Ottawa bw

 

SPECIAL OTTAWA CITY COUNCIL

17 June 2010

ANDREW S. HAYDON HALL

10:00 a.m.

 

AGENDA 92

 

 

Special Meeting Called by His Worship Mayor O’Brien

to deal with matters related to the report from the City Manager on the

Lansdowne Partnership Plan Implementation Report,

motions referred to this meeting and supplementary reports.

 

 

1.       Prayer

 

 

2.       Roll Call

 

 

3.       Declarations of interest including those originally arising from prior meetings

 

 

4.       Communications

·         Memorandum from the Arts, Heritage and Culture Advisory Committee concerning the Lansdowne Park Redevelopment

·         Memorandum from the Health and Social Services Advisory Committee with respect to the Lansdowne Redevelopment

·         Memorandum from the Pedestrian and Transit Advisory Committee with respect to the Lansdowne Redevelopment

·         Memorandum from the Ottawa Forests and Greenspace Advisory Committee with respect to the Lansdowne Redevelopment

·         Memorandum jointly from the Pedestrian and Transit Advisory Committee and the Roads and Cycling Advisory Committee with respect to the Lansdowne Park Proposal

 

 

 

 

5.        Regrets

 

Councillor S. Desroches and J. Legendre (City Business) have advised they will be absent from the Council meeting of 17 June 2010.

 

 

6.                 Resolving Into Committee of the Whole

(Councillors G. Hunter and R. Jellett)

 

June 17th

Tabling of the Auditor General’s Supplementary Report and Questions on the Lansdowne Partnership Plan (LPP) Implementation Report and Related Reports

 

June 24th and 25th

Hearing of Public Delegations

 

June 28th

Deliberations

 

 

7.                 Tabling of the following report from the City Auditor General

 

 

                OFFICE OF THE AUDITOR GENERAL - 2010 AUDIT OF THE LANSDOWNE PARK PROPOSAL (LPP) FINANCIAL MODEL

bUREAU DU VÉRIFICATEUR GÉNÉRAL - VÉRIFICATION DU MODÈLE FINANCIER DE LA PROPOSITION DU PLAN DE PARTENARIAT DU PARC LANSDOWNE (PPPL) DE 2010

 

 

REPORT RECOMMENDATION

 

That Council receive the attached report:  2010 Audit of the Lansdowne Park Proposal Financial Model as a supplementary report to the Lansdowne Park Proposal Implementation Report.

 

 

Report to be tabled at the meeting.

 

 

8.       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

 

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 – 12, 13 AND 16 NOVEMBER 2009

 

As Council ultimately approved Recommendation 2 (as amended) of the City Manager’s report, Lansdowne Partnership Plan: Implementation Plan (see below) and in accordance with Motion No. 71/2, Motion No. 65/13 was automatically referred to the second meeting in June 2010, when the report on the results of the negotiations and studies is before Council for a final decision.

 

 

CITY COUNCIL – 12, 13 AND 16 NOVEMBER 2009

 

 

2.             LANSDOWNE PARTNERSHIP PLAN: IMPLEMENTATION PLAN

 

                RAPPORT SUR LA MISE EN APPLICATION DU PLAN DE PARTENARIAT DU PARC LANSDOWNE (PPPL)

 

 

MOTION NO. 77/7

 

Moved by Councillor C. Leadman

Seconded by Councillor G. Bédard

 

WHEREAS the Lansdowne Partnership Plan proposes the use of a funding mechanism that is significantly different than the established norm for the City of Ottawa; and

 

WHEREAS the Auditor General of the City of Ottawa noted concern over this practice in recommendation 7 of his information report, stating that, “The proposed use of property tax revenue to provide a direct revenue stream is unusual and could establish an undesired precedent”; and

 

WHEREAS using the normal funding mechanism for debentures would not alter the level of taxation or the level of debenture required; and

 

WHEREAS, to ensure transparency and accountability in City finances, a consistent approach to City taxation should be maintained;

 

THEREFORE BE IT RESOLVED THAT City staff be directed to apply the traditional form of taxation policy and funding towards the redevelopment of Lansdowne Partnership Plan (LPP).

 

MOTION NO. 77/8

 

Moved by Councillor P. Hume

Seconded by Councillor M. McRae

 

That Motion No. 77/7 be referred to the City Council meeting in June 2010 when the report on the results of the negotiations and studies is before Council for a final decision.

 

REFERRAL CARRIED with Councillors S. Qadri, J. Harder, R. Bloess and R. Chiarelli dissenting.

 
MOTION NO. 77/19

 

Moved by Councillor C. Doucet

Seconded by Councillor C. Leadman

 

That the Municipal Service Corporation for Lansdowne Park, if approved, include a representative from the Glebe BIA.

 
MOTION NO. 77/20

 

Moved by Councillor G. Hunter

Seconded by Councillor E. El-Chantiry

 

That Motion No. 77/19 be referred to the City Council meeting in June 2010 when the report on the results of the negotiations and studies is before Council for a final decision.

 

                                                                                                            REFERRAL CARRIED

 

MOTION NO. 77/24

 

Moved by Councillor R. Jellett

Seconded by Councillor E. El-Chantiry

 

That the following resolution be referred to the Council meeting in June 2010 when the report on the results of the negotiations and studies is before Council for a final decision:

 

That the Ottawa Farmers Market has at least one permanent seat on the Municipal Services Corporation (MSC), if approved, and/or any other board which may be formed to govern operations at Lansdowne Park.

 

                                                                                                            REFERRAL CARRIED

 

 

9.       Motion to Introduce Reports

(Councillors G. Hunter and R. Jellett)

 

CITY MANAGER’S REPORT

 

          

1.           LANSDOWNE PARTNERSHIP PLAN (LPP) IMPLEMENTATION REPORT

 

RAPPORT DE MISE EN ŒUVRE DU PLAN DE PARTENARIAT DE LANSDOWNE

 

 

REPORT RECOMMENDATIONS

 

1.                    That Council receive the Lansdowne Partnership Plan and Implementation  Report, including the following:

 

a)                  The Strategic Design Review and Advisory Panel’s Guiding Principles (Document 2);

b)                 The Urban Park Design Competition Jury’s Selection Report and Recommendations for Modifications to the Design (Document 4);

c)                  The Strategic Design Review and Advisory Panel’s Review and Evaluation Report on the Stadium and Urban Mixed-use Design Plans (Document 6);

d)                 The J.C. Williams Group Strategic Retail Planning Report Lansdowne Park Project (Document 10);

e)                  The Malone Given Parsons Ltd. Peer Review Lansdowne Market Assessment Studies (Document 9);

f)                   The McCormick Rankin Corporation Transportation Impact and Assessment Study and Transportation Demand Plan (Document 13);

g)                  The Fehr & Peers and DKS Associates Transportation Peer Review Report (Document 14); and

h)                 The Nanos Research Ottawa Website – Lansdowne Design Proposal Feedback Report (Urban Park Design) (Document 22); and

 

That the following supplementary reports be tabled at the Special Meeting:

 

a)                   The Nanos Research Ottawa Website – Lansdowne Design Proposal Feedback Report (Stadium and Mixed-Use Design) on 17 June 2010 (Document 24);

b)                  The Summary of 14 June 2010 Community Consultation on the Lansdowne Community Park (Sylvia Holden Park) on 17 June 2010 (Document 25);

c)                   The further financial sensitivity analysis on 17 June 2010 (Document 26);

d)                  The report on recommended integration directions for achieving a Master Plan for Lansdowne Park prior to final deliberations (Document 27); and

e)                   Any other reports identified by the City Manager as supplementary to this report. 

 

And refer the Lansdowne Partnership Plan and Implementation Report to the Special Council Meeting on the Lansdowne Partnership Plan and Implementation and Related Reports for Council consideration of the following recommendations:

 

2.                  That the Lansdowne Partnership Plan and Implementation Report be approved as described in this report and as follows:

 

Planning and Design (Lansdowne Park Master Plan)

 

3.         Approve the decision of the Jury for the Urban Park Design Competition that the selected Urban Park Design is the one prepared by the design team led by the landscape architectural firm of Phillips Farevaag Smallenberg (Team “B”);

 

4.         Approve that the Master Plan for Lansdowne Park be comprised of the selected Urban Park Design Plan in conjunction with the Stadium and Mixed-Use Design Plans, incorporating any refinements as described in the supplementary report on integration directions from the City Manager (Document 27);

 

5.         Direct that the detailed design to provide for a fully integrated Master Plan be undertaken cooperatively by the City, the Stadium and Urban Mixed-Use Architectural Team and the Urban Park Design Team through the Site Plan Approval process, under the guidance of the Design Review Panel;

 

6.         Authorize the Chair of the Planning and Environment Committee to adjust the composition of the Design Review Panel as circumstances warrant;

7.         Delegate the authority for consideration and approval of the site plan(s) for implementing the Lansdowne Park Master Plan to Council sitting as Committee of the Whole;

 

8.         Authorize the City Manager to negotiate and execute, on behalf of the City, an agreement with the landscape architectural firm of Phillips Farevaag Smallenberg  to undertake detailed design work related to the integration, phasing, and implementation of their design, including potential implementation supervision, as required to contribute to the creation and implementation of the Lansdowne Park Master Plan, based on using recognized Canadian competitive standards and rates for Architecture, Landscape Architecture, and Specialty Design Consultants;

 

9.         Direct staff to consult with the National Capital Commission (NCC) and Parks Canada Agency (Parks Canada) with respect to coordinating the planning and phasing of potential improvements on NCC and Parks Canada lands with the planning and phasing for Urban Park development to be carried out by the City on its Lansdowne Park property.

 

Retail and Farmers’ Market

 

10.       Approve the Conceptual Layout and Marketing Plan for the Retail portion of the Urban Mixed-Use component of the proposed Lansdowne Park Master Plan, as outlined in this report and described in Document 11, and the Guiding Principles for the Lansdowne Transformation described in Document 2 and that this Conceptual Layout and Marketing Plan be incorporated into the proposed Site Plan and overall Master Plan requirements;

 

11.       Approve the principles for a permanent Farmers’ Market that have been developed in consultation with representatives of the Ottawa Farmers’ Market and J.C. Williams Group, as outlined in this report and described in Document 12, and direct that the Master Plan and Site Plans for the Lansdowne Transformation make provision to incorporate these principles;

 

12.       Authorize the City Manager to negotiate and execute, on behalf of the City, an agreement with the Ottawa Farmers’ Market Association for a permanent Farmers’ Market in accordance with the principles described in Document 12 and report back to Council in 2011 on implementation.

 

Transportation

 

13.       Approve the Transportation Impact and Assessment Study and Transportation Demand Management report, prepared by McCormick Rankin Corporation, described in Document 13 of this report, as the basis for preparing the transportation portion of the Master Plan and Site Plan for Lansdowne Park and authorize the City Manager to negotiate and execute, on behalf of the City, all required agreements related to transportation planning for events, including the following:

 

a.         Such further agreements as may be required to implement the Agreement in Principle with the NCC for use of the Queen Elizabeth Driveway (QED) as outlined in this report and described in Document 15;

 

b.         Any formal agreements that may be necessary to implement the Memorandums of Understanding obtained for off-site parking as described in this report;

 

c.         Such agreements as are necessary for providing the required shuttle services for major events; and

 

d.         Requiring through the Project Agreements that event tickets provide funding to support the costs of off-site parking, shuttles, additional transit service, etc. in ticket prices; and 

 

14.       Direct that the transportation measures and initiatives set out in the Transportation Plan, as outlined in this report and described in Document  13 and including any modifications resulting from the Transportation Peer Review Study described in Document 14, be incorporated into the formal Site Plan for implementing the Lansdowne Park Master Plan.

 

The Financials

 

15.       Approve the Business Model and associated Financial Terms for implementing the Lansdowne Partnership Plan, as outlined in this report and described in Document 16, as a prerequisite to entering into the Project Agreements outlined in this report and described in Document 18; and

 

16.       Approve the schedule, the estimated costs and proposed cost-sharing provisions with the Ottawa Sports and Entertainment Group (OSEG) as outlined in this report and described in Documents 20 and 21.

 

Project Agreements

 

17.       Approve the Project Agreement Framework, as outlined in this report and described in Document 18, and authorize the City Manager to negotiate and execute, on behalf of the City, the Project Agreements, described in this report and in Document 18.

 

Implementation

 

18.       Direct City staff to prepare a report for consideration by the Planning and Environment Committee and Council at their respective meetings in July 2010 regarding the zoning changes deemed necessary to implement the proposed Master Plan for the Lansdowne Park transformation, as outlined in this report;

 

19.       Direct City staff to initiate the processes necessary to consult with the Ontario Heritage Trust (OHT) and obtain any required heritage approvals, as outlined in this report and described in Document 8, including the following:

 

a.                  Approval from Parks Canada for the proposed uses for the Aberdeen Pavilion as may be designated in the proposed overall Lansdowne Park Master Plan in accordance with the relevant provisions of the Funding Agreement between Parks Canada and the City;

b.                  Approval from the OHT for any modifications and/or exemptions required to the Heritage Easement Agreement for the Aberdeen Pavilion related to sight lines and buildings shown on the Lansdowne Park Master Plan,  including any potential matters related to the relocation of the Horticulture Building, for Lansdowne Park; and

c.                   Approval pursuant to the provisions of the Ontario Heritage Act for the relocation, alteration and adaptive re-use of the Horticulture Building and any alterations that may be required to accommodate a new use in the Aberdeen Pavilion.

20.       Declare the parcel of land containing an area of 4.8 ha (11.86 acres), shown hatched and described as “Proposed Surplus Lands” on the attached Document 19, together with the salon areas of the Civic Centre building to be identified on a stratified legal survey, to be used for proposed retail purposes,  as surplus to the City’s needs to allow these surplus lands to be developed, as provided for in the Business Model and Financial Terms and Project Agreement Framework, and that the fair market value of this surplus property as set out in the report constitute part of the City’s deemed equity in the Lansdowne Partnership Plan and waive the policy requirements in By-Law No. 2002-38, as amended, regarding the circulation of City properties to internal City departments and agencies, the circulation of City properties to external parties and the public marketing of City properties; 

 

21.       Authorize staff to prepare the terms and conditions for a Request for Proposal (RFP) process for a City-initiated development of the residential and office components of the Lansdowne Partnership Plan Implementation, as provided for in the Business Model and Financial Terms and the Project Agreement Framework, with a report to the Corporate Services and Economic Development Committee (CSEDC) on the proposed RFP process in August 2010, and delegate the authority to the CSEDC to approve the Terms of Reference for the RFP process;  

 

22.       Waive the City’s Housing First Policy with respect to the dedication of 25% of the net proceeds from the disposal of the surplus lands, as shown on Document 19, to the Housing Branch and direct the proceeds from the disposal to be used as part the City funding provisions for the Lansdowne Partnership Plan Implementation as described in this report;

 

23.       Direct staff to pursue the option of providing a new facility for the Ottawa Art Gallery as part of the Lansdowne Partnership Plan Implementation as outlined in this report and to include this option in the report on the redevelopment of the Arts Court complex that is scheduled to be considered by Committee and Council in July 2010;    

 

24.       Direct staff to report back to Council during Stage 2 of the Lansdowne Partnership Plan Implementation regarding a potential structure for a Municipal Services Corporation;

 

25.       Direct staff to consult with the NCC and Parks Canada with respect to coordinating the implementation and construction phasing of potential improvements on NCC and Parks Canada lands with the implementation and construction phasing for the Urban Park development to be carried out by the City on its Lansdowne Park property;

 

26.       Direct staff to consult with the NCC and Parks Canada with respect to developing joint programming opportunities for the City’s Urban Park at Lansdowne;

 

27.       Declare the Stadium and Civic Centre as municipal capital facilities within the class of “municipal facilities for cultural, recreational or tourist activities” pursuant to the Municipal Act 2001 and the related regulations and enter into a municipal capital facility form of agreement or, if applicable, provision within the Project Agreements described in Document 18;

 

28.       Direct that the financial contributions of $2.5 million each by the City and by the OSEG toward the development of Phase 1 of the Urban Park  be deemed to satisfy the 2% and 5% cash-in-lieu of parkland requirements for the Stadium and Urban Mixed-Use components of the Lansdowne Partnership Plan Implementation; and

 

29.       Direct staff to coordinate the Bank Street rehabilitation work with the modifications required to support the Lansdowne Park Master Plan implementation, including the proposed provisions for direct access from Bank Street.


 

COMMITTEE REPORTS

 

CORPORATE SERVICES AND ECONOMIC DEVELOPMENT COMMITTEE REPORT 55A

 

 

1.             LANSDOWNE – RESULTS OF THE RFP PROCESS – EXPOSITION HALL FACILITY

 

LANSDOWNE – RÉSULTATS DU PROCESSUS DE DP – ESPACE D’EXPOSITION

 

 

COMMITTEE RECOMMENDATIONS

 

That Council

 

1.      Accept the proposal from Shenkman Corporation, dated 6 May 2010, as meeting the City’s Request for Proposal process requirements to be considered the preferred proposal for negotiating an agreement for the design, construction, operation, and financing of an Exposition Hall facility;

 

2.                  Authorize the City Manager to negotiate and execute an agreement with Shenkman Corporation for the design, construction, operation, and financing of an Exposition Hall facility as outlined in this report; and

 

3.                  Subject to approval of Recommendation 2 above, authorize the City Manager to negotiate and enter into a Municipal Capital Facilities Agreement with Shenkman Corporation for the design, construction, operation, and financing of an Exposition Hall facility as outlined in this report.

 

 

 

2.             EXPOSITION HALL FACILITY - ECONOMIC AND SOCIAL BENEFITS

 

ESPACE D’EXPOSITION – AVANTAGES ÉCONOMIQUES ET SOCIAUX

 

 

COMMITTEE RECOMMENDATION

 

That Council consider this report as supplementary information to the Lansdowne-Results of the RFP Process-Exposition Hall Facility report.

 

 

 

10.     Motion to Rise and Report

 

 

11.     Motion to Adopt Reports

 

 

12.     Confirmation By-law (Councillors G. Hunter and R. Jellett)

 

 

13.     Inquiries

 

 

14.     Adjournment (Councillors G. Hunter and R. Jellett)

 

 

 

 

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

 

NOTICE

 

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