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City Council
November 9, 2022
What was decided (18 motions)
17 carried, 1 recorded otherwise. Every motion below is printed as the minutes print it.
That the Agriculture and Rural Affairs Committee Report 35, Built Heritage Sub-Committee report 30A, Finance and Economic Development Committee Report 41, Planning Committee Report 69, and the reports from the City Clerk entitled “Status Update - Council Inquiries and Motions for the period ending November 4, 2022” and “Summary of Oral and Written Public Submissions for Items Subject to the Planning Act ‘Explanation Requirements’ at the City Council Meeting of October 5, 2022” be received and considered; and That Council Suspend the notice requirement in Subsection 29(6) of the Procedure By-law to consider the Integrity Commissioner’s report entitled “Report to Council on an Inquiry Respecting the Conduct of Councillor Chiarelli” at its meeting on November 9, 2022.
Moved by C. Curry, seconded by K. Egli
Carried
WHEREAS on July 15, 2020, Council considered the first Integrity Commissioner’s report titled, “Report to Council on an Inquiry Respecting the Conduct of Councillor Chiarelli” (ACS2020-OCC-GEN-0023) and approved the suspension of the remuneration paid to Councillor Chiarelli in respect of his service as a Member of Council for a total of 270 Days due to contraventions of Section 4 and Section 7 of the Code of Conduct for Members of Council; and WHEREAS on August 26, 2020, Council approved Motion 38/4 directing the City’s Chief Financial Officer to invest the total of 2020/2021 remuneration being suspended from Councillor Chiarelli (amounting to $79,300) to be allocated to community organizations that support survivors of domestic violence and/or sexual assault in consultation with the General Manager of Community and Social Services; and WHEREAS, on December 22, 2021, the Divisional Court set aside Council's decision with regards to the first Integrity Commissioner’s report, however, the Court itself imposed the same penalty of 270 days suspension of remuneration of Councillor Chiarelli; and WHEREAS on November 25, 2020, Council considered and approved the recommendations set out in the Integrity Commissioner's second report titled, “Report to Council on an Inquiry Respecting the Conduct of Councillor Chiarelli” (ACS2020-OCC-GEN-0033) and approved Motion 44/4 directing that the City’s Chief Financial Officer invest the total of Councillor Chiarelli’s further 180 days of suspe
Moved by T. Kavanagh, seconded by C. Curry
Carried
WHEREAS the Report from the Chief Procurement Officer entitled 2022 – Mid-Year Procurement Year in Review (ACS2022-ICS-PRO-0003) was received at Finance and Economic Development Committee (FEDC) on November 1 and is before Council for information; WHEREAS in the report to FEDC some columns in Document 1 (Delegation of Authority Contracts for the period of January-June 2022) were unintentionally omitted, and a corrected document was published with the City Council Agenda; THEREFORE BE IT RESOLVED that Council replace Document 1 of the report with the Revised Document 1 issued with the Council Agenda.
Moved by J. Cloutier, seconded by G. Darouze
Carried
WHEREAS the associated application to report ACS2022-PIE-PS-0094 seeks Council’s approval to permit three high-rise buildings – consisting of approximately 850 residential units and 18,000 square metres of commercial space; and WHEREAS the report recommends designating the subject site as a Class 4 area within the meaning of Provincial Guideline NPC-300 and the City’s Environmental Noise Control Guidelines to recognize the introduction of a sensitive land use (residential) next to an existing stationary noise source at 975 Gladstone, known as the Canadian Bank Note Company; and WHEREAS, as the October 27, 2022 Planning Committee provided direction to work with the applicant (CLV) and the Canadian Bank Note Company on wording to add a holding provision requiring a noise mitigating agreement between the parties prior to releasing the holding provision, if an agreement could not be reached prior to the November 09, 2022 Meeting of Council; and WHEREAS Staff, through the applicant, have worked with the parties to find resolution on the noise mitigation concerns; and WHEREAS an agreement between the parties has been executed between CLV and Canadian Bank Note prior to the November 09, 2022 Council Meeting; and WHEREAS the parties further agreed to amendments to Documents 1 and 2 to add a second holding symbol and amend the holding symbol criteria in addition to the executed agreement. THEREFORE BE IT RESOLVED THAT, with respect to report ACS2022-PIE-PS-0094, Council replace Docume
Moved by J. Leiper, seconded by R. Brockington
Carried
WHEREAS public concerns have been raised about potential environmental, flooding and landslide hazard risks associated with the development of 1015 Tweddle Road; and WHEREAS in accordance with RVCA requirements, the applicant has undertaken a third-party Landslide Hazard Risk Assessment and an evaluation of group risk within its study whereby the RVCA’s Landslide Hazard Risk Assessment peer reviewer has noted some issues with methodology; WHEREAS the RVCA believes that the study should reflect appropriate methodology as outlined by its reviewer; and WHEREAS the original concept reviewed for the site had three towers and a fourth tower was added without this risk assessment review and this change in scope should be accounted for and included in the risk assessments, particularly given the fill and soil conditions identified; and WHEREAS the City has agreed that the update can be completed prior to Site Plan Control Approval; and WHEREAS the applicant is aware that deferring the completion of the study to Site Plan Control review may cause changes to the design concept, which they are willing to assume because the design is subject to change; and WHEREAS numerous stakeholders want added assurances from the City that the study update will be completed; THEREFORE, BE IT RESOLVED that Council: Amend the holding symbol condition to require prior to the lifting of the holding symbol: That the Landslide Hazard Risk Assessment be updated to the satisfaction of the RVCA to reflect acce
Moved by S. Menard, seconded by M. Luloff
Carried
That the Integrity Commissioner’s report entitled “Report to Council on an Inquiry Respecting the Conduct of Councillor Chiarelli”, Agriculture and Rural Affairs Committee Report 35, Built Heritage Sub-Committee report 30A, Finance and Economic Development Committee Report 41, Planning Committee Report 69, and the reports from the City Clerk entitled “Status Update - Council Inquiries and Motions for the period ending November 4, 2022” and “Summary of Oral and Written Public Submissions for Items Subject to the Planning Act ‘Explanation Requirements’ at the City Council Meeting of October 5, 2022” be received and adopted as amended.
Moved by C. Curry, seconded by K. Egli
Carried
WHEREAS Keyrock Drive is a residential collector road in the Kanata Lakes Estates community, with a current posted speed limit of 50km/h; and WHEREAS In 2009, City Council approved the City of Ottawa Speed Zoning Policy which defines the process for establishing speed limits along City roadways, which states that the speed limit along this type of roadway should be based on the actual 85th percentile speed (i.e. the speed at or below which 85% of all the vehicles travel) of the free-flowing traffic on the street; and WHEREAS based on recent speed surveys undertaken by Traffic Services. 85th percentile operating speeds along Keyrock Drive is 50 km/h; and WHEREAS Changing the speed limit on Keyrock Drive will bring it more in line with the 40 km/h limits of adjacent streets an allow for the implementation of a larger 40 km/h Gateway Speed Limit Zone in the Kanata Lakes Estates Community WHEREAS the Traffic Services Operating Budget funds are only available to implement one gateway zone per year in each Ward, with any additional implementations eligible for funding through the Ward-specific funding in the Temporary Traffic Calming program; and WHEREAS the implementation of the associated Gateway Zone signage and pavement markings would be in 2023, and would be subject to the availability of these funding sources in, in consultation with the Ward 4 Councillor for the 2022-2026 Term; THEREFORE BE IT RESOLVED that Council approve in principle the implementation of a 40 km/ h speed
Moved by C. Curry, seconded by E. El-Chantiry
Carried
WHEREAS Bill 109 introduced changes to the Site Plan By-law to exempt residential developments with six or less dwelling units; and WHEREAS through the discussion at the June 23, 2022 Planning Committee the Ward Councillor noted the unique challenges associated with development in Sandy Hill, especially with the removal of Councillor concurrence; and WHEREAS the effect of the changes to the Site Plan By-law maintains the existing requirement for Site Plan in Sandy Hill for a residential use building with one to three units, but the recent site plan exemption approved by Council on July 6, 2002 exempts four to six units in the Inner Urban Area which includes Sandy Hill; and; WHEREAS the process for Bill 109 continues to evolve, with more potential changes coming as new procedures are implemented; THEREFORE BE IT RESOLVED, for Sandy Hill, the modified Site Plan provisions will continue to apply to new applications for residential developments of four to six dwelling units. BE IT FURTHER RESOLVED THAT this be effective as of November 9, 2022.
Moved by M. Fleury, seconded by R. King
Withdrawn
That the Rules of Procedure be suspended to consider the following motion so that staff may proceed as soon as possible, as this is the last meeting of the Term of Council and no committees have yet been scheduled for the new Term. WHEREAS as many residents have reached out to voice their concerns about pedestrian safety due to speeding along this stretch of Equestrian Drive; and WHEREAS the addition of a three-way stop will help residents using Spur Avenue exit onto Equestrian Drive safely and will help reduce speeds along Equestrian Drive; and WHEREAS there is no pedestrian crossing for this stretch of Equestrian Drive over 900 meters, and it is the only route nearby for many students walking to and from school, as well as a high number of older adults in the area; and WHEREAS an All Way Stop Control (AWSC) warrant review against criteria outlined in the Intersection All-Way Stop Control Warrant Review report (ACS2020-TSD-TRF-0002) conducted by Traffic Services at this location indicated that only 38% of the warrant criteria were met; and WHEREAS installation of any pedestrian crossing markings at the intersection of Equestrian Drive and Spur Avenue cannot be implemented until such time as the intersection is made compliant with AODA standards, THERFORE BE IT RESOLVED that Council approve the installation of a 3-way stop control at the intersection of Equestrian Drive and Spur Avenue, including stop bar pavement markings; and BE IT FURTHER RESOLVED THAT the installation of
Moved by A. Hubley, seconded by T. Tierney
Carried
That the Rules of Procedure be suspended to consider the following motion in order that staff may action this direction in a timely manner; WHEREAS the Fireworks By-law (By-law 2003-237, as amended) regulates the sale and setting off of fireworks within the City of Ottawa; and, WHEREAS the discharge of fireworks requires a permit from the Fire Chief with the exception of certain types of low hazard fireworks, known as consumer fireworks, which are permitted to be discharged on Canada Day and Victoria Day without a permit; and, WHEREAS a request has been received to allow the discharge of fireworks without a permit for Diwali celebrations; BE IT RESOLVED that the General Manager of Emergency and Protective Services consider including a review of the Fireworks By-law on the 2023-2026 By-law Review Work Plan to allow the discharge of consumer fireworks without a permit in celebration of Diwali, and report findings as soon as feasible.
Moved by A. Hubley, seconded by J. Watson
Carried
That the Rules of Procedure be Suspended to consider the following motion in order that a new Community Member, be appointed the Ottawa Community Housing Corporation, without delay, to replace Community Member who has resigned: WHEREAS Ottawa Community Housing Corporation (OCHC) is committed to engage community members, (citizens of Ottawa who are neither City Councillors nor OCHC Tenants), in decision-making through membership on OCHC’s Board of Directors; and AND WHEREAS through its competency-based recruitment process OCHC has identified a community member for appointment to the Board of Directors; and AND WHEREAS Ottawa City Council, as the sole Shareholder of OCHC, has the authority to appoint members to the OCHC Board of Directors; and AND WHEREREAS at is meeting of October 31, 2022, the OCHC Board of Directors approved a recommendation to request the Shareholder appoint Seham Rabaa to OCHC’s Board of Directors. THEREFORE, BE IT RESOLVED that Seham Rabaa be appointed to the Ottawa Community Housing Corporation Board of Directors as a Community Member for a term effective immediately and expiring at the 2026 OCHC Annual General Meeting; and BE IT FURTHER RESOLVED that the Mayor and the City Clerk be authorized to sign a written resolution on behalf of the City of Ottawa as Shareholder of OCHC setting out the resolutions approved by City Council.
Moved by M. Fleury, seconded by S. Moffatt
Carried
That the Rules of Procedure be suspended to consider the following motion so that services may be contracted prior to the winter season WHEREAS a 160m pathway along the front of residential properties on Bridgeport Avenue cannot be winter maintained by the City of Ottawa; and WHEREAS the Ward 21 Constituency Services Budget has been covering the costs of localized winter maintenance along this section since 2015; and WHEREAS Section 5.1 of the Council Expense Policy restricts the use of a Councillor’s Office Budget from funding winter maintenance of the pathway, unless otherwise approved by a Motion of Council; and THEREFORE BE IT RESOLVED that Council approve an exception to Section 5.1 of the Council Expense Policy to allow for the continued maintenance of this section of Bridgeport Avenue for the 2022-23 winter maintenance season, to be funded from the Outgoing Councillor’s portion of the 2022 Constituency Services Budget
Moved by S. Moffatt, seconded by G. Darouze
Carried
That the Rules of Procedure be suspended to consider the following motion in order to have a crossing guard in place as soon as possible. WHEREAS the Council Expense Policy, Section 5.1, provides that Members may not spend their office budgets on “City-funded services and departments” unless a motion is approved by Council to approve this; and WHEREAS on September 22, 2021 Council approved Motion 60/7, approving an exemption to Section 5.1 of the Council Expense Policy to permit Councillor Brockington to fund an Adult Crossing Guard at Anna Avenue and Merivale Road from the Ward 16 Constituency Services budget until the end of the 2018-2022 Term of Council or until such time that Traffic Services determines the intersection meets the related warrants and that funding becomes available through its Adult School Crossing Guard Program; and WHEREAS the Ward Councillor, on behalf of the community, is of the view that a crossing guard is still required for the 2022-2023 School year, for the same reasons as the previous year; and WHEREAS the estimated cost to implement this crossing guard for the remainder of the school year is approximately $14,500; THEREFORE BE IT RESOLVED that Council approve an exemption to Section 5.1 of the Council Expense Policy to permit Councillor Brockington to fund an Adult Crossing Guard at Anna Avenue and Merivale Road from the Ward 16 Constituency Services budget for the 2022-2023 School year or via another funding source identified as part of the 2023
Moved by R. Brockington, seconded by J. Leiper
Carried
That the Rules of Procedure be Suspended to consider the following motion order to allow the property owner to proceed with demolition in a timely manner to address safety concerns over the winter season WHEREAS the buildings at 316-332 Clifton Road are unoccupied and; WHEREAS the site has seen increased reports of trespassing and break-ins, raising safety concerns for the site and the neighbouring properties entering the winter season; WHEREAS the site is undergoing a Site Plan Control application review, to be finalized upon the resolution of an outstanding matter with Hydro Ottawa and; WHEREAS the property at 316-332 Clifton Road contains five residential dwelling units, making it subject to Demolition Control pursuant to Demolition Control By-law 2012-377; and WHEREAS there is currently no building permit application for a replacement building; THEREFORE BE IT RESOLVED that Council approve demolition control for the existing building on the property subject to the following conditions; That the Owner pay PRED $3,518.40 (includes $420.00 Legal Fee + HST), which is the fee associated with a demolition control application . That until the commencement of any excavation and above-grade construction, the Owner shall landscape the property with grass and sod landscaping, to the satisfaction of the General Manager, Planning, Real Estate and Economic Development, and that said landscaping shall be maintained by the Owner; That until the time of the construction of the replacement
Moved by J. Leiper, seconded by R. King
Carried
That the by-laws listed on the Agenda under Motion to Introduce By-laws, Three Readings, be read and passed.
Moved by C. Curry, seconded by K. Egli
Carried
That the following by-law be read and passed: To confirm the proceedings of the Council meeting of 9 November 2022.
Moved by C. Curry, seconded by K. Egli
Carried
insert wording about adjournment That the proceedings of the City Council meeting of 9 November 2022 be adjourned.
Moved by C. Curry, seconded by K. Egli
Carried
That the proceedings of the City Council meeting of 9 November 2022 be adjourned
Moved by C. Curry, seconded by K. Egli insert wording about adjournment