7.             Acquisition - 9 Leeming Drive - former St. Thomas School - Owned by Ottawa Catholic District School Board

 

                ACQUISITION du 9 de la promenade LEEMING, ancienne école ST. THOMAS appartenant au OTTAWA CATHOLIC DISTRICT SCHOOL BOARD

 

 

           

            COMMITTEE RECOMMENDATIONS

 

That Council approve that:

 

1.                  Staff be authorized to complete the acquisition of the former St. Thomas School property, located at 9 Leeming Drive and legally described as Block E Registered Plan 442519 as shown on Document 1 from  the Ottawa Catholic District School Board, based on the Acquisition Agreement and utilizing debt financing, in the approximate amount of $2M, as described in this report;

 

2.                  Staff be directed to consult further with the community on the future uses of the subject property, as described in this report, based on reaching a community consensus that a Special Services Levy will be implemented for the City to recover its acquisition costs and/or all related net renovation, demolition or construction costs related to the proposed community uses, and report back to Council by March 2011;

 

3.                  In the event that a community consensus is not reached by February 2011 on funding a community-use option for the property through a Special Services Levy, staff be directed to report back to Council by March 2011 with recommendations regarding the disposal and sale of all or part of the subject property. 

 

 

Que le Conseil approuve:

 

1.                  D’autoriser le personnel municipal à acquérir du Ottawa Catholic District School Board la propriété de l'ancienne école St. Thomas, située au 9 de la promenade Leeming et officiellement décrite comme le bloc E dans le plan enregistré 442519, tel que le montre le document 1, sur la base de l'entente d'acquisition et à l’aide du financement de la dette au montant approximatif de $2M, comme il est décrit dans le présent rapport;

 

2.                  De Demander au personnel de poursuivre ses consultations avec la communauté sur les utilisations futures de la propriété en question, comme il est décrit dans le présent rapport, la condition qu’un consensus communautaire soit atteint visant à ce que la Ville recouvre, au moyen d'un prélèvement pour services spéciaux les coûts de cette acquisition et tous les coûts nets de rénovation, de démolition ou de construction liés aux utilisations communautaires proposées, et qu'il fasse rapport au Conseil d'ici mars 2011;

 

1.                  dans l'éventualité où il n'y aurait pas d'ici février 2011 un consensus dans la communauté sur le financement d'une option d'utilisation communautaire de la propriété au moyen d'un prélèvement pour services spéciaux, de demander au personnel de présenter au Conseil, d'ici mars 2011, un rapport assorti de recommandations relatives à l'aliénation et à la vente d'une partie ou de la totalité de la propriété en question.

 

 

 

 

 

DOCUMENTATION

 

1.         City Manager’s report dated 4 May 2010 (ACS2010-CMR-REP-0014).

 

2.         Extract Draft Minute, 4 May 2010.

 

 

 


 

Report to/Rapport au:

 

Corporate Services and Economic Development Committee

Comité des services organisationnels et du développement économique

 

and Council / et au Conseil

 

4 May 2010/4 mai 2010

 

Submitted by/Soumis par: Kent Kirkpatrick, City Manager / directeur municipal

 

Contact Person/Personne ressource : Gordon MacNair, Director, Real Estate Partnerships and Development Office/Directeur, Partenariats et Développement en immobilier

(613) 580-2424 x 21217, Gordon.MacNair@ottawa.

 

BAY/BAIE

Ref N°: ACS2010-CMR-REP-0014

 

 

SUBJECT:

Acquisition - 9 Leeming Drive - former St. Thomas School - Owned by Ottawa Catholic District School Board

 

 

OBJET :

ACQUISITION du 9 de la promenade LEEMING, ancienne école ST. THOMAS appartenant au OTTAWA CATHOLIC DISTRICT SCHOOL BOARD

 

REPORT RECOMMENDATIONS

 

That the Corporate Services and Economic Development Committee consider recommending to Council that:

 

1.                  Staff be authorized to complete the acquisition of the former St. Thomas School property, located at 9 Leeming Drive and legally described as Block E Registered Plan 442519 as shown on Document 1 from  the Ottawa Catholic District School Board, based on the Acquisition Agreement and utilizing debt financing, in the approximate amount of $2M, as described in this report;

 

2.                  Staff be directed to consult further with the community on the future uses of the subject property, as described in this report, based on reaching a community consensus that a Special Services Levy will be implemented for the City to recover its acquisition costs and/or all related net renovation, demolition or construction costs related to the proposed community uses, and report back to Council by March 2011;

 


3.                  In the event that a community consensus is not reached by February 2011 on funding a community-use option for the property through a Special Services Levy, staff be directed to report back to Council by March 2011 with recommendations regarding the disposal and sale of all or part of the subject property. 

 

RECOMMANDATIONS DU RAPPORT

 

Que le Comité des services organisationnels et du développement économique envisage de recommander au Conseil :

 

1.                  d'autoriser le personnel municipal à acquérir du Ottawa Catholic District School Board la propriété de l'ancienne école St. Thomas, située au 9 de la promenade Leeming et officiellement décrite comme le bloc E dans le plan enregistré 442519, tel que le montre le document 1, sur la base de l'entente d'acquisition et à l’aide du financement de la dette au montant approximatif de $2M, comme il est décrit dans le présent rapport;

 

2.                  de demander au personnel de poursuivre ses consultations avec la communauté sur les utilisations futures de la propriété en question, comme il est décrit dans le présent rapport, la condition qu’un consensus communautaire soit atteint visant à ce que la Ville recouvre, au moyen d'un prélèvement pour services spéciaux les coûts de cette acquisition et tous les coûts nets de rénovation, de démolition ou de construction liés aux utilisations communautaires proposées, et qu'il fasse rapport au Conseil d'ici mars 2011;

 

3.                  dans l'éventualité où il n'y aurait pas d'ici février 2011 un consensus dans la communauté sur le financement d'une option d'utilisation communautaire de la propriété au moyen d'un prélèvement pour services spéciaux, de demander au personnel de présenter au Conseil, d'ici mars 2011, un rapport assorti de recommandations relatives à l'aliénation et à la vente d'une partie ou de la totalité de la propriété en question.

 

BACKGROUND

 

On 24 September 2009, the Realty Services Branch received notice from the Ottawa Catholic District School Board (the “Board”) that 9 Leeming Drive (former St. Thomas School) was surplus to the Board’s needs and was being circulated to the City.  The notice indicated that, in accordance with Regulation 445/06 of the Education Act, the property was being offered to “priority purchasers” including the City and that the Board required a response within 90 days.

 

The subject property abuts the north side of Maki Park as outlined on Document 1, and has a site area of approximately 2.78 acres. The property is zoned Minor Institutional and is improved with a one storey school building, constructed circa 1962 with a total building area of approximately 25,875 sq. ft. and includes a gymnasium addition built in the mid-1960’s. The school gymnasium was used by the community groups (e.g. Scouts) from the mid-1960’s until June 2006 when this arrangement was apparently terminated by the Board.  

 

On 9 December 2009, Council considered a report (Ref. # ACS2009-CMR-REP-0055) regarding the potential purchase of this property. The report indicated that the Crystal Beach/Lakeview Community Association had requested that the City purchase this property for re-use as a shared-used community centre and that the Ward Councillor supported this acquisition request.

 

 

The report also noted that:

 

·         the existing recreation facilities at Maki Park include a soccer field, a baseball diamond, a children’s play area and structure, an outdoor hockey rink and a one-storey community building known as Maki House with a ground floor area of 4,085 sq. ft. for community activities and a partial basement with a floor area of approximately 1,500 sq. ft. for use mainly as storage; 

·         Parks, Recreation and Culture staff could not support the acquisition of St. Thomas School within currently funded programs given the large capital investment (purchase price, major repairs and lifecycle replacement that would be needed to operate the property as a City-owned community facility); and

·         Parks, Recreation and Culture staff would strongly support squaring off of the southern property line, increasing the available land for future expansion of Maki house (additional programming rooms and/or gym) without having to lose, or adversely affect, the existing sports fields.

 

The report then identified three (3) basic options that staff considered regarding the potential purchase of all or part of this property for City use as follows:

 

Option 1          buy the whole property and retain and improve the entire building;

Option 2          buy the whole property; retain and improve the 7,875ft2 building portion with the gymnasium on part of the property (shown as Parcel “B” on Document 2); demolish the remaining 18,125ft2 of building and sell the residual part of the property to recover some of the project cost (shown as Parcel “C”) on Document 2; and

Option 3          buy a small portion of the property (shown as Parcel “A” on Document 2) to allow for relocating the outdoor rink area and building a new purpose-built building with 7,875ft2 on Maki Park.

 

Based on an analysis of the three options, staff concluded and recommended in the December 2009 report that:

 

  1. The City pursue negotiations with the Ottawa Catholic School Board for the City to acquire, for park purposes the 0.124 ha. (0.306 ac.) portion of the Board’s property at 9 Leeming Drive (shown as Parcel “A” on Document 2) and staff report back to the Corporate Services and Economic and Development Committee and Council in Q1 2010 with respect to the status of the negotiations for acquiring Parcel “A” and any resulting costs and funding source for the acquisition; and

 

  1. Council might wish to consider approving a project and allocating funding to provide a new purpose built 7,700-7,900 sq. ft. community building with a gymnasium to replace the facilities that were previously available for community use for over 30 years until the use arrangement was terminated in 2006.

 

Upon considering Report # ACS2009-CMR-REP-0055, Council then directed staff as follows:

 

1.         To pursue negotiations with the Ottawa Catholic School Board for the City to acquire the St. Thomas School site at 9 Leeming Drive;

 

2.         To consult with the Ward Councillor and the community on the future uses of the school on the condition of funding this acquisition and/or all related net renovation, demolition or construction costs through a Special Services Levy;

 

3.         To report to the Corporate Services and Economic Development Committee on the status of the negotiations for acquiring the site and the funding sources for this acquisition.

 

DISCUSSION

 

In response to the Council directions, the Realty Services Branch began negotiations with the the Board as the first step in the process.  The Board indicated that they were only interested in selling the entire property.  Market value appraisals were completed by City staff and an independent appraisal firm. In addition, the Board commissioned a third independent appraisal.  The appraisal reports framed the negotiation process for a Property Acquisition Agreement for the subject property. The Agreement, as executed by staff, is now subject to Board and Council approvals and conditions for the City to undertake due diligence investigations (e.g. environmental investigations). The Agreement provides for the transaction to close on 31 August 2010 and for a purchase price in the amount of $1,730,750.  The purchase price is based on the most probable highest and best use of the property if exposed to the open market.  The total cost of this transaction, including the purchase price, GST, Land Transfer Tax and one year’s operating cost, for a vacant facility, is estimated to be approximately $2M.  The Board staff report recommending the sale of the property at the negotiated price is scheduled to be presented to the Board of Trustees of the Ottawa Catholic District School Board for ratification on 27 April 2010.

 

On 12 February 2010, staff from the Realty Initiatives and Development and the Recreation Planning and Facilities Development met with the Ward Councillor regarding a community consultation process on the future uses of the school and the related condition set out by Council that the property acquisition and/or all related net renovation, demolition or construction costs be funded through a Special Services Levy.

 

As a result of that meeting, it was agreed that staff would further examine three options for the portion of property shown as  Parcels ‘A’ and ‘B’ on Document 2, to indicate the type and amount of community space that could be provided and to establish estimates of the associated costs/special levy requirements for each option. Staff would also meet with potential third party users (e.g. Waldorf School) to determine their requirements and interest in joint use of the existing school building with the community.  Upon completion of these investigations, staff has agreed to consult with the Ward Councillor and Community Association in May 2010 regarding the findings with the intent of holding a Public Meeting later in May or in early June 2010 to present the options to the community and provide for the Ward Councillor to seek a consensus before year end.  It was agreed that the community consultation process would also include feedback on the process for development planning, and for the eventual sale of the portion of the property shown as Parcel ‘C’ on Document 2.

 

Staff previously recommended to Council in December 2009 that the City acquire at least a portion of the subject property to allow for the potential to provide additional community facilities in Maki Park.  The Board has since indicated that it is only willing to sell the entire property. As a result, staff is now recommending that Council consider the acquisition of this property on the basis of the Agreement negotiated with Board staff, prior to determining whether there is a community consensus on a community-use option for the property and an associated Special Services Levy. However, staff is also recommending that the results of the consultation process, as described in recommendation 2 of this report, will be provided to Council by March 2011.  In the event there is no community consensus reached by February 2011, staff should also be directed to provide recommendations to Council by March 2011, regarding the sale of all or part of the subject property in order to recover all or part of the City’s acquisition costs.

 

ENVIRONMENTAL IMPLICATIONS

 

The offer to the Board will be subject to the City satisfying its due diligence investigations including environmental investigations.

 

RURAL IMPLICATIONS

 

There are no rural implications to implementing the recommendations in this report.

 

CONSULTATION

 

In accordance with normal procedure, upon receipt of notice of the surplus school Realty Services circulated the Board’s disposal notice to various City Departments and the Ward Councillor for consideration. Consultation resulted in the recommendations of the 1 December 2009 report to Council (ACS2009-CMR-REP-0055) which directed staff to enter into negotiations to acquire the property. As set out in this report, staff has consulted with the Ward Councillor and a further community consultation process is being planned for May/June 2010.

 

COMMENTS BY THE WARD COUNCILLOR(S)

 

As Councillor for Bay Ward, representing the Crystal Beach-Lakeview community in which the St. Thomas school site is located, I support the recommendations contained in this report. These recommendations are consistent with both the intent of the City’s Surplus Schools Policy, which is to retain for public use surplus school lands where possible and the desire of the Crystal Beach-Lakeview community to use this site for community uses. Currently City staff from Parks, Recreation and Culture are working with the community in developing options that could see either a re-use of a portion of the school or a redevelopment of the school site for community uses. Once these options have been identified (along with their costs), the intent is to engage the broader Crystal Beach-Lakeview community to determining the best use of this site and the extent of community contribution. In the interim the City should move forward in purchasing the site, with the understanding that its ultimate disposition will depend on the decision the community makes.

 

LEGAL/RISK MANAGEMENT IMPLICATIONS

 

There are no legal/risk management impediments to implementing any of the Recommendations arising from this Report.

 

 

CITY STRATEGIC PLAN

 

This report supports the key City Strategic Plan Sustainable, Healthy and Active City Priority; and its objectives for the use of City recreation facilities to deliver quality programs and services to enhance the quality of life for citizens and encourage active and healthy lifestyles.

 

TECHNICAL IMPLICATIONS

 

There are no technical implications to implementing the recommendations in this report

 

FINANCIAL IMPLICATIONS

 

Subject to Committee and Council approval of the report recommendations, staff would recommend that the acquisition of the subject property be funded through the use of debt financing.  Future options on the use of this property will be the subject of a consultation process with the Ward Councillor and the residents.  As directed by Council, this process will also include a discussion on implementing a Special Services Levy to fund all renovation, demolition and/or construction related costs associated with these options including the property acquisition costs.  A report is to be submitted to Council by March 2011 with the results of this consultation. 

It should be noted that Council does not require community agreement for the imposition of a Special Services Levy to fund the costs of either the property acquisition or the costs associated with any future redevelopment of the site.  Should the community consultations result in recommendations to not impose a Special Services Levy and if Council does not exercise its authority to implement the levy, the debt servicing costs associated with financing the property acquisition would create a future budget pressure.

 

SUPPORTING DOCUMENTATION

 

Document 1 - Sketch of the property.

Document 2 - Sketch of the property showing Parcels ‘A’, ‘B’ and ‘C’.

 

DISPOSITION

 

Following Council’s approval:

 

-          Realty Services, Legal Services and Surveys Branch will finalize this transaction;

-          Realty Services, Parks, Recreation and Culture and the Ward Councillor’s office will continue public consultation.

 

 

DOCUMENT 1

 

 

 

DOCUMENT 2

 



            Acquisition - 9 Leeming Drive - former St. Thomas School - Owned by Ottawa Catholic District School Board

ACQUISITION du 9 de la promenade LEEMING, ancienne école ST. THOMAS appartenant au OTTAWA CATHOLIC DISTRICT SCHOOL BOARD   

 

Councillor McRae asked staff to explain the scenario in the instance of the community not paying the levy.  She noted that the City is being asked to do more when schools are put up for sale and felt that there should be assurance that the right decisions are being made.  Also, she noted that the previous General Manager was not in support of buying this property; furthermore there was concern regarding how much of that parcel was actually needed.  She asked staff to explain how the City can sell only a piece of the school.

 

Gord MacNair, Director of Real Estate Partnership and Development Office explained that the staff recommendation provided in the December 2009 was to only purchase a portion in order to round off the lands with the possibility of building a new facility on Maki Park.  He recalled that City Council directed staff to see what they could negotiate with the school board with regards to an out rate acquisition as well as the consideration that in the event that staff would look at an acquisition with the other additional costs such as demolition and construction, that a special levy be considered in order to pay for that. 

 

Mr. MacNair advised that these recommendations reflect the terms of the agreement that was reached with the school board for the $2 million.  A public consultation process with the local ward Councillor and the constituents will follow, to deal with the special levy in terms of what would be paid and if that failed, staff would report back to Committee and Council in February/March 2011 with the recommendation to dispose of the property and recover some of the funds.

 

Councillor McRae commented that one term of Council cannot bind another term of Council.  She noted that in the report, there is a hint of not disposing all of the property with the possibility of keeping part of it.  She presumed that the old school would be demolished and then the property would be severed.  Mr. MacNair replied that it would depend on the outcome of the public consultation process, noting that there a numerous scenarios that could be looked at.  At that point, Councillor McRae guessed that if the City owned that property, it could be zoned accordingly, similar to the matter at the former Bayview School to attempt to control development on that property.

 

Councillor Wilkinson referenced the staff report, stating that “Council does not require community agreement for the imposition of a special services levy to fund the cost of either the property acquisition or the cost associated with any future development of the site.”  She recalled that the community clearly supported a special levy at a public meeting.  It was also mentioned at this meeting that the only reason the City would purchase this was if a special levy was paid for by the community. 

 

Chair Jellett agreed and asked staff why the City would purchase this in advance when it is unknown if the community would support a special levy.  Mr. MacNair noted that the school board want to dispose of this and they have been waiting for the City to move forward in this regard.  He added that staff need the appropriate time in order to do hold the public consultation meeting, which will take a couple of months. 

 

Chair Jellett then asked if the school board would consider holding off receiving a response until next year.  Mr. MacNair confirmed that there school board was not interested in waiting and wants to move forward by selling the asset at this time.

 

Councillor Desroches referred to the policy framework of the acquisition of surplus schools and asked when the policy framework would be ready so that Council would have some criteria to govern these decisions.  Mr. MacNair noted that the current policy is to look at each property on a case-by-case issue.  Council had directed staff to develop criteria along with a funding mechanism, which staff are currently working on.  Staff’s intent is present the policy framework in Q1 of 2011.

 

Councillor Desroches advised that he would support this report but highlighted that his support is based on the community funding this through a special levy and if there was opposition, then Committee and Council should dispose of the property accordingly.

 

Councillor Cullen thanked staff for preparing this report and noted that it is consistent with the Council direction that was given last year when the school board declared the school surplus.  He added that every time a school in an established neighbourhood is declared surplus, it ends up on the market and the community loses the greenspace, the community amenity, and loses access to a facility that could provide community programming or alternate uses.  The policy was put in place to ensure that the public property would stay in the community’s hands.  Unfortunately, there are timelines when a school board declares it surplus and the City is not always in a position to be able to come forward with a plan whether to accept, reject or modify. 

 

The Councillor advised that staff are currently looking at alternatives with the possibility of using the whole site, part of the site or demolishing the building and constructing a smaller, new facility.  These options are being examined and depending on the model decided upon, the community will be asked for a contribution, even though the City will benefit from it.  Further reports will come forward with respect to the recommended option and how much the community will contribute.  He asked for the Committee’s patience and to allow for this process to be completed. 

 

Councillor Wilkinson stated that the original motion approved four months ago was “that the conditional and funding this acquisition into all related renovations and demolitions of constructions to a special services levy”.  She noted that the public consultation should have been conduction at that time.  She noted that the original staff recommendation was clear that the City should not acquire this property, unless the community paid for a special levy.  The Councillor wanted the community to be was aware that she would not support the purchase of this school if the community did not support a levy.

 

After discussion, the Committee approved the following staff recommendations:

 

That the Corporate Services and Economic Development Committee consider recommending to Council that:

 

1.                  Staff be authorized to complete the acquisition of the former St. Thomas School property, located at 9 Leeming Drive and legally described as Block E Registered Plan 442519 as shown on Document 1 from  the Ottawa Catholic District School Board, based on the Acquisition Agreement and utilizing debt financing, in the approximate amount of $2M, as described in this report;

 

2.                  Staff be directed to consult further with the community on the future uses of the subject property, as described in this report, based on reaching a community consensus that a Special Services Levy will be implemented for the City to recover its acquisition costs and/or all related net renovation, demolition or construction costs related to the proposed community uses, and report back to Council by March 2011;

 

3.                  In the event that a community consensus is not reached by February 2011 on funding a community-use option for the property through a Special Services Levy, staff be directed to report back to Council by March 2011 with recommendations regarding the disposal and sale of all or part of the subject property. 

 

                                                                                    CARRIED