City Council

That the report from the Deputy City Manager, Planning and Infrastructure, entitled “Design, Build, Finance and Maintenance of Ottawa’s Light Rail Transit (OLRT) Project” ; the report from the City Clerk and Solicitor, entitled “ S tatus Update - Council Inquiries and Motions for the Period Ending 14 December 2012”; Police Services Board Citizen Appointment Selection Committee Report 2 ; Audit Sub-Committee Report 2; Agriculture and Rural Affairs Committee Report 26; Finance and Economic Development Committee Report 27; Planning Committee Reports 41 and 42; and, Transportation Committee Report 23, be received and considered; And that the Rules of Procedure be suspended to allow the Citizen Members of the Transit Commission to sit at the Council table to ask questions on the two audits related to OC Transpo during Council’s consideration of the item contained in Audit Sub-Committee Report 2, entitled “ Office of the Auditor General (OAG) - 2011 Annual Report and Detailed Audit Reports.”

WHEREAS Schedule 3 of the staff Report proposes an amendment to the Noise By-law (By-law 2004-253, as amended) to provide extended times for the construction of the tunnel portion of the Confederation Line of the Ottawa Light Rail Transit Project; AND WHEREAS a number of clarifications are necessary to give full effect to the proposed amendments, including the detailing of specific portions of the construction work and activities to be undertaken together with the associated permitted days and times of construction and applicable noise levels, AND WHEREAS a new draft amending by-law has been prepared for clarification; BE IT RESOLVED THAT the draft amending by-law attached at Schedule 3 of the Report be deleted and the revised amending by-law attached hereto be substituted in its place. BY-LAW NO. 2012 - A by-law of the City of Ottawa to amend By-law No 2004-253 respecting noise from construction of the Confederation Line Project of the Light Rail Transit Project. WHEREAS, on December 19 th , 2012, this Council determined that By-law No. 2004-253 respecting noises, as amended, should be further amended to implement the Confederation Line Project of the Ottawa Light Rail Transit project as hereinafter set out; THEREFORE, the Council of the City of Ottawa enacts as follows: 1. Section 1 of By-law No. 2004-253 entitled “A by-law of the City of Ottawa respecting noises”, as amended, is amended by adding the following definition thereto: “Confederation Line Project” means those se

That the Rules of Procedure be suspended, due to the fact that the fees below are budgeted to come into effect on January 1, 2013, to consider the following motion: WHEREAS City Council approved the 2013 Operating and Capital Budget at its meeting of November 28, 2012; and WHEREAS a rounding error has been identified in five of the Planning and Growth Management Department’s 2013 approved Encroachment fee rates; and WHEREAS the resulting rounding up or down of these rates, if unchanged, will cause a large percentage adjustment to the 2012 rates, and have a large impact on clients, which was not the Department’s intent; and WHEREAS these Encroachment Fee rates are applied based on the actual area occupied by an encroachment and have historically been precise; THEREFORE BE IT RESOLVED that City Council approve the revised 2013 Encroachment rates as outlined in the following table: Fee Type Approved 2011 rate Approved 2012 rate Approved 2013 rate Recommended revised 2013 rate Surface Encroachment/Construction -Rental on boulevard per sqm/day $0.55 $0.57 $1.00 $0.58 -Rental on sidewalk per sqm/day: $1.29 $1.34 $1.00 $1.37 Outdoor Patio -Daily Rental – per sqm/day $1.30 $1.34 $1.00 $1.37 Tourist Information Kiosk -Rental on unimproved boulevard $0.55 $0.57 $1.00 $0.58 -Rental on Roadway or Sidewalk per sqm/day $1.30 $1.34 $1.00 $1.37

WHEREAS the adjusted fees with regard to the City’s Encroachment By-law are about to come into effect on January 1 st , 2013; and WHEREAS both the City of Ottawa and TKS Holdings Inc. share a desire to ensure that the new development proposed for the building located at 352 Somerset Street West, be initiated as soon as possible; THEREFORE BE IT RESOLVED THAT the Rules of Procedure be waived to consider the following motion. WHEREAS in late 2007 TKS Holdings Inc. (“TKS”) undertook renovation work without a building permit at the building located 352 Somerset Street West and also known as the Somerset House; and WHEREAS the unauthorized renovation resulted in the foundation being undermined in certain areas and the Chief Building Official subsequently issued an order under the Building Code Act that there was the danger of the building collapsing; and WHEREAS a partial demolition was undertaken to the point that the building was restored to a safe state; and WHEREAS the City was successful in its mandatory application to the Court under the Building Code Act to recover most of the costs it had incurred as a result of this matter, being $316,201, along with $226, 310 in legal costs; and WHEREAS TKS had appealed that ruling as well as initiated a separate action against the City for approximately $5M; and WHEREAS the Parties have recently resolved all of the litigation associated with Somerset House whereby TKS paid to the City $650,000 in full and final settlement of all of thes

THAT the Rules of Procedure be suspended, due to the fact that applications for a limited number of spots in the FIT program will be accepted until January 18, 2013, Council support for applications is a factor in favour of individual projects, and the next Council meeting is scheduled for January 23, 2013, to consider the following motion: WHEREAS on December 14, 2012, the Ontario Power Authority (OPA) opened the application window for green energy projects between 10kw and 500kw under the provincial (FIT) program, and that same day, OPA announced the window will close on January 18, 2013, five days before the next Council meeting; and WHEREAS the City of Ottawa has received a number of requests for support for individual projects across the rural area and City Council support for individual applications can help projects qualify for the program; and WHEREAS the promotion of green technology aligns with Environmental and Economic Development goals in the 2010 – 2014 Term of Council Priorities; and WHEREAS the OPA requires individual motions of support for each project and the order in which applications are received by the OPA is a consideration in the approval process; THEREFORE BE IT RESOLVED that Council approve the individual motions of support for the Ground Mounted Solar FIT program project applications and the anaerobic digester project application listed as Appendices A through S.

THAT By-law 2012-473 to confirm the proceedings of Council be enacted and passed.