City Council Agenda

 

 

OTTAWA CITY COUNCIL

Wednesday, 27 March 2013, 10:00 am

Andrew S. Haydon Hall, 110 Laurier Avenue West

AGENDA 51

 

 

PRAYER

 

NATIONAL ANTHEM

 

Councillor S. Desroches

 

ANNOUNCEMENTS/CEREMONIAL ACTIVITIES

 

·          

Recognition - Mayor’s City Builder Award

 

·          

Recognition - Equity and Diversity Awards

 

·          

Proclamation to the Carleton University Ravens Men’s Basketball Team

 

ROLL CALL

 

CONFIRMATION OF MINUTES

 

Confirmation of the Minutes of the regular meeting of 27 February 2013.

 

DECLARATIONS OF INTEREST INCLUDING THOSE ORIGINALLY ARISING FROM PRIOR MEETINGS

 

COMMUNICATIONS

 

Association of Municipalities of Ontario (AMO):

 

·          

Provincial Government applauded for improving municipal POA fine collection

 

·          

The Federal Budget

 

Response to Inquiries:

 

·          

09-12 - Identifying Markings on Handicapped Parking Permits to Prevent Fraudulent Usage

 


 

Other Communications Received

 

·          

Submission received, containing 49 signatures from members of Emmanuel United Church, opposing the creation of a new casino in downtown Ottawa.

 

Petitions

 

·               Petition received, containing 113 signatures from residents, requesting that city council rescind the approval of the placement of an antenna tower at 1536 Sale Barn Road and that consideration be given to a non-residential location, away from developing village communities, and residential recreation areas. (reference: Ottawa City Council Agenda, 27 March 2013, under the heading "Motions of Which Notice Has Been Previously Given".)

 

REGRETS

 

Councillors S. Blais and S. Moffatt advised they will be absent from the Council meeting of 27 March 2013.

 

MOTION TO INTRODUCE REPORTS

 

(Councillors R. Chiarelli and E. El-Chantiry)  

 


 

REPORTS  

 

OTTAWA BOARD OF HEALTH REPORT 8

 

1.

BOARD OF HEALTH FOR THE CITY OF OTTAWA HEALTH UNIT 2012 ANNUAL REPORT

 

BOARD RECOMMENDATION
That City Council receive the Board of Health for the City of Ottawa Health Unit 2012 Annual Report for information of its members, in accordance with the City of Ottawa Act.

 

COMMITTEE REPORTS

 

AGRICULTURE AND RURAL AFFAIRS COMMITTEE REPORT 29

 

2.

MUNICIPAL ADDRESSING ANOMALIES - LINE ROADS - EIGHTH LINE AND NINTH LINE ROAD RENAMING

 

COMMITTEE RECOMMENDATIONS

That Council approve:

1.         A By-law to rename Eighth Line Road to Piperville Road;             and

 

2          A By-law to rename Ninth Line Road to Thunder Road.

 

FINANCE AND ECONOMIC DEVELOPMENT COMMITTEE REPORT 30

 

3.

DISPOSITION OF 2012 TAX AND RATE SUPPORTED OPERATING SURPLUS/ DEFICIT

 

COMMITTEE RECOMMENDATIONS AS AMENDED

That Council approve:

1.         That the surpluses totalling $9.045 million be transferred to the City Wide, Housing, Childcare, Library and Water reserves and the Actuarial Liabilities account.

 

2.         That the deficit of $2.471 million in Transit Services be funded by a transfer from the Transit Capital Reserve Fund.

 

3.         That the deficit of $5.129 million in Wastewater Services be funded from the Sewer Capital reserve Fund.

 

4.         That the $0.951 million shortfall in 2012 budgeted land sales from the Ottawa Lands Development Corporation be transferred from the City Wide Reserve and that the funds be returned to the reserve from future land sale proceeds.

 

5.         That $0.148 million be transferred from the Winter Maintenance Control Reserve Fund to eliminate the 2012 year-end deficit balance.

 

6.         That the amounts required to complete the following 2012 initiatives be re-provided from the 2013 Provision for Unforeseen and One-time Items account.

a)         Legal services ($0.140 million) - Replacement of the integrated claims and insurance database (Riskmaster).

 

b)       Planning & Growth Management ($0.274 million) - Revitalization and renewal initiative

 

c)         Planning & Infrastructure ($0.438 million) - Review / revisit existing zoning and Community Design Plans to resolve ambiguities.

 

7.          That $0.075 million of the $0.280 million year-end surplus in the Committee of Adjustment budget be re-provided in 2013 to complete work that was undertaken in 2012 to implement and partner with the City’s e-agenda initiative.

 

8.         That $250,000 be allocated from the One-time and Unforeseen Provision account to fund the retrofit and relocation of Ottawa Public Health’s vaccine room to the ground floor from the seventh floor at 100 Constellation.

 

9.         That the City Manager be directed to work with the Chief Medical Officer of Health to secure a proportional refund on the retrofit costs referenced in recommendation 8, above.

 

4.

LEASE RENEWAL – 35 GEORGE STREET – NATIONAL CAPITAL COMMISSION – OTTAWA SCHOOL OF ART

 

COMMITTEE RECOMMENDATION
That Council approve the renewal of the lease for the approximately 22,605 2 ft building at 35 George Street owned by the National Capital Commission and housing the Ottawa School of Art for a term of five (5) years commencing 1 January 2013 and ending on 31 December 2017 for a total estimated cost over the term of $1,364,179.91 plus HST.

 


 

5.

ORLÉANS TOWN CENTRE PARTNERSHIP INC. – RELEASE OF CASH PERFORMANCE SECURITIES

 

COMMITTEE RECOMMENDATIONS AS AMENDED

 

That Council:

1.       Authorize staff to release the $1,500,000 performance security to Orléans Town Centre Partnership Arts Centre Inc. upon execution of a Site Plan Agreement between the City, Orléans Town Centre Partnership Office Inc. and the developer as it relates to the property at 243 Centrum Boulevard, Orléans Town Centre as described in the report; and

 

2.         Authorize staff to exercise the City’s right under the Orléans Town Centre Partnership Funding Agreement, Schedule 4, Section 1.2.4, as amended on 7 July 2010 to release to the City the Seniors/Mixed-Use performance security in the amount of $1,000,000 to the One-Time and Unforeseen account.

 

PLANNING COMMITTEE REPORT 46

 

6.

APPLICATION TO ALTER MUTCHMOR SCHOOL, 185 FIFTH AVENUE, A PROPERTY DESIGNATED UNDER PART IV OF THE ONTARIO HERITAGE ACT

 

COMMITTEE RECOMMENDATIONS:

 

That Council: 

1.         Approve the application to alter Mutchmor School, 185 Fifth Avenue as per plans submitted by Barry J. Hobin and Associates Architects Inc. on February 27, 2013;

 

2.         Delegate authority for minor design changes to the General Manager, Planning and Growth Management Department; and

 

3.         Issue the heritage permit with a two year expiry from the date of issuance.

 

(Note: The statutory 90-day timeline for consideration of this application under the Ontario Heritage Act will expire on May 28, 2013.)

(Note: Approval to Alter this property under the Ontario Heritage Act must not be construed to meet the requirements for the issuance of a building permit.)

 

7.

ZONING - 1050, 1100 AND 1101 CANADIAN SHIELD AVENUE AND 1100, 1140, 1200 MARITIME WAY AND PART OF 6301 CAMPEAU DRIVE.

 

COMMITTEE RECOMMENDATIONS AS AMENDED:

That Council approve an amendment to Zoning By-law 2008-250 to change the zoning of 1050, 1100 and 1101 Canadian Shield Avenue and 1100, 1140 and 1200 Maritime Way from Development Reserve (DR) to Residential Fifth Density exception zone (R5AA [XXXX]SXXX and R5AA[XXXZ]), Mixed-Use Centre Subzone 15 exception zone (MC-15[XXXY]SXXY, MC-15[XXXW] and MC-15[XXXV]) and Parks and Open Space zone (O1), all of which is shown in Document 7 detailed in Documents 4, 5 and 6 and as amended by the following:

 


 

That Document 4 – Details of Recommended Zoning be amended by replacing Item 4 with the following:

4.         Add a new Exception, MC15[XXXY] SXXY to Section 239             with provisions similar in effect to the following:

 

a)         In Column II the text “MC15[XXXY] SXXY”;

b)         In Column III the text “- hotel”

c)         In Column IV the text “- stacked dwelling”

d)         In Column V the text:

Minimum and Maximum Setbacks:

a.  From a lot line abutting Campeau Drive:

i.          Minimum yard setback: 6 m

ii.         Maximum yard setback:

1.         for the building wall of a parking garage: no maximum

2.         6.5 m for any other building wall that is:

a.         located within 25 meters of Campeau Drive; and,

b.         facing Campeau Drive;

b.   From a lot line abutting a public street other than Campeau       Drive:

i.          Minimum  yard setback: no minimum

ii.         Maximum yard setback:

1.         For the building wall of a parking garage: no maximum

2.         For at least 50% of the width of any other building wall facing a public street other than Campeau Drive: 2.5 m

Minimum and Maximum Building Height: as identified on Schedule XXY

And that there be no further notice pursuant to Section 34 (17) of the Planning Act

 

TRANSPORTATION COMMITTEE REPORT 25

 

8.

DOWNTOWN MOVES: TRANSFORMING OTTAWA’S STREETS – STUDY RECOMMENDATIONS

 

COMMITTEE MEETING INFORMATION

 

Delegations:   No delegations spoke to this item and no submissions were received

Debate :  The committee spent 1 hour 40 minutes discussing the item.

Vote: Carried as presented

Position of Ward Councillor: : City wide

Position of Advisory Committee:                                                                 N/A

 

COMMITTEE RECOMMENDATIONS:

That Council:

1.         Receive the Downtown Moves Study as a guide for the planning and design of street improvements, as outlined in the report;

 

2.         Direct staff to update the Functional Street Design for Rideau Street, between Sussex Drive and Dalhousie Street, as detailed in the report; and

 

3.         Direct staff to prepare streetscape designs, and an implementation program for Queen Street, between Bronson Avenue and Elgin Street.

 

BULK CONSENT AGENDA

 

AGRICULTURE AND RURAL AFFAIRS COMMITTEE REPORT 28

 

A

BORROWING BY-LAW UNDER THE TILE DRAINAGE ACT

 

COMMITTEE RECOMMENDATIONS

That Council enact a by-law in the form prescribed under the Tile Drainage Act, R.S.O. 1990, c.T.8. (the “Tile Drainage Act”), authorizing,

(i)        the borrowing of money from the Minister of Finance for the purpose of lending money for the construction of drainage works as defined in the Tile Drainage Act ; and

 

(ii)       the issuance of debentures in the form prescribed under the Tile Drainage Act

 


 


COMMUNITY AND PROTECTIVE SERVICES COMMITTEE REPORT 21

 

B

CLOTHING DONATION BOXES – PRIVATE PROPERTY

 

COMMITTEE RECOMMENDATIONS

That Council approve that:

1.         The regulatory provisions for enhanced notice on clothing donation boxes, as outlined in Option Number 4 of this report, as well as the public awareness strategy contained in Option 2 of this report;

 

2.         The enactment of a by-law, substantially in the form attached as Document 1, with an effective date of June 3, 2013, and delegation of authority to the City Clerk and Solicitor to make minor revisions which are consistent with the intent and purpose of the by-law; and

 

3.          That staff conduct a review of the effectiveness of this combined approach over a two-year period following enactment of the by-law and report back to Committee and Council on the results.

 

C

PETRIE ISLANDS MANAGEMENT PLAN

 

COMMITTEE RECOMMENDATION
That Council approve the Petrie Islands Management plan as the primary tool to guide the long term management of Petrie Islands, a 291 hectare conservation and recreation area located on the Ottawa River.

 

FINANCE AND ECONOMIC DEVELOPMENT COMMITTEE REPORT 30

 

D

2012 STATEMENT OF REMUNERATION, BENEFITS & EXPENSES PAID TO MEMBERS OF COUNCIL AND COUNCIL APPOINTEES

 

COMMITTEE RECOMMENDATION
That Council receive this report for information.

 

E

CAPITAL ADJUSTMENTS AND CLOSING OF PROJECTS – ECONOMIC STIMULUS FUND (ESF) PROGRAM

 

COMMITTEE RECOMMENDATIONS

That Council:

1.         Authorize the closing of capital projects listed in Document 1, the funding of deficits as identified and the return of balance of funds to funding sources;

 

2.         Receive the budget adjustments in Document 2 undertaken in accordance with the Delegation of Authority By-law No. 2012-109, as amended, as they pertain to capital works.

 


 

TRANSPORTATION COMMITTEE REPORT 25

 

F

OLD OTTAWA SOUTH LOCAL AREA PARKING STUDY

 

COMMITTEE RECOMMENDATION
That Council receive the Old Ottawa South Local Area Parking Study.

 

DISPOSITION OF ITEMS APPROVED BY COMMITTEES UNDER DELEGATED AUTHORITY

 

That Council receive the list of items approved by its Committees under Delegated Authority, attached as Document 1.

 

MOTION TO ADOPT REPORTS

 

(Councillors R. Chiarelli and E. El-Chantiry)

 

MOTIONS OF WHICH NOTICE HAS BEEN PREVIOUSLY GIVEN

 

MOTION
Moved by Councillor D. Thompson
Seconded by Councillor S. Moffatt:
WHEREAS Rogers Communications has applied to Industry Canada for the installation of a 210 foot (70 meter) Communications Tower on Sale Barn Road; and
WHEREAS the City of Ottawa is one of the commenting agencies on this application; and
WHEREAS the adjacent residents have expressed a concern that Rogers Communications has not followed guidelines relating to minimizing impact on residential communities with the proposed location of this Antenna Tower on Sale Barn Road; and
WHEREAS there is concern by adjacent residents that public consultation was inadequate for this site; and
WHEREAS there is concern by local residents on the negative health impact on the public;
THEREFORE BE IT RESOLVED that City Staff recall their concurrence on this project and that City Staff work with Rogers Communications for an alternate location.

 

MOTIONS REQUIRING SUSPENSION OF THE RULES OF PROCEDURE

 

 

WEST CARLETON ENVIRONMENTAL CENTRE NEW LANDFILL ENVIRONMENTAL ASSESSMENT REVIEW

 

Moved by / Motion de:   Councillor E. El-Chantiry
Seconded by / Appuyée par: Councillor S. Qadri
BE IT RESOLVED THAT Council waive the Rules of Procedure to consider the following motion at its meeting of 27 March 2013, because the comment period for the Amended Environmental Assessment (Amended EA) for a new landfill footprint at West Carleton Environmental Centre ends April 2, 2013; and
 
WHEREAS the Ministry of the Environment has jurisdiction over approval and oversight of environmental assessments in accordance with the Environmental Assessment Act; and
 
WHEREAS the purpose of the Environmental Assessment Act is the betterment of the people of the whole or any part of Ontario by providing for the protection, conservation and wise management of the environment; and
 
WHEREAS environmental assessments are an important and significant mechanism in the furtherance of the Act’s purpose in that assessments determine the ecological, cultural, economic, and social impact of a project and that assessments serve a key part of the planning process; and
 
WHEREAS on April 10, 2010, Waste Management of Canada announced it was initiating an Environmental Assessment for the expansion of their existing facility to adjacent lands that it owns and/or has an option to purchase on Carp Road; and
 
WHEREAS on November 25, 2010, Waste Management of Canada received approval from the Ministry of the Environment to proceed with an Environmental Assessment; and
 
WHEREAS a final Environmental Assessment was submitted to the Ministry of the Environment on September 14, 2012 and the process allowed for agency and public comment on the Environmental Assessment; and
 
WHEREAS the City staff had reviewed the Environmental Assessment and identified a number of concerns and deficiencies relating to same as set out in the staff Report on the  Environmental Assessment of a New Landfill Footprint at the West Carleton Environmental Centre (ACS2012-COS-ESD-0013); and
 
WHEREAS the Environment Committee at its public meeting of October 16, 2012 endorsed the Staff Report; and
 
WHEREAS City Council at its public meeting of October 24, 2012 approved the recommendations of the Environment Committee and additional motion items relating to the Environmental Assessment, including the submission that the capacity of the proposed facility be reduced to 4 million cubic metres; and
 
WHEREAS the City’s concerns had been forwarded to the Ministry of the Environment as part of the agency and public consultation process; and
 
WHEREAS Waste Management of Canada submitted an Amended Environmental Assessment to the Ministry of the Environment on January 21, 2013 and the Ministry released its Review of same dated February 22, 2013; and
 
WHEREAS the concerns and deficiencies previously raised by the City through its public consultation process in 2012, have not been resolved in the Amended Environmental Assessment or in the Ministry’s Review and it appears that the Ministry of the Environment may recommend to the Minister of the Environment approval of the project without sufficient regard to the City’s concerns; and
 
WHEREAS there is a further opportunity for agency and public input on the Amended Environmental Assessment by April 2, 2013;  and
 
WHEREAS it is prudent for the City to reiterate its concerns to the Ministry of Environment, and directly to the Minister of the Environment, given that the Minister has the ultimate discretion and decision making authority on the Amended Environmental Assessment and project; and
 
THEREFORE BE IT RESOLVED THAT Council:
 
1.         Reiterate its concerns on the Environmental Assessment, which were carefully arrived following staff’s technical review of the Environmental Assessment and was further based upon the public consultations conducted by Council; and
 
2.         That Council support the Mayor providing a further submission in the form and content of the draft letter attached hereto as Document 1, to the both the Minister of the Environment and the Ministry of Environment in accordance with the current public consultation deadline, reiterating Council’s outstanding concerns and that the Minister of the Environment, being the ultimate decision maker on Environmental Assessments, give weight to the City’s concerns and incorporate same into the decision making process and result.
 
3.         That the legal opinion provided by Heenan Blaikie in this matter be made public.

 

NOTICES OF MOTION (FOR CONSIDERATION AT SUBSEQUENT MEETING)

 

MOTION TO INTRODUCE BY-LAWS

 

(Councillors R. Chiarelli and E. El-Chantiry)

 

FIRST AND SECOND READINGS

A by-law of the City of Ottawa to raise money to aid in the construction of drainage works under the Tile Drainage Act, R.S.O. 1990, c. T.8

 

 

THREE READINGS

 

a)        A by-law of the City of Ottawa to establish certain lands as common and public highway and assume them for public use (Hazeldean Road).
b)        A by-law of the City of Ottawa to establish certain lands as common and public highway and assume them for public use (Hawthorne Road, Trim Road, Montreal Road, Pierce Road).
c)         A by-law of the City of Ottawa to close Parts of untravelled road allowances (Olive Street, Cherry Street, Cedar Street and Maple Street) located in the Geographic Township of Gloucester, City of Ottawa.
d)        A by-law of the City of Ottawa respecting the delegation of authority to various officers of the City and to repeal By-law No. 2012-109.
e)        A by-law of the City of Ottawa to amend By-Law No. 2003-500 respecting the water rates and other water system charges.
f)         A by-law of the City of Ottawa to amend By-law No. 2003-514 respecting fees for sewer use.
g)        A by-law of the City of Ottawa to change the name of municipal highways in the City of Ottawa.
h)        A by-law of the City of Ottawa to designate certain lands at 50 to 75 and 101 to 125 (odd numbers only) Nutting Crescent being exempt from Part Lot Control.
i)          A by-law of the City of Ottawa to designate certain lands at 103, 105, 107 109 and 111 Dean Martin Crescent and 200 to 232 (even numbers only) Pondview Crescent, being exempt from Part Lot Control.
j)          A by-law of the City of Ottawa to designate certain lands at 1400 to 1403 Carronbridge Circle being exempt from Part Lot Control.
k)         A by-law of the City of Ottawa to designate certain lands on Grenadine Street, Maple Grove Road, Cayman Road, Campobello Drive, Par-la-Ville Circle and Menorca Drive being exempt from Part Lot Control.
 
l)          A by-law of the City of Ottawa to designate certain lands on Meadowbreeze Drive, Meadowcreek Circle, Streambank Street and Coldwater Crescent being exempt from Part Lot Control.
m)       A by-law of the City of Ottawa to establish certain lands as common and public highway and assume it for public use (Valin Street).
n)        A by-law of the City of Ottawa to amend By-law No. 2004-60 to appoint Municipal Law Enforcement Officers in accordance with private property parking enforcement.
o)        A by-law of the City of Ottawa to amend By-law No. 2003-499 respecting fire routes.
p)        A by-law of the City of Ottawa to amend By-law No. 2003-462 respecting the erection height   and maintenance of fences.
q)        A by-law of the City of Ottawa to amend By-law No. 2008-250 of the City of Ottawa to remove the holding symbol from the lands known municipally as 575, 585 and 595 Industrial Avenue.
r)         A by-law of the City of Ottawa to authorize the entering into the Contribution Agreement with the Government of Ontario relating to the Britannia Village Flood Control Project and the Belltown Flood Control and Mapping Project for funding provided by the Government of Ontario.
s)         A by-law of the City of Ottawa to amend By-law No. 2008-250 of the City of Ottawa to change the zoning of lands known municipally as 1050, 1100 and 1101 Canadian Shield Avenue and 1100, 1140 and 1200 Maritime Way and Part of 6301 Campeau Drive.

 

CONFIRMATION BY-LAW

 

(Councillors R. Chiarelli and E. El-Chantiry)  

 

INQUIRIES

 

ADJOURNMENT

 

(Councillors R. Chiarelli and E. El-Chantiry)  

 

 

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

 

NOTICE

In Camera Items are not subject to public discussion or audience.  Any person has a right to request an independent investigation of the propriety of dealing with matters in a closed session.   A form requesting such a review may be obtained, without charge, from the City’s website or in person from the Chair of this meeting.  Requests are kept confidential pending any report by the Meetings Investigator and are conducted without charge to the Requestor.

 

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