SPECIAL OTTAWA CITY COUNCIL
12 november 2009
ANDREW S. HAYDON HALL
10:00 a.m.
AGENDA 77
Special
Meeting Called by His Worship Mayor O’Brien
to deal with matters related to the report from the City Manager on the Proposed Lansdowne Park Partnership Plan and any supplementary reports;
a report from the Auditor General entitled "Office
of the Auditor General - 2009 Audit of the Lansdowne Park Proposal Process”; and also for the purpose of
considering Motion No. 65/13 (referred from the Council meeting of 2 September
2009).
1. Prayer
2. Roll Call
3. Declarations
of interest including those originally arising from prior meetings
4. Communications
No Communications filed
to date
5. Regrets
No regrets
filed to date.
6.
Resolving Into Committee of the Whole
(Councillors
G. Bédard and S. Desroches)
November
12th
Hearing of Public Delegations
7. Postponements and
Deferrals
CITY COUNCIL – 22 APRIL 2009
CORPORATE SERVICES AND ECONOMIC DEVELOPMENT COMMITTEE
AND PLANNING AND ENVIRONMENT COMMITTEE JOINT REPORT 1
|
1. ASSESSMENT OF STADIUM PROPOSALS – OSEG
(LANSDOWNE LIVE) AND SENATORS SPORTS & ENTERTAINMENT (SS&E), KANATA |
MOTION NO. 65/13
Moved by Councillor
M. Wilkinson
Seconded by
Councillor S. Qadri
WHEREAS the City
of Ottawa has received an unsolicited proposal from the Senators Sports and
Entertainment (SS&E) to provide a stadium for professional soccer in
Ottawa; and
WHEREAS the
growth in popularity of soccer would benefit from a dedicated facility and the
provision of community fields would be beneficial to the City of Ottawa;
THEREFORE BE IT
RESOLVED that the City of Ottawa be directed to negotiate an agreement with the
Senators Sports and Entertainment (SS&E) to develop 30 acres of City-owned
land along Palladium Drive for a soccer specific stadium and community soccer
fields, subject but not limited to the following terms and conditions:
1. SS&E receiving
confirmation of a Major League Soccer (MLS) Franchise prior to development of
the stadium;
2. That ownership of the
stadium and community fields remain with the City of Ottawa;
3. The financial
contribution from the City for the stadium be limited to $17 million;
4. That the City of Ottawa
supports the SS&E in raising the additional funds to construct the
facility;
5. That 50% of all profits from every operation in
the stadium be paid to the City of Ottawa; and.
6. That the City and
SS&E agree to expedite further development on SS&E lands that are
estimated to provide $5 million annually in property taxes.
BE IT FURTHER RESOLVED that the negotiations take
place within a 90-day timetable.
MOTION NO. 65/14
Moved by Councillor
M. Wilkinson
Seconded by
Councillor S. Qadri
That Motion No. 65/13 (Revised C) be tabled until the
report on the results of the OSEG negotiations is before Council.
MOTION NO. 65/15
Moved by Councillor G. Hunter
Seconded by Councillor A. Cullen
That Motion No. 65/13 (Revised C) be tabled until
Council has made a final decision on the OSEG proposal.
Motion No. 65/14 was put to Council and TABLING CARRIED
on a division of 13 YEAS to 8 NAYS as follows:
YEAS (13): Councillors E. El-Chantiry, M. Wilkinson, R. Chiarelli,
P. Hume, P. Feltmate, J. Harder, S. Qadri, G. Brooks, R.
Bloess, D. Deans, B. Monette, M. McRae and Mayor O’Brien.
NAYS (8): Councillors D. Holmes, C. Doucet, J. Legendre, A. Cullen, G.
Hunter, R. Jellett, M. Bellemare and C. Leadman.
Motion 65/14 having CARRIED, Motion 65/15 was ruled
REDUNDANT.
CITY COUNCIL – 2 SEPTEMBER 2009
(Note: The following motion was considered later in the meeting but is set out immediately below for ease of reference.)
MOTION NO.
71/2
Moved by
Councillor M. Wilkinson
Seconded
by Councillor S. Qadri
That Motion No. 65/13 be referred to the
Council meeting where the final decision is made on Lansdowne Park.
CARRIED
CITY COUNCIL – 2 SEPTEMBER 2009
CITY MANAGER
PROPOSED LANSDOWNE PARK
PARTNERSHIP PLAN
PROPOSITION DU PROJET DE
PARTENARIAT POUR LE PARC LANSDOWNE
REPORT RECOMMENDATION
That Council:
1.
Receive and table the Lansdowne Partnership Plan for subsequent consideration by a Joint Corporate Services and Economic
Development and Planning and Environment Committee meeting on October 26October
26, 2009 and City Council on November 12, 2009;
2.
Approve the public consultation plan as
outlined in this report, and provide a supplementary
report on the results of public consultations to the October 26, 2009
Joint Committee meeting;
3.
Direct staff to prepare a second supplementary report detailing the
next steps that would be required for the implementation of a Lansdowne
Partnership Plan, including the requirements for the creation
establishment of a Municipal Service
Corporation, and an understanding of the resourcing
requirements,
and how risk transfer could be assigned, for the consideration of the Joint Corporate Services and Economic Development and Planning and
Environment Committee meeting on October 26October
26, 2009 and City Council on November 12, 2009;
4.
Authorize the City Manager to
expend the funds necessary to conduct the public consultations
and develop the
detailed implementation report.
Subsequent to the staff presentation on this item, Mayor O’Brien ruled that only questions related to the recommendations contained in the staff report would be entertained. Councillor Cullen challenged the Mayor’s ruling. Mayor O’Brien was sustained on a division of 13 YEAS to 8 NAYS as follows:
YEAS (13): Councillors P. Hume, G. Brooks, R. Jellett, R. Bloess, S. Qadri, R. Chiarelli, J. Harder, B. Monette, E. El-Chantiry, G. Hunter, D. Thompson, M. Bellemare and Mayor O’Brien.
NAYS (8): Councillors A. Cullen, C. Leadman, S. Desroches, D. Deans, M. Wilkinson, P. Feltmate, D. Holmes and J. Legendre.
MOTION NO.
71/13
Moved by
Councillor D. Holmes
Seconded
by Councillor J. Legendre
WHEREAS Council, on 23 April 2009, directed a process of negotiation
with OSEG with respect to the future of Lansdowne Park; and
WHEREAS the results of this negotiation with an unsolicited
sole-source proponent have been presented to Council; and
WHEREAS it is apparent that there are other visions for the best use
of this important public asset; and
WHEREAS Council deems it appropriate to allow
time for a process for all visions for Lansdowne Park to be presented and
evaluated in a competitive process;
THEREFORE BE IT RESOLVED that the report of the City Manager
“Proposed Lansdowne Park Partnership Plan” be laid on the table.
MOTION NO.
71/14
Moved by Councillor S. Qadri
Seconded by Councillor E. El-Chantiry
That the question be now put.
CARRIED on
a division of 13 YEAS to 11 NAYS as follows:
YEAS (13): Councillors G. Brooks, D. Deans, M. Wilkinson, M. McRae, G. Bédard, S. Qadri, R. Chiarelli, J. Harder, B. Monette, E. El-Chantiry, G. Hunter, D. Thompson and Mayor O’Brien.
NAYS (11): Councillors A. Cullen, P. Hume, C. Leadman, S. Desroches, R. Jellett, P. Feltmate, R. Bloess, D. Holmes, C. Doucet, J. Legendre and M. Bellemare.
Motion No.
71/13 was immediately put to Council and LOST on a division of 7 YEAS to 17
NAYS, as follows:
YEAS (7): Councillors A. Cullen, C. Leadman, G. Bédard, P. Feltmate, D. Holmes, C. Doucet and J. Legendre.
NAYS (17): Councillors P. Hume, S. Desroches, G. Brooks, R. Jellett, D. Deans, M. Wilkinson, M. McRae, R. Bloess, S. Qadri, R. Chiarelli, J. Harder, B. Monette, E. El-Chantiry, G. Hunter, D. Thompson, M. Bellemare and Mayor O’Brien.
MOTION NO.
71/15
Moved by
Councillor A. Cullen
Seconded
by Councillor D. Deans
WHEREAS the responsibility for Parks & Recreation lies with
Community and Protective Services Committee; and
WHEREAS consideration of the Lansdowne Partnership Plan is proposed
to be limited to a joint meeting of Corporate Services and Economic Development
Committee and Planning and Environment Committee;
THEREFORE BE IT RESOLVED that Recommendation
1 be amended to indicate Committee of the Whole (including delegations) and
Council on November 12, 2009, so as to read:
“Receive and table the Lansdowne Partnership
Plan for subsequent consideration by Committee of the Whole (including
delegations) and Council on November 12, 2009.”
CARRIED
MOTION NO.
71/16
Moved by Councillor P. Hume
Seconded by Councillor R. Jellett
That recommendation #1 be amended to add the following:
“and that Council delegate the authority to
the Chairs of the Joint Committee and the Mayor, in consultation with the City
Manager to amend the Committee of the Whole and Council meeting date, should it
be necessary.
WITHDRAWN
MOTION NO.
71/17
Moved by
Councillor C. Doucet
Seconded
by Councillor C. Leadman
WHEREAS The Glebe Business Improvement Area has been promised the
Delcan traffic study that was completed on the original Lansdowne Live proposal
many times and never received it;
THEREFORE BE IT RESOLVED that staff be directed to provide this
study to the Glebe Business Improvement Area as soon as possible.
CARRIED
MOTION NO.
71/18
Moved by
Councillor G. Brooks
Seconded
by Councillor C. Doucet
WHEREAS council has not yet seen the conditional offer from the CFL
to the OSEG;
THEREFORE BE IT RESOLVED that staff be directed to make available to
Council the conditional offer supporting the claim that a stadium must be built
at Lansdowne Park, or that the OSEG must run the football team, and that this
information be made available prior to the Committee of the Whole and Council
meeting.
CARRIED
with Councillors S. Qadri and E. El-Chantiry dissenting.
MOTION NO.
71/19
Moved by Councillor P. Feltmate
Seconded by Councillor D. Holmes
WHEREAS the Lansdowne site was considered too limited to permit the
new main library to be located at Lansdowne Park as public transit at the
Lansdowne site was considered inadequate for the needs of the new library;
WHEREAS a stadium will create more intense demands for transit than
a library;
BE IT RESOLVED that staff be directed to provide the traffic study
which justifies the choice of Lansdowne Park for a stadium.
WITHDRAWN
MOTION NO.
71/20
Moved by
Councillor M. Wilkinson
Seconded
by Councillor P. Feltmate
THEREFORE BE IT RESOLVED that Recommendation 2 be amended by adding
“first phase” after “approve the”; and
BE IT FURTHER RESOLVED that Recommendation 4 be amended by adding
“to an upset limit of $200,000 to be funded from Lansdowne Park Minor Capital
Program 2009”
CARRIED
MOTION NO.
71/21
Moved by
Councillor G. Brooks
Seconded
by Councillor C. Doucet
WHEREAS there is considerable public concern regarding the costs
associated with all aspects of this proposal; and
WHEREAS there is a need for clear, easy to understand yet fully
detailed financial information;
THEREFORE BE IT RESOLVED that staff prepare a list of the
expenditures and incomes, listed separately, to be made available to the public
as part of the public consultation process.
CARRIED
MOTION NO.
71/22
Moved by
Councillor C. Doucet
Seconded
by Councillor R. Jellett
THEREFORE BE IT RESOLVED that visual representations
of Lansdowne Live’s proposal not include City of Ottawa baseball diamonds
adjacent to Lansdowne Park, which are not part of the Lansdowne Live proposal
and are separate legal entities.
CARRIED
MOTION NO.
71/23
Moved by
Councillor C. Leadman
Seconded
by Councillor C. Doucet
THEREFORE BE IT RESOLVED that, of the four Town Hall
meetings proposed, two additional Town Halls be added as follows:
One for Capital Ward where Lansdowne is located and
one in Kitchissippi Ward.
CARRIED
MOTION NO.
71/24
Moved by Councillor P. Hume
Seconded by Councillor P. Feltmate
WHEREAS the OSEG proposal is not the only vision for Lansdowne Park;
and
WHEREAS there are two other proposals for the redevelopment of Lansdowne
Park now in the public domain (Lester Johnson’s Alternative Lansdowne Plan and
Vitally Ottawa – Absolument Ottawa); and
WHEREAS the redevelopment of Lansdowne Park should incorporate the
community’s vision for the site;
THEREFORE BE IT RESOLVED that the public consultations on the
redevelopment of Lansdowne Park include the Lansdowne Partnership Plan and also
provide the opportunity to the proponent of the two additional proposals listed
above to present their proposals as part of the consultations so that the
consultations on the vision for Lansdowne Park are as broad as possible.
WITHDRAWN
MOTION NO.
71/25
Moved by
Councillor G. Brooks
Seconded
by Councillor C. Doucet
WHEREAS there will be costs to the city for the construction of the
stadium and amenities;
THEREFORE BE IT RESOLVED that staff be
directed to include in the implementation report to the Committee of the Whole
and Council, what those initial costs might be and how this would be balanced
by the revenue streams.
CARRIED
MOTION NO.
71/26
Moved by
Councillor C. Doucet
Seconded
by Councillor P. Hume
WHEREAS two previous CFL franchises have not survived at Lansdowne
Park;
THEREFORE BE IT RESOLVED that staff be directed to include in the
implementation report specific information detailing who will assume the costs
of servicing the capital debt and the servicing costs of the stadium if the CFL
Franchise fails.
CARRIED
MOTION NO.
71/27
Moved by
Councillor P. Feltmate
Seconded
by Councillor J. Legendre
WHEREAS this project will be set up as a separate legal entity by
the proponents and the City;
THEREFORE BE IT RESOLVED that, in the implementation report, staff
be directed to provide information detailing who would be responsible when the
Municipal Service Corporation is created if liabilities and deficits arise.
CARRIED
MOTION NO.
71/28
Moved by
Councillor C. Leadman
Seconded
by Councillor C. Doucet
WHEREAS there are financial considerations associated with the
phasing of the components in the OSEG proposal;
THEREFORE BE IT RESOLVED that, in the implementation report, staff
be directed to provide this information, in particular addressing what will be
built first, the stadium or the commercial elements.
CARRIED
MOTION NO.
71/29
Moved by
Councillor D. Holmes
Seconded
by Councillor C. Doucet
WHEREAS there is an expectation that extra care would be required
when evaluating a proposal in the absence of comparative and competitive bids;
THEREFORE BE IT RESOLVED that the implementation report include
provisions for an independent due-diligence financial evaluation of the
proposal and this evaluation will deal with assumptions about interest rates,
construction costs, revenues from football and revenues from taxes.
CARRIED
MOTION NO.
71/30
Moved by
Councillor C. Leadman
Seconded
by Councillor C. Doucet
WHEREAS there are legal and financial consequences related to the
awarding of contracts for this proposal to move forward;
THEREFORE BE IT RESOLVED that staff be
instructed to outline the process for tendering the stadium contracts,
specifically responding to the question will it be the City or OSEG assuming
the lead role, in the implementation report.
CARRIED
MOTION NO.
71/31
Moved by
Councillor D. Deans
Seconded
by Councillor M. Bellemare
WHEREAS Council has decided to consider sole sourcing the Lansdowne
Park project to the OSEG unsolicited proposal; and
WHEREAS not sole sourcing is a standard condition for receiving
federal and provincial grants;
THEREFORE BE IT
RESOLVED that staff be directed to provide information in the implementation
report regarding the eligibility of this project for federal and provincial
funds under the proposed arrangement which will discuss the final disposition
of the project.
CARRIED
MOTION NO.
71/32
Moved by
Councillor D. Deans
Seconded
by Councillor M. McRae
WHEREAS
the Lansdowne Park Proposal includes the assumption that the Central Canada
Exhibition will move to Albion Road; and
WHEREAS the Proposal also refers to a plan to
establish a new trade show venue near the Airport; and
WHEREAS the assumptions regarding the transportation infrastructure
for this part of the City have changed since the decision to move the Central
Canada Exhibition to Albion Road was made;
THEREFORE BE IT RESOLVED the implementation report include a traffic
study for the lands for the Central Canada Exhibition’s relocation and the
potential new trade show site.
CARRIED
MOTION NO.
71/33
Moved by
Councillor D. Holmes
Seconded
by Councillor C. Doucet
WHEREAS Montréal does not allocate bond financing or city park land
from the municipality for the Allouette franchise, it is completely privately
financed;
WHEREAS the OSEG proposal will be dependent on public bond financing
and alienation of a city park for commercial development and city property
taxes;
THEREFORE BE IT RESOLVED that the City Treasurer and City Clerk
& Solicitor prepare a report to Council outlining whether the OSEG proposal
would be compliant with respect to the bonusing provisions of the Municipal
Act, 2001, and that this report be submitted prior to the Committee of the
Whole meeting where public consultations will be presented.
CARRIED
MOTION NO.
71/34
Moved by
Councillor C. Doucet
Seconded
by Councillor G. Bédard
WHEREAS a solicited proposal requires a competitive process for
purchase of city goods and services, and construction; and
WHEREAS City Council has approved a process refining a proposal from
OSEG; and
WHEREAS city staff have been working diligently with the proponents
to clarify and define the proposal;
THEREFORE BE IT RESOLVED that the Auditor-General be requested to
determine if the OSEG bid remains unsolicited or should be considered as a
project subject to the process under the Purchasing By-Law for Requests for
Proposals, and that this report be made available prior to the Committee of the
Whole discussion.
CARRIED on
a division of 14 YEAS to 10 NAYS as follows:
NAYS (10): Councillors S. Desroches, M. Wilkinson, R. Bloess, R. Chiarelli, J. Harder, B. Monette, E. El-Chantiry, G. Hunter, D. Thompson and Mayor O’Brien.
MOTION NO.
71/35
Moved by Councillor G. Bédard
Seconded by Councillor C. Doucet
WHEREAS City Council approved a public design competition for Lansdowne
Park in November 2007 that was scheduled to conclude in December 2008; and
WHEREAS, in March 2008, a conditional CFL franchise was awarded for
Ottawa to the proponents of the Ottawa Stadium Entertainment Group (OSEG),
subject to them reaching an agreement with the City of Ottawa for the use of
Frank Clair Stadium; and
WHEREAS, in June 2008, the public design competition was unilaterally suspended
by staff based on the need for a structural review of Frank Clair Stadium as
well as the conditional offer of a CFL franchise for Ottawa; and
WHEREAS, in October 2008, the proponents of OSEG submitted their
original proposal for the redevelopment of Lansdowne Park (LansdowneLive); and
WHEREAS the City received the final proposal from the OSEG proponents in
March 2009 – three months beyond the original deadline identified for the
completion of the public design competition approved by Council in November
2007; and
WHEREAS Councillors and the public alike have expressed concerns over
the length of time focused on this initiative as well as the apparent lack of
information on a number of the specific details of the OSEG proposal;
THEREFORE BE IT RESOLVED that the Auditor-General be directed to examine all of the relevant information regarding the proposals from the OSEG proponents, including the original CFL franchise offer of March 2008 and, in particular, any specific deadlines included therein, as they relate to the suspension of the public design competition and provide his assessment regarding whether Council was provided with all of the relevant information prior to embarking on this stage of the proposal.
LOST on a
division of 10 YEAS to 14 NAYS as follows:
YEAS (10): Councillors A. Cullen, C. Leadman, D. Deans, M. McRae, G. Bédard, P. Feltmate, D. Holmes, C. Doucet, J. Legendre and M. Bellemare.
NAYS (14): Councillors P. Hume, S. Desroches, G. Brooks, R. Jellett, M. Wilkinson, R. Bloess, S. Qadri, R. Chiarelli, J. Harder, B. Monette, E. El-Chantiry, G. Hunter, D. Thompson and Mayor O’Brien.
MOTION NO.
71/36
Moved by
Councillor J. Legendre
Seconded
by Councillor G. Bédard
WHEREAS as Council has requested an unsolicited proposal for a
Lansdowne Park Partnership Plan;
WHEREAS City staff have reviewed the proposal for value-for-money;
THEREFORE BE IT RESOLVED that the Auditor-General be requested to
consider auditing the staff review of the proposal and that his audit report be
tabled prior to Council’s scheduled approval of this partnership proposal.
CARRIED
The City Manager’s report “Lansdowne Park
Partnership Plan” was then put to Council and CARRIED as amended by Motion Nos.
71/15, 71/17, 71/18, 71/20, 71/21, 71/22, 71/23, 71/25, 71/26, 71/27, 71/28,
71/29, 71/30, 71/31, 71/32, 71/33, 71/34 and 71/36, with Councillors D. Holmes
and C. Doucet dissenting.
8. Motion to Introduce Reports
(Councillors G. Bédard and
S. Desroches)
CITY AUDITOR GENERAL
BUREAU DU VÉRIFICATEUR GÉNÉRAL - VÉRIFICATION DE
2009 DU PROCESSUS DE DEMANDES DE PROPOSITIONS CONCERNANT LE PARC LANSDOWNE
REPORT RECOMMENDATION
That Council receive the attached report: 2009 Audit of the Lansdowne Park Proposal Process.
CITY MANAGER
PLAN DE
PARTENARIAT DU PARC LANSDOWNE – RAPPORT SUR LES RÉSULTATS DES CONSULTATIONS
PUBLIQUES
REPORT RECOMMENDATION
That City Council receive this report for information.
RAPPORT SUR LA MISE EN APPLICATION DU PLAN DE
PARTENARIAT DU PARC LANSDOWNE (PPPL)
REPORT RECOMMENDATIONS
1.
That Council receive the staff
responses set out in Document 1 to the motions and directions given by Council
on September 2, 2009, and by Standing Committees in October 2009, for their
information.
2.
That Council consider the
following recommendations:
a)
That Council approve the
Lansdowne Partnership Plan (LPP) tabled at the Council meeting of September 2,
2009, including the options presented for residential, office and hotel uses,
and direct staff to negotiate a comprehensive project agreement framework with
the Ottawa Sports and Entertainment Group (OSEG) for the consideration of
Council as described in this report, subject to the following:
i)
That a final review of the
financial projections of the LPP is completed and that the Office of the
Auditor General provides Council with a supplementary report on the accuracy of
these forecasts as well as the reasonableness of the assumptions used;
ii)
That transportation studies and
supporting transportation demand management plans be completed to determine
whether or not impacts on traffic circulation and on-street parking resulting
from the implementation of the LPP can be reasonably accommodated and that the
transportation strategy outlined in the LPP will work as anticipated;
iii)
That
a third-party, independent peer review of the Lansdowne Retail Market Demand
and Impact Analysis produced by Tate Economic Research Inc. and the Market
Research Study: Glebe Business Improvement Area Ottawa, Ont. produced by
the Market Research Corporation be undertaken to determine whether or not the
commercial component of the LPP is viable, is compatible with the desire to
have destination specific retail and is complementary and supportive of the
existing Bank Street retail business community;
iv) That Shenkman Corporation be directed to submit a formal proposal to
the City for the construction and operation of a Trade and Consumer Show
facility at the Ottawa Airport prior to February 15, 2010, with the
understanding that the City, following receipt of the proposal, will
immediately issue a public Request for Expressions of Interest to determine
whether there is the potential for competing qualified proposals;
v)
That a detailed public
consultation process be developed in partnership with the National Capital
Commission (NCC) and Parks Canada on the proposed redevelopment of the “front
lawn” including the use of the Ottawa Farmer’s Market, in accordance with the
Letter of Understanding between the City and the NCC, and reported back to
Council in January 2010 for Council consideration prior to its implementation;
vi) That staff work with the Central Canada Exhibition Association
(CCEA) to assist them in completing the business and logistical plans necessary
for the CCEA’s move to their property on Albion Road following the exhibition
in 2010; and
vii) That the negotiated project agreement framework be specific
regarding any conditions and costs under which either party could choose to
terminate the agreement prior to the commencement of construction, including
the option to terminate the agreement for convenience at a predetermined cost.
b) That the estimated cost to complete the further development of the LPP as identified in this report be cost-shared between the City and the OSEG in accordance with the conditions and funding sources outlined in this report.
c) That staff be directed to table a report to Council on the results of the negotiations and studies identified in Recommendation 2(a) at the first meeting in May 2010, for discussion at the second meeting in May 2010, for a final decision on the negotiated project agreement framework to implement the LPP.
d)
That staff be directed to
report to Council as soon as possible should it become apparent during the
study and negotiation process that any one of the outcomes identified in
Recommendation 2(a) cannot be met.
9. Motion to Rise and Report
10. Motion to Adopt Reports
11. Confirmation By-law (Councillors G. Bédard and S. Desroches)
12. Inquiries
13. Adjournment (Councillors G. Bédard and S. Desroches)
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