MOMENT OF SILENCE

NATIONAL ANTHEM

The National Anthem was performed by Chelsea Kisil.

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

The Minutes of the regular meeting of 27February 2013 were confirmed.

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 would be absent from the Council meeting of 27 March 2013.

MOTION TO INTRODUCE REPORTS

MOTION NO. 51/1

Moved by: Councillor R. Chiarelli

Seconded by: Councillor E. El-Chantiry

That Agriculture and Rural Affairs Committee Report 29; Community and Protective Services Committee Report 21; Finance and Economic Development Committee Report 30; and Transportation Committee Report 25, be received and considered; and,

That the Rules of Procedure be suspended to receive and consider Ottawa Board of Health Report 8, as the report was not distributed with the Draft Agenda; and.

That the Rules of Procedure be suspended to receive and consider Planning Committee Report 46, because of the urgency of the items contained in the report (specific reasons set out below.)

And that the petition from residents listed under Communications be received.

(Waiver of the Rules is being requested for Planning Committee Report 46 (Item 6 of the Agenda), due to timelines, as a number of planning approvals are required, and the applicant would like construction to begin this summer.)

(Waiver of the Rules is being requested for Planning Committee Report 46 (Item 7 of the Agenda), due to timelines and in order to avoid further delays so that building can begin in the spring.)

CARRIED

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 the information of its members, in accordance with the City of Ottawa Act.

RECEIVED

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.

COMMUNITY AND PROTECTIVE SERVICES COMMITTEE REPORT 21

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

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.

CARRIED

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 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.

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.

RECEIVED

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.

RECEIVED

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

MOTION NO. 51/2

Moved by: Councillor R. Chiarelli

Seconded by: Councillor E. El-Chantiry

That Ottawa Board of Health Report 8; Agriculture and Rural Affairs Committee Report 29; Community and Protective Services Committee Report 21; Finance and Economic Development Committee Report 30; Planning Committee Report 46; and Transportation Committee Report 25, be received and adopted as amended.

CARRIED

MOTIONS OF WHICH NOTICE HAS BEEN PREVIOUSLY GIVEN

MOTION NO. 51/3

Moved by Councillor D. Thompson

Seconded by Councillor B. Monette

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

MOTION NO. 51/4

Moved by Councillor M. McRae

Seconded by Councillor K. Hobbs

That Council waive the Rules of Procedure to consider the following motion at its meeting of 27 March 2013, as the Delegation of Authority by-law (containing the amendments approved by Council in conjunction with the Mid-term Governance Report) is listed as item d) under the heading “Motion to Introduce By-laws, Three Readings” and it would be prudent to include the amendment proposed in this motion, in the By-law.

WHEREAS the Delegation of Authority By-law currently delegates authority to the General Manager of Planning and Growth Management and Managers of Development Review to authorize the Mayor and City Clerk and Solicitor to sign a plan of subdivision as an owner where the City is the owner of an unimproved road allowance and draft approval has been given; and

WHEREAS there are instances where City-owned lands are included in a draft approved plan of subdivision where the lands are not an unimproved road allowance but are lands intended for a public purpose such as a park or storm water management facility; and

WHEREAS it would be appropriate for the City to sign a plan of subdivision in these instances as the lands will continue to be in City ownership and will be used for a public purpose;

THEREFORE BE IT RESOLVED THAT:

1.    Section 6 of Schedule “C” of By-law No. 2012-109, the Delegation of Authority By-law, be amended to permit the General Manger of Planning and Growth Management and the Managers of Development Review to authorize the Mayor and City Clerk and Solicitor to sign a plan of subdivision as an owner where the lands within the plan of subdivision are intended for a public purpose.

CARRIED

MOTION NO. 51/5

Moved by Councillor M. Taylor

Seconded by Councillor S. Qadri

That the Rules of Procedure be waived, due to time constraints associated with the fact that there was only one Council meeting in March and the fact that the new City of Ottawa Advisory Committees will begin holding regular meetings within the next two weeks, to consider the following motion:

WHEREAS at its meeting of 12 September 2012, Council approved a report titled “Advisory Committee Renewal to Support Council’s Term of Council Priorities” (ACS2012-CMR-CCB-0032), which recommended the restructuring of City Council’s Advisory Committees; and

WHEREAS the above-referenced report also recommended the appointment of Councillor liaison Members to the various Advisory Committee, and

WHEREAS the role of the Councillor liaison Members, as stated in the above-referenced report, will be to provide a conduit for citizen feedback to the parent Standing Committee while also conveying Council’s strategic priorities to the Advisory Committee;

THEREFORE BE IT RESOLVED that Council appoint Councillors to serve as liaison Members to the various Advisory Committees as follows:

Accessibility Advisory Committee – Councillor Shad Qadri

Arts, Culture, Heritage and Recreation Advisory Committee – Councillor Mathieu Fleury

Community Services Advisory Committee – Councillor Mark Taylor

Environmental Stewardship Advisory Committee – Councillor Scott Moffatt

French Language Services Advisory Committee – Councillor Bob Monette

CARRIED

MOTION NO. 51/6

Moved by Councillor K. Hobbs

Seconded by Councillor J. Harder

That the Rules of Procedure be waived, due to time constraints associated with the impending construction season and the particular project at 114 Richmond Road and the fact that there was only one Council meeting in March, to consider the following motion:

WHEREAS Section 23 (Exemption – Construction Equipment) of the Noise By-law provides only for short-term and time-limited exemptions on construction noise; and

WHEREAS a significant high-rise construction project is scheduled to be undertaken on Richmond Road in Kitchissippi Ward 15, for which the construction activities are expected to be beyond the scope of the noise-related regulations in Section 7 (Construction) of the Noise By-law; and

WHEREAS customary practices for the construction of such high-rise reinforced concrete structures unavoidably give rise to three categories of noise:

1.            Excavations requiring dewatering – gas-operated motors are used to activate pump systems, and must be operated beyond the 2200-hour time limit prescribed in the Noise By-law to avoid substantial damage and dangerous water levels; and, this activity continues at the site until the lower portions of the new structure are actually connected to City storm sewers;

2.            Pouring of fresh concrete – this needs to be kept above freezing in order for the chemical curing process to complete in accordance with the structural engineer’s specifications, and normal industry practice; this heating is accomplished by means of gas-fired portable heaters which must operate continuously (24 hours a day, 7 days a week) during the “heating season”, normally October 1^st to May 1^st;

3.            Pouring of fresh concrete slabs (floors) – these must have their top surfaces trowelled prior to set-up of the concrete, which is done with gas-fired motorized trowel machines operating after each slab is poured and until the optimum finish is achieved, normally into the evening of the day of the pour, often beyond the upper time limit prescribed by the Noise By-law; 

THEREFORE BE IT RESOLVED that the construction equipment being used in relation to the project at 114 Richmond Road be exempt from Section 7 of the Noise By-law such that it may operate between the hours of 2200 and 0700, seven days per week, from the date of Council approval until May 1, 2013, and between the hours of 2200 and 0200, Monday to Friday from May 2, 2013 until August 23, 2013 inclusive.

CARRIED

MOTION NO. 51/7

Moved by: Councillor S. Desroches

Seconded by: Councillor M. Wilkinson

BE IT RESOLVED THAT the Rules of Procedure be suspended, due to the short time frame related to the impending commencement of the concrete pouring and related activities required for the Lansdowne redevelopment and the fact that there was only one Council meeting in March, to allow the introduction of the following motion; 

WHEREAS the current phase of the Lansdowne redevelopment approved by Council requires the pouring and finishing of concrete together with the use of certain tools and equipment by the contractors participating in the project, and such work is to commence imminently and to continue intermittently until the completion of the Lansdowne reconstruction, which is estimated to be in mid-2015; and

WHEREAS the nature of such concrete-related activities is such that once it commences in a certain area it must be carried through continuously for optimal results, and this is expected to produce noise that is beyond the provisions of the current Noise By-law; and

WHEREAS staff seek Council approval to create an exemption for these concrete-related activities up until 1:00 a.m. from Monday to Friday during the week, and up until 1:00 a.m. on Saturday mornings,  with the exception of a limited number of longer concrete pours that  are deemed necessary by the General Manager of Infrastructure Services and that may take up to 24 continuous hours during the week; and

WHEREAS staff propose that the contractors be required to give advance notice of such activities to City staff so that staff can provide appropriate advance public notice, for example on the City’s website;

BE IT RESOLVED THAT Council approve an amendment to the Noise By-law (By-law 2004-253, as amended), to authorize noise generated by concrete pouring and related works at Lansdowne up until 1:00 a.m. from Monday to Friday and up until 1:00 a.m. on Saturday mornings, with the exception of a limited number of concrete pours occurring for up to 24 hours during the week, as specifically detailed in the draft amendment attached as Document 1;

BE IT FURTHER RESOLVED THAT the General Manager of Infrastructure Services (or a designate) be directed to post an appropriate public notice, for example on the City’s website, of the expected days and times of such concrete pours and related works and to advise the Chief of By-law and Regulatory Services.

CARRIED with Councillor D. Chernushenko dissenting.

MOTION NO. 51/8

Moved by: Councillor M. Taylor

Seconded by: Councillor E. El-Chantiry

That Council waive the Rules of Procedure to consider the following motion, due to the Province of Ontario’s requirement to have an executed Britannia Village Flood Control Project and the Belltown Flood Control and Mapping Project Contribution Agreement with the Government of Ontario by March 31, 2013:

WHEREAS the Government of Ontario is investing in infrastructure; and

WHEREAS the City of Ottawa applied for funding for its Project, which is to provide for the construction of the Britannia Village Flood Control Project and the Belltown Flood Control and Mapping Project (“Project”);

WHEREAS the Government of Ontario is of the opinion that the Project is worthy of financial assistance; and

WHEREAS the Government of Ontario has provided to the City of Ottawa for execution, the Britannia Village Flood Control Project and the Belltown Flood Control and Mapping Project Contribution Agreement (“Agreement”) for the funding of the Project; and

WHEREAS the Government of Ontario requires that the City of Ottawa and Government of Ontario execute the Agreement by March 31, 2013;

THEREFORE BE IT RESOLVED THAT City Council approve the Britannia Village Flood Control Project and the Belltown Flood Control and Mapping Project Contribution Agreement for execution, and the enacting by-law (listed as by-law “xxxx”) under the item “Motion to Introduce By-laws”, on the Agenda); and

BE IT FURTHER RESOLVED that the Mayor and the Deputy City Clerk be authorized to execute the Agreement on behalf of the City of Ottawa as soon as possible after the approval of this motion; and

BE IT FURTHER RESOLVED that Council authorize the Deputy City Manager, Planning and Infrastructure to make any administrative revisions to the Agreement considered necessary by the Government of Ontario.

CARRIED

MOTION NO. 51/9

Moved by: Councillor E. El-Chantiry

Seconded by: 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.

Motion No. 51/9 was CARRIED on a division of 22 YEAS to 0 NAYS as follows:

Yeas (22): Councillors: D. Deans, B. Monette, R. Bloess, M. McRae, A. Hubley, S. Qadri, P. Hume, S. Desroches, D. Holmes, E. El-Chantiry, R. Chiarelli, K. Hobbs, T. Tierney, M. Fleury, M. Wilkinson, P. Clark, K. Egli, M. Taylor, D. Thompson, D. Chernushenko, J. Harder and Mayor J. Watson.

Nays (0):

MOTION NO. 51/10

Moved by: Councillor R. Chiarelli

Seconded by: Councillor K. Egli

That the Rules of Procedure be waived, due to the fact that only the Q1 grant was provided to the Nepean Museum and March 31, 2013 is the end of Q1, to consider the following motion:

WHEREAS on February 13, 2013, as part of the Mid-Term Governance Report, City Council approved that the Parks, Recreation and Culture Department assume responsibility for operation of the Nepean Museum and Fairfield Historic Site, with the assistance of a Departmental Advisory Group of Nepean residents, to ensure the long-term viability of the Museum and Fairfield Historic Site; and

WHEREAS the staff report recommended that the Nepean Museum Board be given 60 days’ to wind down its operations in accordance with the current Service Level Agreement; and

WHEREAS City Council, based on a Finance and Economic Development Committee recommendation, put in place a longer transition period such that the final transition date would be June 30, 2013; and

WHEREAS staff did not, at that time, put a plan in place to address funding for Q2, which is forecasted to be  approximately $35K each month for operations (staff, rent, overhead, etc.), to account for the longer transition period; and

WHEREAS to address this oversight, City staff advised the Nepean Museum Board to fund transition and operating costs from the Nepean Museum Board Reserve Fund; and

WHEREAS the resulting depletion of the Nepean Museum Reserve Fund is not in the long-term best interests of the Museum; and

THEREFORE BE IT RESOLVED THAT:

1.    To facilitate the extended transition period, City Council authorize the release of a portion of the Q2 operating grant for the Nepean Museum in the amount of $35,000 per month for ongoing operating expenses, subject to a requirement for an extended service agreement that provides funding as approved in the City Budget and prohibits personnel changes without prior City consent; and

2.    The Nepean Museum Board be permitted to expend any portion of the Reserve Fund provided by outside agencies, that would have to be remitted to these agencies, if the funds were not spent and the project they are tied to is not delivered. 

3.    As a condition of this ongoing funding, the Nepean Museum Board be required to remit to the City on the final transition date of June 30, 2013, the full amount of the Reserve Fund on account as of March 31, 2013.    

CARRIED

NOTICES OF MOTION (FOR CONSIDERATION AT SUBSEQUENT MEETING)

Moved by: Councillor K. Egli

Seconded by: Councillor R. Chiarelli

WHEREAS Council on April 11^th, 2012 approved, pursuant to the Brownfields Program, the provision of tax assistance/rehabilitation grant/development charge relief in respect of 280-300 West Hunt Club; and

WHEREAS, pursuant to Council policy, such assistance ceases if any portion of the subject property is sold;

WHEREAS there is a pending development proposal for a hotel and ancillary buildings by a third party for a portion of 280-300 West Hunt Club that studies have indicated as not having contaminated soil; and

WHEREAS the third party desires to purchase this portion of 280-300 West Hunt Club; and

WHEREAS the development of this portion of the site will bring additional taxable assessment to the City;

THEREFORE BE IT RESOLVED THAT:

1.    Subject to recommendation 2, 280-300 West Hunt Club will continue to be eligible for the Tax Assistance/Rehabilitation Grant/Development Charge components of the Brownfields Program approved on April 11^th, 2012 in FEDCO Report 19, Item 6, notwithstanding that Parts 58, 60 and 61 on Plan 4R-25947 and Parts 7 and 8 on Plan 4R-26850 (the “hotel” site) is conveyed to another person.

2.    In the event that the hotel site is conveyed to another person, the hotel site will no longer be eligible for tax assistance or development charge relief.

MOTION TO INTRODUCE BY-LAWS               FIRST AND SECOND READINGS

THREE READINGS

MOTION NO. 51/11

Moved by : Councillor R. Chiarelli

Seconded by : Councillor E. El-Chantiry

That the following by-laws be enacted and passed:

2013-68            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).

2013-69            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).

2013-70            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.

2013-71            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.

2013-72            A by-law of the City of Ottawa to amend By-Law No. 2003-500 respecting the water rates and other water system charges.

2013-73            A by-law of the City of Ottawa to amend By-law No. 2003-514 respecting fees for sewer use.

2013-74            A by-law of the City of Ottawa to change the name of municipal highways in the City of Ottawa.

2013-75            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.

2013-76            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.

2013-77            A by-law of the City of Ottawa to designate certain lands at 1400 to 1403 Carronbridge Circle being exempt from Part Lot Control.

2013-78            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.

2013-79            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.

2013-80            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).

2013-81            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.

2013-82            A by-law of the City of Ottawa to amend By-law No. 2003-499 respecting fire routes.

2013-83            A by-law of the City of Ottawa to amend By-law No. 2003-462 respecting the erection height   and maintenance of fences.

2013-84            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.

2013-85            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.

2013-86            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.

CARRIED

CONFIRMATION BY-LAW

ADJOURNMENT

CITY CLERK

MAYOR