ensure this change would allow for the Official Plan to be completed this term with the required analysis of Category 1 and 2 lands to redistribute the 445 hectares of expansion land that currently forms the Tewin expansion lands; 

 

THEREFORE BE IT RESOLVED that Council:

a)    Delete the Tewin Lands from Schedule C17 as Urban Expansion Lands; and

b)   Restore as Urban Expansion Lands on Schedule C17 the South March land cluster (175.35 net hectares) identified in Document 2 to Joint Planning and Agricultural and Rural Affairs Committee Report 4, Item 1; and

c)    Direct staff to identify an additional 270 hectares to be added to the urban boundary for future neighbourhoods under the approved Growth Management Strategy, and to report back to Council with informed recommendations, no later than Q4 2026, by using the following option:

i)     Distributed option: An analysis of Category 2 lands identified in Appendix B and described in Document 2, both to the above Report 4, Item 1 of Report  ACS2021-PIE-EDP-0001, which represent parcels distributed around and contiguous to the existing urban boundary and/or to lands recommended for inclusion under Recommendation 4 in the above Report 4, Item 1 of Report ACS2021-PIE-EDP-0001, and prepare necessary gating policies for mobility and infrastructure upgrades that are required before development can take place

d)   Delete Annexes 10 and 12; and

e)    Delete Recommendation 9; and

f)     Delete Direction 24.1.

 

LOST on a division of 8 YEAS and 15 NAYS, as follows:

 

YEAS (8):

Councillors T. Kavanagh, J. Leiper, C. McKenney, D. Deans,
R. Brockington, R. King, S. Menard, M. Fleury,

NAYS (15):

Councillors J. Cloutier, S. Moffatt, G. Gower, R. Chiarelli, J. Harder, L. Dudas, G. Darouze, E. El-Chantiry, C. Kitts, T. Tierney, K. Egli, C.A. Meehan, M. Luloff, A. Hubley, Mayor J. Watson

 

MOTION NO 62/3

Moved Councillor S. Menard
Seconder Councillor C. Kitts

WHEREAS prior urban expansions have added lands to the urban area of Ottawa; and

WHEREAS the Vacant Urban Residential Land Survey provides a statement of the amount of urban residential that remains vacant annually;

WHEREAS the Growth Management Strategy for this Official Plan has determined that this vacant land represents sufficient space to accommodate 66,300 dwelling units of various types; 

WHEREAS apartment units represent a minimum of 10% of this number;

WHEREAS these lands are located in the Suburban transect; 

WHEREAS Policy 5.4.4.1 calls for greenfield development in the Suburban Transect to contribute to the evolution towards 15-minute neighbourhoods to the extent possible;

WHEREAS Policy 5.4.4.2 calls for net residential densities within secondary plan areas of a minimum of 36 units per net hectare and permit density increases through intensification and accessory dwelling units;

WHEREAS there are existing vacant urban designated lands outside of secondary plan areas that have not received draft approval or have complete applications in process at this time;

WHEREAS the density target for intensification in the suburban transect is 40 to 60 units per net hectare; 

WHEREAS it is more efficient and economical to build to the desired built form initially than to subsequently retrofit to the desired built form after the fact;   

THEREFORE BE IT RESOLVED that the following be added as Policy 3 to Section 5.4.4.:

“3) On lands with all of the following characteristics prior to the date of adoption of this Plan, residential development shall strive to achieve a density target of 40 units per net hectare, unless there are technical infrastructure impediments as determined by the City to achieve this target:

                      i.        Within the urban area

                    ii.        Outside of approved Secondary Plans or Community Design Plans

                   iii.        Have not received draft approval for plan(s) of subdivision

                   iv.        Have not received site plan approval

                    v.        Do not have a submission of a complete Planning Act application for a net increase in existing residential dwellings”

 

CARRIED with Councillor R. Chiarelli dissenting.

 


 

MOTION NO 62/4

Moved by Councillor S. Menard
Seconder Councillor S. Moffatt

WHEREAS there may be site-specific circumstances that should be examined through the application process to consider the permission for small-scale non-residential uses within Neighbourhoods; and

WHEREAS Policy 6.3.3(3) of the Official Plan addresses situations where such uses are not permitted as-of-right; and

WHEREAS it is more appropriate for the Official Plan to avoid anticipating the City’s position for each such application;

THEREFORE IT BE RESOLVED that Council amend policy 6.3.3(3), as amended, as contained on page 173, by deleting the words “shall support” and substituting with words “will consider permitting”.

                                                                                                            CARRIED

 

MOTION NO 62/5

Moved by Councillor R. King

Seconder Councillor M. Fleury

 

WHEREAS at the Joint Meeting of Planning Committee and the Agriculture & Rural Affairs Committee held on October 14, 15, and 18, 2021, the Committees approved the forwarding to City Council for its consideration Document 9 from that meeting, being the New Official Plan Volume 2 (Secondary Plans and Area-Specific Policies); and

WHEREAS Volume 2A (Urban Secondary Plans) includes the final draft version of a revised Rockcliffe Park Secondary Plan (RP SP) proposed to be adopted by Council in tandem with Council’s adoption of the New Official Plan; and

WHEREAS members of the Rockcliffe Park community believe that the RP SP would benefit from additional minor edits to bring clarity to the policy language of the RP SP that is consistent with the intent of the Staff revisions to the RP SP while at the same time remaining complementary to the desirable policy aspects of the existing Rockcliffe Park Heritage Conservation District Plan;

THEREFORE BE IT RESOLVED that Council approve the following minor changes to the RP SP included in Volume 2A of the New Official Plan, as follows:

  1. In Section 2.1 of the RP SP, A Stable Population, delete the final phrase “and coach houses”
  2. In Section 2.2 of the RP SP, Conserving the Character of Rockcliffe Park, add policies 9), 10) and 11) as follows:

“9) Adjacent lands include lands adjoining a property in Rockcliffe Park and lands that are separated from it by land used as a private or public road, lane, trail, right of way, walkway, green space, or park.

10)  Established lot patterns on streets in Rockcliffe Park shall be maintained regardless of any common ownership of contiguous land.
11)  Detached garages shall not be considered accessory buildings for purposes of setbacks and other regulations.”

  1. In Section 3 of the RP SP, Goals and Objectives of the Secondary Plan, in section 3.1, Maintaining Compatible Form, Density and Character in Rockcliffe Park, edit the second (middle) sentence/paragraph in the following manner:
    • Delete the opening words, “Development of”
    • Add to the end the words, “as shown in Schedule A – Designations” so that the second (middle) sentence/paragraph of section 3.1 reads as follows:

“Multi-unit development is permitted in specific areas located east of the Pond and in an area adjacent to Beechwood Avenue as shown in Schedule A – Designations.”

  1. In Section 3 of the RP SP, Goals and Objectives of the Secondary Plan, in section 3.1, Maintaining Compatible Form, Density and Character in Rockcliffe Park, edit the third (last) sentence/paragraph in the following manner:
    • Add “and uses” after “industrial developments”
    • Delete “the” before “Rockcliffe Park”
    • Add “including short-term rentals of less than 30 days and bed and breakfasts” after “Rockcliffe Park” so that the third (last) sentence/paragraph of section 3.1 reads as follows:

“No commercial or industrial developments and uses are, or will be, permitted within Rockcliffe Park, including short-term rentals of less than 30 days and bed and breakfasts.”

  1. In Section 4.1, Residential Areas and Density, Policy 4) of the RP SP, delete “coach houses”

 

  1. In Section 4.3 of the RP SP, Conservation Areas, edit Policy 15) in the following manner:
    • Insert “MacKay Lake and the Pond as” after “protecting and conserving”
    • Delete “and recreational” after “natural”
    • Add “and conservation areas” before “within Rockcliffe Park” so that Policy 15) reads as follows:

“The City is committed to protecting and conserving MacKay Lake and the Pond as significant natural amenities and conservation areas within Rockcliffe Park.”

LOST on a division of 2 YEAS and 20 NAYS, as follows:

 

YEAS (2):

Councillors R. King, M. Fleury

NAYS (20):

Councillors J. Cloutier, S. Moffatt, G. Gower, T. Kavanagh, J. Leiper, J. Harder, L. Dudas, C. McKenney, G. Darouze, E. El-Chantiry,
C. Kitts, T. Tierney, K. Egli, C.A. Meehan, D. Deans,
R. Brockington, M. Luloff, A. Hubley, S. Menard, Mayor J. Watson

 

 

MOTION NO 62/6

Moved by Councillor E. El-Chantiry
Seconder Councillor S. Moffatt

WHEREAS potential future residential development in the Carp Airport Area should not prevent or negatively impact future development potential within the Village of Carp; and

WHEREAS a Local Plan or an amendment to this Area-Specific Policy would adequately safeguard the servicing intended for future development in the Village of Carp; and

WHEREAS existing development rights should be protected and carried forward;

THEREFORE BE IT RESOLVED that Council replace the Area Specific Policies, Volume 2C, Policy 8.6 Carp Airport with the following:  

On lands designated as Carp Airport Area, the following policies apply:  

a)    Permitted uses include airport and related facilities; light industrial uses; convenience commercial uses, restaurants, hotel, instructional facilities, institutional uses, professional offices and a dwelling unit limited to occupancy by a caretaker, security guard, or person providing similar on-site service;

b)   Except for a dwelling unit per (a) above, an airport accessory residential community as defined in Carp Airport Municipal Facility and Development Agreement instrument OC2380639, revised June 9, 2021 and as may be amended from time to time is permitted where the lands are zoned for this use at the time of adoption of this Official Plan; and 

c)    On the remainder of the lands described as Part 1 4R-20588, residential uses as part of an airport accessory residential community may be considered subject to the following:

i)             adequate servicing is available for the development proposed and may not adversely impact servicing of nearby lands including the Village of Carp, 

ii)            that further residential development does not hinder the intensification or expansion of the Village of Carp, 

iii)           that the proposed residential development does not conflict with the function or operations of the Carp Road Corridor including the ability for industrial and commercial uses to expand,

iv)                that the proposed residential development does not hinder or conflict with ongoing and long-term operation of the Carp Airport; and   

v)            A Local Plan or an amendment to this Area-Specific Policy will be required to provide detailed policies which will guide any future residential development of the subject lands. 

d)   On lands municipally known as 200 Russ Bradley Road and legally known as Blocks 10 and 12 on 4M-1511, a cannabis production facility is permitted. 

                                                                                                            CARRIED

 

MOTION NO 62/7

Moved by Councillor C. Kitts

Seconder Councillor E. El-Chantiry

 

WHEREAS sensitive marine clay (otherwise known as Leda clay, quick clay, or Champlain Sea clay) are characterized as highly sensitive deposits of silt and clay, which are susceptible to retrogressive slope failures, erosion or subsidence; and

WHEREAS sensitive marine clays exhibit significantly reduced strength compared to other soils once disturbed through mechanisms such as loading, excavation, seismicity, erosion or changes in groundwater levels; and

WHEREAS development on marine clays may also interfere with local hydrogeologic regimes resulting in poor foundation drainage (reliance and potential interference with sump pumps) and potential structural problems; and

WHEREAS sensitive marine clays, due to its unique geological history, are found widely throughout the City of Ottawa including most urban expansion areas; and

WHEREAS damage has occurred to foundations and structures in some existing development areas of the City as a result of differential settlement in sensitive marine clays; and

WHEREAS Ottawa is in a unique geological area due to the presence of deposits from the post-glacial Champlain Sea, which poses particular challenges when developing on sensitive marine clays; and

WHEREAS the City’s existing geotechnical reporting guidelines do not sufficiently address the challenges of characterizing and engineering development on sensitive marine clays;

THEREFORE BE IT RESOLVED that Council direct Staff to review, update and/or make recommendations for guidelines, policies standards and processes for the investigation, design, construction, and approvals of development (including infill and intensification) on sensitive marine Clays, and that this work be added as a future departmental workplan item to take place after ministerial approval of the Official Plan.

                                                                                                            CARRIED

 

MOTION NO 62/8

Moved by Councillor R. Brockington

Seconder Councillor T. Kavanagh

 

WHEREAS the draft Official Plan policies accommodate future growth of the City of Ottawa through both residential intensification and urban expansion;

WHEREAS the physical transformations resulting from intensification vary from neighbourhood to neighbourhood;

WHEREAS the application of OP policies to accommodate intensification by protecting tree canopy, access to greenspace, etc., is on a city-wide basis;

THEREFORE BE IT RESOLVED that City Council direct staff to develop, as part of the Official Plan monitoring process, metrics to measure intensification, tree canopy, access to greenspace, at a sub-Transect level, both including and excluding the greenbelt where applicable.

                                                                                                            CARRIED

 

MOTION NO 62/9

Moved by Councillor S. Menard
Seconder Councillor M. Fleury

WHEREAS Capital Ward has three universities either partially or fully located within its boundaries; and

WHEREAS this density of Post-Secondary institutions has driven the supply of low rise development oriented to university housing in the ward, especially in the area surrounding Carleton University; and

WHEREAS a specific site plan control process could proactively address aspects of parking, noise, privacy concerns, waste and recycling for the areas around all Post-Secondary institutions; and

WHEREAS such a process could proactively save the City a significant amount of time and resources that have been expended to otherwise manage longstanding concerns on site and can be better mitigated through the site plan control process;

THEREFORE BE IT RESOLVED that Council direct Staff to add as a departmental work item to explore the feasibility of developing a Low-Rise Apartment Specific Site Plan process for the area surrounding Post-Secondary institutions, to address some of the neighbouring resident’s developmental concerns.

                                                                                                            CARRIED

MOTION NO 62/10

Moved by Councillor J. Harder
Seconder Councillor L. Dudas

WHEREAS the world of industry and business is rapidly evolving with changes in technology and business models; and

WHEREAS the success of growth in the future of Ottawa depends on attracting leading businesses to create jobs to support the growing population, and per Policy 1.1.2 of the Provincial Policy Statement allows municipalities to protect employment lands regardless of the planning horizon; and

WHEREAS Policy 1.3.2.6 of the Provincial Policy Statement requires municipalities to protect employment areas in proximity to major goods movement facilities and corridors for employment uses that require these locations; and

WHEREAS transportation access remains a critical need of many businesses choosing their new locations;

THEREFORE BE IT RESOLVED THAT Council direct Staff, as part of the five year review of population growth and land need, to also look at the absorption of serviced industrial and logistics lands at all highway interchanges and, should this inventory decline significantly, make recommendations to Council regarding the designation of additional industrial and logistics lands at highway interchanges, including the consideration of servicing options at these locations.

                                                                                                            CARRIED

DIRECTION TO STAFF

Considering recent housing starts data from the Canada Mortgage and Housing Corporation shows that only one in six units built over the past five years was a rental, at a rate of only 17 per cent of all housing starts from CMCH data made available for rental, and in order to better achieve and exceed the new affordable housing goals set in the new Official Plan, that Council direct staff in Planning, Real Estate and Economic Development and Community and Social Services to work on options for incentives to achieve a greater rate of rental units in the city working towards a target of 25%.

 

 

MOTION NO 62/11

Moved by Councillor S. Moffatt
Seconded by Councillor E. El-Chantiry

WHEREAS the report for the New Official Plan (ACS2021-PIE-EDP-0036) presents the details of the new Official Plan Volume 1 and Volume 2 (Secondary Plans and Area-Specific Policies), as well as supporting documents and annexes, with the objective to guide planning for the city’s growth and redevelopment over the next 25 years; and

WHEREAS omissions and corrections for the New Official Plan Report have been identified since it was published on September 22, 2021, and revised at Joint Committee on October 18, 2021;

THEREFORE BE IT RESOLVED that the Council approve the new Official Plan modifications listed in Document 13[1].

                                                                                                            CARRIED

 

 

MOTION NO 62/12

Moved by Councillor S. Moffatt
Seconded by Councillor E. El-Chantiry

WHEREAS the report for the New Official Plan (ACS2021-PIE-EDP-0036) was considered by the Joint Meeting of the Planning Committee and the Agriculture and Rural Affairs Committee on October 14, 15 and 18, 2021, and presented to Council for consideration on October 27, 2021;

WHEREAS the New Official Plan, as amended by Joint Committee and Council, meets all the Planning Act requirements;

THEREFORE BE IT RESOLVED that the Council approve that the Official Plan, as amended:

(a)  has regard to the matters of provincial interest listed in the Planning Act, section 2; and

(b)  is consistent with policy statements issued under the Planning Act, subsection 3 (1).

 

CARRIED with Councillor J. Leiper dissenting.

The report, as amended, was divided for voting purposes as set out below.

The Committee Recommendations, as amended by Motion Nos. 62/3,62/4, 62/6, 62/7, 62/8, 62/9, 62/10, 62/11 and 62/12, were then put to Council and CARRIED on a division of 21 YEAS and 2 NAYS, as follows:

 

YEAS (21):

Councillors J. Cloutier, S. Moffatt, G. Gower, T. Kavanagh, J. Harder, L. Dudas, C. McKenney, G. Darouze, E. El-Chantiry, C. Kitts,
T. Tierney, K. Egli, C.A. Meehan, D. Deans, R. Brockington, M. Luloff, R. King, A. Hubley, S. Menard, M. Fleury, Mayor J. Watson

NAYS (2):

Councillors J. Leiper, R. Chiarelli

 

 


Schedule C-17 (Urban Expansion Areas) was put to Council separately and CARRIED on a division of 15 YEAS and 8 NAYS, as follows:

 

YEAS (15):

Councillors J. Cloutier, S. Moffatt, G. Gower, J. Harder, L. Dudas,
G. Darouze, E. El-Chantiry, C. Kitts, T. Tierney, K. Egli, C.A. Meehan, R. Brockington, M. Luloff, A. Hubley, Mayor J. Watson

NAYS (8):

Councillors T. Kavanagh, J. Leiper, R. Chiarelli, C. McKenney,
D. Deans, R. King, S. Menard, M. Fleury

 

 

COMMUNITY AND PROTECTIVE SERVICES COMMITTEE REPORT 22

 

5.

9-1-1 ANNUAL REPORT 2019 AND 2020

 

COMMITTEE RECOMMENDATIONS

That Council receive this report for information.

                                                                                                            RECEIVED

 

6.

SECURITY AND EMERGENCY MANAGEMENT 2019 AND 2020 ANNUAL REPORT

 

COMMITTEE RECOMMENDATION

That Council receive this report for information.

                                                                                                            RECEIVED

 


 

7.

COMMUNITY SAFETY AND WELL-BEING PLAN

 

COMMITTEE RECOMMENDATIONS 

That Council:

1.         Approve the draft Community Safety and Well-Being Plan as outlined in this report and attached as Document 1; and

2.         Direct the General Manager of Community and Social Services to develop a governance structure, an evaluation and performance measurement framework, and a financial strategy for the administration, implementation, evaluation, and funding of the Community Safety and Well-Being Plan as set out further in this report, and to report back to the appropriate Standing Committee of Council as soon as feasible.

 

CARRIED as amended by Motion 62/13 amending the portion of the report (under the Mental Well-Being section) regarding the Guiding Council’s short-term outcomes identified in the report:

 

MOTION NO 62/13

 

Moved by Councillor M. Luloff

Seconded by Councillor D. Deans

 

That City Council approve the following:

The Guiding Council has set the following as its short-term outcomes:

·                  Increase the range of responses to mental health and addiction crises including community, service providers, and public service responses resulting in a decrease in the response of police

·                  Provide clarity to the roles and responsibilities of Ottawa police within the new models of response to crisis intervention in the community

·                  Working with Ottawa communities, identify training, education and skills required by the Ottawa Police Service to better respond to mental health and addiction crises, in a respectful and safe manner and when the crisis is linked to criminal activity as required

                                                                                                            CARRIED

 

 

8.

OTTAWA FIRE SERVICES 2020 ANNUAL REPORT

 

COMMITTEE RECOMMENDATION

That Council receive this report for information.

                                                                                                            RECEIVED

 

9.

SOCIAL ASSISTANCE MODERNIZATION, TRANSFORMATION, AND INTEGRATION UPDATE

 

COMMITTEE RECOMMENDATION

That Council receive this report for information.

 

MOTION NO 62/14

Moved by Councillor M. Luloff

Seconded by Councillor K. Egli

 

WHEREAS the report entitled “Social Assistance Modernization, Transformation and Integration Update” (ACS2021-CSS-GEN-0014) was received by the Community and Protective Services Committee on October 21, 2021 and will be received by Council October 27, 2021; and

WHEREAS following the Community and Protective Services Committee meeting, staff identified an error in the Discussion Section of the report (Section 3 - Employment Services Transformation, Page 14 of the original English and Page 16 of the original French version of the staff report)  concerning the 2021 Ontario Works Financial Assistance budget amount documented as $137 million; and

WHEREAS the correct 2021 Ontario Work Financial Assistance budget amount is $182 million;  

THEREFORE Be It Resolved that Council approve a technical amendment to the report  to reflect the correct 2021 budget amount of $182 million for Ontario Work Financial Assistance

                                                                                                            CARRIED

The Committee recommendations, as amended by Motion 62/14 were put to Council and CARRIED.

 

10.

LONG-TERM CARE SERVICES STRATEGIC PLAN

 

COMMITTEE RECOMMENDATIONS

That Council:

1.         Approve Long-Term Care’s five-year strategic direction, which includes renewed mission, vision, values and strategic priorities, as described in this report; and

2.         Direct the Director of Long-Term Care to include $100,000 in the 2022 Long-Term Care budget for the development of a customized person-centred care model as described in this report; and

3.         Direct the Director of Long-Term Care to report back to Committee and Council on the implementation plan and approach once confirmation of the LTC provincial budget revenues have been confirmed for 2022-2023.

                                                                                                            CARRIED

 

 


 

STANDING COMMITTEE ON ENVIRONMENTAL PROTECTION, WATER AND WASTE MANAGEMENT REPORT 19

 

11.

RELEASE OF THE BETTER BUILDINGS OTTAWA STRATEGY AND LAUNCH OF THE BENCHMARKING AND AUDITING PROGRAM

 

COMMITTEE RECOMMENDATIONS

That Council:

1.         Approve the Better Buildings Ottawa Strategy attached as Document 1 and summarized in this report;

2.         Approve and direct staff to launch the Benchmarking and Auditing Program, attached as Document 2 and summarized in this report;

3.         Direct the Council Sponsors Group to work with the Mayor to request the Government of Ontario to:

a)        Amend the province''s Reporting of Energy Consumption and Water Use (O.Reg. 506/18) regulation to mandate industrial, commercial, institutional and multi-unit residential buildings of 1,850 m2 (approximately 20,000 ft2) or larger and other building types to report their energy consumption and water use, and to expand the scope of the regulation to include energy, water and greenhouse gas emissions disclosure at the address level;

b)        Implement a net zero retrofit code;

c)        Provide authority for municipalities to mandate energy and emissions performance standards should the Government of Ontario not amend its Energy Consumption and Water Use regulation;

d)        Create grant and/or rebate programs to improve the business case for deep retrofits with longer paybacks for all building types; and

e)        Demonstrate leadership through deep carbon retrofits in provincially-owned or leased buildings in Ottawa.

4.         Direct staff to report back to Council on the City’s legislative authority and implementation plan to require the following for existing commercial, institutional and multi-unit residential buildings of 1,850 m2 (approximately 20,000 ft2) or larger should the Government of Ontario not amend its Energy Consumption and Water Use regulation:

a)        Mandatory annual energy, water, and greenhouse gas emission benchmarking and disclosure;

b)        Mandatory energy and emissions audits and/or recommissioning reports, and retrofit plans; and

c)        Mandatory emissions or energy performance targets.

5.         Direct the Council Sponsors Group to work with the Mayor to request the Government of Ontario to direct the Ontario Energy Board (OEB) and Independent Electricity System Operator (IESO) to:

a)        Implement rate structure changes that favour electrification and fuel switching away from natural gas;

b)        Fund electrical service upgrades that are required for Gren House Gas (GHG) reduction purposes through the rate base;

c)        Develop utility mechanisms to help support and invest in deep emissions retrofits; and

d)        Continue retrofit cost reduction measures, such as performance-based rebates for improved energy and emission performance.

6.         Direct the Council Sponsors Group to work with the Mayor to request the Government of Canada to:

a)        Release a model retrofit code that aligns with the targets set in the Paris Agreement;

b)        Set standards for low embodied carbon materials including concrete and steel and low global warming potential refrigerants;

c)        Continue its commitment to carbon pricing via the Greenhouse Gas Pollution Pricing Act;

d)        Create/expand grant programs and tax incentives to improve the business case for deep retrofits with long payback periods;

e)        Work with municipalities to ensure rebates and financing for deep emissions retrofits include providing a loan backstop for municipal retrofit financing programs for private buildings;

f)         Continue the enhancement of deep retrofit financing in collaboration with municipalities through the Canadian Infrastructure Bank; and

g)        Support the manufacturing and supply chains to increase availability of low embodied carbon materials for the building industry.

                                                                                                            CARRIED

 


 

12.

CLIMATE CHANGE MASTER PLAN - ANNUAL GREENHOUSE GAS INVENTORIES AND STATUS UPDATE

 

COMMITTEE RECOMMENDATIONS

That Council:

1.         Receive the annual status update on the Climate Change Master Plan, including the 2020 greenhouse gas emissions inventories attached as Document 1 and updates on the Climate Change Master Plan eight priority actions as summarized in this report; and

2.         Approve that the 2020 Hydro Ottawa dividend surplus of $800,000 be used to fund the proposed spending plan attached as Document 3 and summarized in this report.

                                                                                                            CARRIED

 

13.

RESIDUAL WASTE MANAGEMENT STRATEGY

 

COMMITTEE RECOMMENDATIONS

That Council:

1.         Approve the framework for the Residual Waste Management Strategy, including scope and timelines, to extend the life of the Trail Waste Facility Landfill.

2.         Direct staff to develop a Landfill Life Calculation Methodology to use more predictive indicators, to accurately assess the remaining life of the Trail Waste Facility Landfill for use in long term planning for Solid Waste Services.

3.         Direct staff to investigate and report back on the feasibility of expanding the capacity at the Trail Waste Facility Landfill.

 

MOTION NO 62/15

Moved Councillor S. Menard

Seconded Councillor S Moffatt

 

WHEREAS the Residual Waste Management Strategy report (ACS2021-PWE-SWS-0005) was considered by the Standing Committee on Environmental Protection, Water and Waste Management on October 19th; and

WHEREAS staff in Solid Waste Services presented the Residual Waste Management Strategy to available members of the Stakeholder Sounding Board on October 26, 2021 as directed by the committee;

THEREFORE BE IT RESOLVED that Council receive the summarized feedback from the Sounding Board Meeting attached to this motion and approve that that a copy of the feedback be posted publicly with the Council disposition and Minutes as an attachment[2] to the report.

                                                                                                            CARRIED

The Committee recommendations, as amended by Motion 62/15 were put to Council and CARRIED.

 

TRANSIT COMMISSION REPORT 14

 

14.

MOTION - EXTENSION OF MAXIMUM TRANSFER TIME FOR OC TRANSPO CONVENTIONAL BUS SERVICE DURING R1 BUS REPLACEMENT SERVICE

 

COMMISSION RECOMMENDATIONS

That City Council approve:

1.         That as soon as possible, the maximum transfer time for OC Transpo conventional bus service be extended by 60 minutes, until such time that the General Manager of Transit Services is of the opinion that R1 bus replacement service which commenced in September 2021 is no longer required; and,

2.         That staff update Council and members of the Transit Commission confirming the timing for implementation of the extension.

:

MOTION NO 62/16

 

Moved by: Councillor J. Cloutier

Seconded by:  Councillor C. McKenney

 

WHEREAS extending the transfer period from 90 minutes (105 minutes early and late in the day) to 120 minutes may allow fare savings for some existing transit customers and may attract some new short trips to the transit system; and

WHEREAS staff advised in February 2019 that if the transfer validity periods were extended to 120 minutes, there would be an estimated fare revenue loss of approximately $900,000 per year; and

WHEREAS other measures of the same general cost may provide more benefit for existing customers and may attract more new customers to the transit system;

THEREFORE BE IT RESOLVED that a consideration of a permanent 120-minute transfer period be referred to the Transit Fare Working Group and staff for their review, for reporting back to Transit Commission by Q2 2022 and for possible inclusion in the 2023 Draft Budget, and that this review include a comparative analysis of other measures that could increase ridership and/or increase the usage of transit services by existing users.

                                                                                                            CARRIED

The Committee recommendations, as amended by Motion 62/16 were put to Council and CARRIED.


 

TRANSIT COMMISSION REPORT 14A

 

15.

COLLECTIVE BARGAINING – MANDATE FOR NEGOTIATIONS - AMALGAMATED TRANSIT UNION, LOCAL 279 (PARA TRANSPO) AND CUPE 5500 – IN CAMERA – NOT TO BE REPORTED OUT

Council did not resolve in camera. The following recommendations were put to Council in open session:

 

COMMITTEE RECOMMENDATION

That City Council direct the City’s bargaining team to negotiate renewals of the collective agreements for employees within the Amalgamated Transit Union, Local 279 (Para Transpo) and CUPE 5500, as presented in the confidential report from Transit Commission submitted to Council on October 20, 2021.

                                                                                                            CARRIED

 

BULK CONSENT AGENDA

 

COMMUNITY AND PROTECTIVE SERVICES COMMITTEE REPORT 22

 

 

A.

COMMUNITY PARTNERSHIP CAPITAL PROGRAMS ANNUAL REPORT

 

COMMITTEE RECOMMENDATIONS

That Council:

1.         Receive the listing of projects funded under delegated authority through the Community Partnership Minor Capital program in 2020 as detailed in Document 1;

2.         Approve in principle the list of 2021 Community Partnership Major Capital projects as detailed in Document 2 and within the Council approved program budget envelope;

3.         Receive the status update of prior year Community Partnership Major Capital projects previously approved in principle as detailed in Document 3; and

4.         Delegate authority to the General Manager, Recreation, Cultural and Facility Services to work with Investing in Canada Infrastructure Program (ICIP) – Community Culture and Recreation (CCR) Funding Stream Transfer Payment Agreements (TPA), to set up the detailed financial planning, creation of accounts, and project management for the ICIP approved projects for Centennial Park and Trend Arlington Park.

                                                                                                            RECEIVED

 

CITY CLERK

 

B.

SUMMARY OF ORAL AND WRITTEN PUBLIC SUBMISSIONS FOR ITEMS SUBJECT TO THE PLANNING ACT ‘EXPLANATION REQUIREMENTS’ AT THE CITY COUNCIL MEETING OF OCTOBER 13, 2021

 

REPORT RECOMMENDATION

That Council approve the Summaries of Oral and Written Public Submissions for items considered at the City Council Meeting of October 13, 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 Documents 1 to 8.

                                                                                                            CARRIED

 

MOTION TO ADOPT REPORTS

 

MOTION NO 62/17

Moved by Councillor T. Kavanagh
Seconded by Councillor J. Cloutier

That report from the Ottawa Community Lands Development Corporation entitled “Ottawa Community Lands Development Corporation 2020   Annual Report”; the report from the Ottawa Public Library Board entitled “Ādisōke – Project Update and Funding Strategy”; Joint Agriculture and Rural Affairs Committee and Planning Committee Report 5; Community and Protective Services Committee Report 22; Standing Committee on Environmental Protection, Water and Waste Water Report 19; Finance and Economic Development Committee Report 30; Transit Commission Reports 14 and 14A; 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 13, 2021” be received and adopted as amended.

                                                                                                            CARRIED

 

MOTIONS OF WHICH NOTICE HAS BEEN PREVIOUSLY GIVEN

 

Note: The following Meehan/Deans Motion of which Notice was previously given at the October 13, 2021 City Council meeting was revised pursuant to Subsection 59(5) of the Procedure By-law.

 

MOTION NO 62/18


Moved by Councillor C. A. Meehan

Seconded by Councillor D. Deans

 

WHEREAS Light Rail Transit Stage Two-the Trillium Line is an integral extension of Ottawa’s Light Rail System that will provide service to Carleton University, the Ottawa International Airport and the growing suburbs in Ottawa’s South end; and

WHEREAS SNC Lavalin is part of TransitNext, the consortium chosen to design and build the Trillium Line, and was also involved in the construction of the Confederation Line; and

WHEREAS two years after the Stage One - Confederation Line was launched, it has been plagued by technical and mechanical issues that have caused costly, ongoing service disruptions; and

WHEREAS the Confederation Line is currently out of service due to the latest derailment; and

WHEREAS Remediation and maintenance of the Confederation Line continues to be problematic; and   

WHEREAS Questions have been raised about whether the quality of the railway design, construction, and installation is contributing to ongoing service problems on the Confederation Line; and

WHEREAS Trillium Line had a long history of reliable service since 2015 using the Alstom LINT vehicles and third-party maintenance services; and

WHEREAS Trillium Line employs significantly different technology and standards including diesel vehicles and simplified train control systems; and

WHEREAS Stage Two-The Trillium Line appears to be behind schedule with an unknown completion date; and

WHEREAS Concerns have been raised about whether challenges being faced on the Confederation Line are going to repeat themselves on the Trillium Line due to the involvement of SNC Lavalin on both projects;

THEREFORE BE IT RESOLVED that the City Manager and the Director of Rail Construction immediately initiate and provide as soon as available a detailed side-by-side comparison of the challenges faced on the Confederation Line with the technical design on the Trillium Line to provide additional background information on the Trillium Line design and construction; and,

BE IT FURTHER RESOLVED that the City Manager and Director of Rail Construction engage a peer review of the strategy for design, construction, commissioning, and maintenance of the Trillium Line by the TransitNEXT organization to identify potential challenges caused by design, construction, commissioning, training, and/or organizational design that could be remediated now before the rail line is completed; 

BE IT FURTHER RESOLVED that City Manager and Director of Rail Construction provide an update on the construction timelines for the Trillium Line Stage 2 at the December Finance and Economic Development Committee Meeting.

REFERRED by the following motion:

MOTION NO 62/19

Moved by Councillor L. Dudas

Seconded by Councillor E. El-Chantiry

 

WHEREAS City staff were already planning on providing an update on the construction timelines for the Trillium Line Stage 2 at the December Finance and Economic Development Committee Meeting; and

WHEREAS questions related to differences in technology between the Confederation Line and the Trillium Line have been raised by Members of Council in many of the previous briefings on this topic; and

WHEREAS the approach to construction oversight of the Trillium Line includes a dedicated construction monitoring team co-located with the Contractor in the field which is substantially different than the Stage 1 approach to construction oversight; and,

WHEREAS understanding that staff supports the notion of a peer review or similar mechanism as part of its due diligence exercise to ensure that the Trillium Line does not experience the same issues as the Stage 1 Confederation Line, but needs some time to properly assess and craft the scope of work for a peer review to otherwise protect the City’s interests; and

WHEREAS staff advise that referring this motion to the December meeting of the Finance and Economic Development Committee would not significantly impact the timing of the work being proposed, particularly given the existing quality assurance mechanisms already in place;

THEREFORE BE IT RESOLVED that City Council refer the Meehan/Deans motion to the December meeting of the Finance and Economic Development Committee and direct the Director, Rail Construction to provide a memorandum to Committee and Council in advance of that meeting that provides a detailed, side-by-side comparison of the challenges faced on the Confederation Line with the technical design on the Trillium Line to provide additional background information on the Trillium Line design and construction, an outline of the quality assurance mechanisms in place, as well as a high level analysis and recommendation related to the engagement of a peer review as identified in the Meehan/Deans motion.

Motion 62/19 was put to Council and CARRIED on a division of 13 YEAS and 10 NAYS, as follows:

 

YEAS (13):

Councillors J. Cloutier, S. Moffatt, G. Gower, J. Harder, L. Dudas,
G. Darouze, E. El-Chantiry, C. Kitts, T. Tierney, K. Egli, M. Luloff,
A. Hubley, Mayor J. Watson

NAYS (10):

Councillors T. Kavanagh, J. Leiper, R. Chiarelli, C. McKenney,
C.A. Meehan, D. Deans, R. Brockington, R. King, S. Menard,
M. Fleury

 

 

NOTICES OF MOTION (FOR CONSIDERATION AT SUBSEQUENT MEETING)

 

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.

 

MOTION TO INTRODUCE BY-LAWS

MOTION NO 62/20

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


 

BY-LAWS

 

THREE READINGS

 

 

2021-343.        A by-law of the City of Ottawa to establish a Small Business Tax Class for the City of Ottawa.

 

 

2021-344.        A by-law of the City of Ottawa amending By-law No. 50 of 2000 respecting the procurement of goods, services and construction for the City of Ottawa.

 

 

2021-345.        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.

 

 

2021-347.        A by-law of the City of Ottawa to amend By-law No. 2003-499 respecting fire routes.

 

 

2021-348.        A by-law of the City of Ottawa to establish certain lands as common and public highway and assume them for public use (avenue McManus Avenue).

 

 

2021-349.        A by-law of the City of Ottawa to correct the name of voie Dalmation Way, a municipal highway in the City of Ottawa, to voie Dalmatian Way.

 

 

2021-350.        A by-law of the City of Ottawa to establish certain lands as common and public highway and assume them for public use (rue Antonio Farley Street, voie de l’Arquebuse Way).

 

 

2021-351.        A by-law of the City of Ottawa to repeal by-law No. 2021-295 and to establish certain lands as common and public highway and assume them for public use (Carling Avenue).

 

 

2021-352.        A by-law of the City of Ottawa to establish certain lands as common and public highway and assume them for public use (Chapel Crescent).

 

 

2021-353.        A by-law of the City of Ottawa to designate certain lands at privé Hawker Private on Plan 4M-1683 and privé Fleet Canuck Private on Plan 4M-1593 as being exempt from Part Lot Control.

 

 

2021-354.        A by-law of the City of Ottawa to designate certain lands at avenue Hermes Avenue on Plan 4M-1641 and Plan 4M-1672 as being exempt from Part Lot Control.

 

 

2021-355.        A by-law of the City of Ottawa to amend By-law No. 2001-17 to appoint certain Inspectors, Property Standards Officers and Municipal Law Enforcement Officers in the Building Code Services Branch of the Planning, Infrastructure and Economic Development Department.

 

 

2021-356.        A by-law of the City of Ottawa to amend By-law No. 2021-24 governing the proceedings of the Council and its Committees.

 

 

2021-357.        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 6111 Hazeldean Road.

 

 

                                                                                                            CARRIED

 

CONFIRMATION BY-LAW

MOTION NO 62/21

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 October 27, 2021.

                                                                                                            CARRIED

 

INQUIRIES

 

Councillor M. Fleury (OCC 21-14)

The events that followed the 2021 Panda Game highlighted many safety and wellbeing concerns for residents. Thousands of people were able to gather and caused mass property damage, posed serious threats to public health and safety, and were a serious nuisance on the community. Considering what the City of Kingston has done to bring consequences to those who engage in “nuisance parties”, I would like to know what similar tools the City of Ottawa may have.

Looking forward to future days and events that have been known to bring about these kinds of destructive behaviours, I want to ask that the City clarify the following:

•           What consequences can be given to deter individuals from further engaging in large, unsanctioned street parties?

•           Were individual fines given out to those who engaged in activities that broke public health regulations concerning COVID-19 regulations?

•           What can be done proactively to prevent destructive, unsafe, unsanctioned hooligan parties in Sandy Hill?

•           What and how many fines were issued by bylaw in response to the incident that followed the Panda Game?

•           What tools does the City have to ensure all risks areas of the Panda Game are prevented and properly responded to? (including tools within the City’s Special Events department)

Councillor M. Luloff (OCC 21-15)

A 2018 and 2019 City investment summary in the festival industry that includes in-kind services, and grants that festivals, fairs and events access, as well as a list of revenue received by City from the industry that would include but may not be limited to venues, permits, and service fees.

ADJOURNMENT

The meeting adjourned at 3:47 p.m.

 

Original Signed By                                                                                         Original Signed By

_______________________________                _______________________________

CITY CLERK                                                         MAYOR



1 Held on file with the City Clerk posted with the report.

2 Held on file with the City Clerk and posted with the report.

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