OTTAWA CITY COUNCIL
Wednesday, 10 October 2012, 10:00 am
Andrew S. Haydon Hall, 110 Laurier Avenue West
AGENDA 42
COMMITTEE
RECOMMENDATION
That
Council receive this report for information.
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COMMITTEE
RECOMMENDATIONS AS AMENDED
That Council:
1.
a) Receive
the Comprehensive Asset Management Program, 2012 State of the Asset Report
(Document 1);
b) Approve the
Comprehensive Asset Management Policy (Document 2);
c) Approve an
infrastructure renewal funding target, indexed annually to construction
inflation, to maintain City assets in a state of good repair, as outlined in
this report, to be reached within 10 years and included for consideration as
part of each year’s draft budget; and
d) Approve inclusion of
an Asset Management section in all relevant future Committee and Council reports
to ensure the long-term infrastructure implications of recommended projects are
specifically identified.
COMMITTEE
RECOMMENDATIONS
That Council approve that the existing debt policies be continued
while providing the required investment to maintain City assets in a state of
good repair, and that in order to address the funding target as recommended in
the Comprehensive Asset Management Program report, the following funding
strategies be approved for consideration as part of future budgets:
1.
That
the use of debt for tax supported capital works continue to correspond to the
amount of debt retiring within the year in accordance with Council’s adopted
target to limit debt service for tax supported debt to 7.5% of own source
revenues;
2.
To
ensure capital funding is maintained and increased, starting in the 2013 budget
year, the annual contribution from taxation for capital projects be increased
by inflation (Construction Price Index) and by an additional $5.4 million per
year for both the renewal of existing assets and the increase in the asset
base, as a priority within Council’s approved tax targets;
3.
Starting
in the 2015 budget year, the portion of the contribution to capital used to
fund capital projects classified as strategic initiatives (new capital works)
be maintained at $20 million per year and that priority be given, after the
completion of the “Service Ottawa” project, to infrastructure investment;
4.
Starting
in the 2015 budget year, the enhancement component of any capital renewal
project be identified and approved separately;
5.
That
the City of Ottawa Endowment Fund be maintained at $200 million and any excess
continue to be directed to fund the capital program; and
6.
That
Council’s priorities for the use of any future federal or provincial
infrastructure funding programs be for the renewal of existing assets and
transit related projects included in the Transportation Master Plan.
COMMITTEE RECOMMENDATIONS
That Council:
1. Approve amendments to the Lansdowne Partnership Plan Project
Agreement, as contemplated by the updated LPP Project Agreement Framework, as
follows:
(a)
That the previously approved LPP Project
Agreement Framework be amended to state that the City will agree to act
reasonably, in accordance with pre-determined criteria, in deciding whether to
permit a sale of either or both of the Canadian Football League team and/or the
Ontario Hockey League team in exchange for a binding commitment by the Ottawa
Sports and Entertainment Group (OSEG), or OSEG’s successor, to extend its legal
obligations to operate the teams for the first eight (8) years under the Lansdowne Partnership Plan instead of
the current, first five (5) years, as described in this report;
(b)
That the Project Agreement be amended to
treat any cost overruns above the conditional guaranteed maximum price contract
incurred by the members of OSEG for the City’s portion of the Stadium Parking
Garage as Additional Equity under the Closed System for the Lansdowne Partnership Plan, as
described in this report; and,
(c)
That the description of the formula for
City Funding Equity in the previously approved LPP Project Agreement Framework
be amended to read as follows, “the lesser of
the Maximum City Cost or the actual cost borne by the City for the Stadium
Improvements and City’s share of Cost of Parking less proceeds from the sale of air rights, less the amount that can
be debentured from 75% of the realty taxes estimated from the project other
than the residential component, less the amount that can be debentured from
the avoided costs of $3.8 million per year of the City by it not having to
operate the Stadium” and that the Project Agreement be revised accordingly,
as further described
in this report.
2.
Confirm that the priorities for the
distribution of net cash flow between the City and OSEG in the Closed System
under the LPP are as set out in the previously approved June 28, 2010 LPP
Project Agreement Framework referenced in this report.
3. Approve the updated LPP Project Agreement Framework as described in this report and attached as Document 1 – “Overview
of Structure and Content – Final LPP Project Agreements” as amended by the
above recommendations.
4.
Receive the
final legal Agreements, as amended by the recommendations above and by the
updated LPP Project Agreement Framework, as set out in Document 2 – “Listing of Final LPP
Legal Agreements on file with the City Clerk and Solicitor”.
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COMMITTEE MEETING INFORMATION
Delegations: Fifteen
(15) delegations spoke, some in
support and some in opposition
Debate: Approximately five (5) hours were spent discussing this
item
Vote: The item was CARRIED on a division of 10 YEAS and 1 NAY
Position of
Ward Councillor: Councillor Chernushenko has outstanding concerns
Position of
Advisory Committee(s): N/A
COMMITTEE RECOMMENDATIONS AS AMENDED
That Council:
1.
Approve that By-laws 2005-439 and
2004-239, being by-laws regulating permanent and temporary signs on private
property, be amended so as to establish Lansdowne as a special signage
zone where the implementation of signage, including the review and approval
for purposes of issuing sign permits, will be in accordance with the
policies, directions, and regulations set out in the Lansdowne Signage and
Way-finding Plan approved by Council on June 27, 2012, as revised by this
report, and that the required by-laws setting out the details of the
amendments be brought forward for enactment by Council prior to the end of
2012.
2.
Approve the Heritage Easement Agreement
between the City of Ottawa and the Ontario Heritage Trust as outlined in
Document 1 to this report and authorize the City Manager to execute the
Agreement on behalf of the City.
3.
Approve an increase of $12 Million in
capital authority and the funding sources as outlined in this report.
4.
Receive the final report on the satisfaction
of all of the conditions precedent to close the Lansdowne Partnership Plan
Project Agreement as outlined in Document 4 to this report, as amended by the
recommendations above.
5.
Approve the legal close of the
Lansdowne Partnership Plan in order to move to the construction stage of the
redevelopment of Lansdowne Park and approve that the City Manager be
delegated the authority to carry out the intent of the foregoing approvals
including, but not limited to, the execution and delivery of such other agreements,
documents, instruments, acts and things as are required or deemed necessary
or desirable to give full effect to the terms of this report and the
transactions contemplated herein.
6. That the site plan for the
Lansdowne Partnership Plan redevelopment be approved with the inclusion of
the modified language in the Site Plan Agreement as follows:
“The Owner acknowledges and agrees that any LED or electronic
messaging/advertising to be provided on the Bank Street frontage of the
Stadium scoreboard, outside those time periods when this area of the stadium
scoreboard is being used for messaging/information/wayfinding or advertising
in association with an event being held at Lansdowne, shall be subject
to controls.
The controls shall be in accordance with any conditions that
may be imposed by the General Manager, Planning and Growth Management at
his/her sole discretion, as part of the sign permit that will be
required for this feature , as set out in the Lansdowne Signage and
Wayfinding Plan. The owner acknowledges that such conditions may relate
to but are not necessarily limited to matters of size, intensity of light,
and the time periods when such messaging/advertising may be provided. The
owner acknowledges that such conditions, as they relate to any commercial
advertising but not naming rights or sponsorship applications, can be
reviewed and updated as required during the first year of operation, so as to
address any community concerns regarding the intensity of illumination, time
of use and appropriateness of the messaging/advertising for this public space
and main street environment.”
7. a) That Council approve the Value
Engineering proposals number 1, 3 & 4 subject to the design
recommendations of the LDRP namely:
i.
Reductions or modifications must
follow the same conceptual curvature and/or an acceptable one to the design
architect if the veil is modified and whereas modifications to the approved
site plan requires Council approval;
ii.
The method and materials should be
applied to the design of the pedestrian bridge in keeping with the design of
the stadium. The stadium architect should assist the design build contractor
to ensure the suitability is consistent.
b) That in light of the concerns raised by
the LDRP that the Committee recommend that Council request the LDRP to review
other design decisions related to stadium construction with a view to
recommending to City Council any realistic alternatives to the value
engineering recommendations for the stadium canopies.
c) That
the alternatives for the stadium canopies, if any, provide for a cost saving
of at least $750,000.
8. That staff be directed to
reinstate $3.46 million to the Parking Cash-in-lieu Fund and that the same
amount be issued as debt for the Lansdowne revitalization project.
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COMMITTEE MEETING INFORMATION
Delegations: Thirty-two (32) delegations spoke, some in support and some in
opposition
Debate: Approximately five (5)
hours were spent discussing this item
Vote: The recommendations
were divided for voting purposes. Recommendation 1 and amending motion 25/10
(Recommendations 3 a) and b) CARRIED on a vote of 10 yeas to 1 nay.
Recommendation 2 and amending motion 25/11 (Recommendation 4) CARRIED without a
recorded vote.
Position of Ward Councillor: N/A
Position of Advisory Committee(s): N/A
COMMITTEE
RECOMMENDATIONS AS AMENDED
That Council:
1.
Approve that the
City of Ottawa respond to the Ontario Lottery Gaming Corporation’s
("OLG") Request for Interest (RFI) by sending a letter from the Mayor
stating that the City of Ottawa supports in principle becoming a "host
city" for a gaming entertainment centre;
2.
Direct staff to
provide an analysis that gives a broad picture of the potential economic
benefits and impacts of a gaming facility for the City of Ottawa. As part of
this analysis, staff will consult with relevant stakeholders and consult with
Ottawa Public Health staff on the potential public health impacts of an expanded
gaming facility in Ottawa, including providing an overview of the current
mitigation measures for populations at-risk of problem gambling. The staff
report will be provided to FEDCO and Council when Council reconsiders the
matter once a preferred proponent has been selected by OLG.
3. That the Mayor’s letter stating the
City of Ottawa’s support in principle for becoming a “host city” for a gaming
entertainment centre include the following:
a) That the City of Ottawa strongly
encourages the Ontario Lottery and Gaming Corporation establish a Request for
Proposal process that is fair, transparent, open and competitive and which
provides all proponents, including the Rideau Carleton Raceway, an opportunity
to compete within a level playing field; and
b) That the Ontario Lottery and Gaming Corporation consider providing
an opportunity for the Rideau Carleton Raceway to be pre-qualified to take part
in the final bidding process, given their strong record of success in the
Ottawa region.
4. That
the report be amended by the REVISED
pages 299 and 306 (French version) issued on September 27, 2012.
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PLANNING COMMITTEE REPORT 37
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COMMITTEE RECOMMENDATION
That Council adopt the “Guidelines for the Preparation of
Cultural Heritage Impact Statements” included as Document 1.
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Committee
meeting information
Delegations: Three delegations spoke to this
item; one from the industry in support, but with cautions about the proposed
regulations being overly restrictive. The other two delegations cautioned
against proceeding with trends and changing Ottawa’s character.
Debate: Approximately
two hours were spent in discussion on this item; staff recommendation was
amended to ask for a review of rural and suburban location criteria by 2013
rather than an update of the current criteria by 2015.
Vote: The item
was CARRIED, as amended, with Councillor
K. Hobbs dissenting.
Position of Ward Councillor: Not applicable, as
this report is City-wide.
Position of Advisory Committee(s): A presentation
to the Business Advisory Committee (BAC) in April 2012 resulted in
suggestions from local business leaders who sit on BAC encouraging the City
to explore the possibility of allowing additional types of digital signs, and
in more locations.
That Council:
1. Amend the Permanent Signs on Private
Property By-law 2005-439, as amended, to allow digital billboards, subject to
the regulations, substantially in the form as contained in Document 1,
effective December 1, 2012.
2. Close the digital billboard pilot project,
and direct the Planning and Growth Management Department to explore other
emerging sign technologies with a view to establishing pilot programs if
warranted, and return to Council in Q3 of 2013 with an update on
digital billboard location criteria in the suburban and rural areas
and recommendations with respect to other emerging digital technologies in
signs.
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Committee
recommendationS
That Council approve that 446 Fraser Avenue be exempted from the
notice requirements and processes set out in the Demolition Control By-law in
order to enable the demolition of the building immediately subject to the
following conditions which shall be incorporated into a registered agreement
prior to the exemption taking effect:
1.
The Owner ensures the property is graded,
sodded or seeded and maintained to the standards set out in the Property
Standards By-law pending development;
2.
The property is not used or occupied for
any other interim use; and
3. The Owner submits a building permit application for the reconstruction of the building
no later than October 1, 2013 and completes the construction
of the replacement dwelling unit no later than October 1, 2014.
COMMITTEE RECOMMENDATION
That Council adopt the Engineer’s Report prepared by Robinson
Consultants Inc., entitled Amendment to the Engineer’s Report for the
Monahan Creek Municipal Drain Modifications and Improvements dated June
2012, for a drainge works project under Subsection 78 of the Drainage Act
with respect to the existing drainage works known as the Monahan Creek
Municipal Drain and give 1st and 2nd reading to the By-law attached as Document
2 to this report in accordance with Sections 42 and 45 of the Drainage Act
of Ontario.
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COMMITTEE RECOMMENDATION
That
Council approve a proposal to name a new
park at 155 Sunshine Crescent, “Norman Edwards Park”.
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COMMITTEE RECOMMENDATION
That
Council approve a proposal to name the parkette at 100 Clifford Campbell
Street, as “Egbert Reitsma Parkette.”
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COMMITTEE RECOMMENDATION
That Council
approve a proposal to rename Goldridge Park, at 400 Goldridge Drive, as “Jim
Malone Park.”
COMMITTEE RECOMMENDATION
That Council approve a proposal to name an unnamed park at 1070 Forest Lea Drive, as “Syd and Verna Cotton Park.”
COMMITTEE RECOMMENDATION
That Council
receive the listing of projects funded through the program in 2011 as detailed
in Document 1.
COMMITTEE RECOMMENDATION
That Council
approve the listing of projects as detailed in Document 1.
COMMITTEE
RECOMMENDATION AS AMENDED
That Council approve the 2013 OAG’s Work Plan, as amended by the
motion below, and the amendments to the
Audit Protocol and receive this report.
That the Office of the Auditor
General 2013 work plan be revised to include an audit of Infrastructure
Services and to defer an audit of Service Excellence until after the program is
fully implemented in 2014.
COMMITTEE
RECOMMENDATION
That Council
receive this report for information.
COMMITTEE
RECOMMENDATION
That Council
receive this report for information.
COMMITTEE
RECOMMENDATION
That Council approve a lease between the City of Ottawa and
the National Capital Commission (NCC) for the property at 400 North River Road,
known as Riverain Park, for a forty-nine (49) year term at a rental rate for
the term of $1, and that in kind services (maintenance) on various NCC
properties in the amount of $370,000 per annum be performed to reflect the
current market lease value of the Riverain Park property.
COMMITTEE RECOMMENDATIONS AS AMENDED
That Council
declare as surplus to the City’s needs two (2) residential building lots
located at 1357 Kitchener Avenue shown as Parcels ‘A’ and ‘B’ on Document 1, and authorize staff to proceed with the sale of the lots in
accordance with the City’s Disposal of Real Property Policy and subject to
the following:
1.
That the
provisions regarding the sale of these parcels include the following in the
agreement of purchase and sale:
a.
That
development on each parcel be limited to a detached dwelling; and
b.
That no more
than one dwelling be permitted on each parcel; and
2.
That the
above provisions be set forth in a restrictive covenant to be registered
against the title to this property on closing.
COMMITTEE RECOMMENDATIONS
That Council approve:
1.
The Urban Natural Features acquisitions
described in this report in accordance with the terms and conditions contained
in a Memorandum of Understanding between City of Ottawa and Urbandale
Corporation and Riverside South Development Corporation attached as Document 1;
and
2.
Subject to
approval of Recommendation 1 and to the City satisfying all requirements of the
Disposal of Real Property Policy, the delegation of authority to the Deputy
City Manager, Planning and Infrastructure to declare surplus the City lands
described as Parcel 5 on Document 2, and to finalize and execute the required
agreements with Urbandale Corporation and Riverside South Development Corporation.
COMMITTEE RECOMMENDATIONS
That
Council:
1.
Approve
the application for new construction at 506 Kent Street as per drawings
submitted by Harish Gupta Architect Inc. on July 16, 2012;
2.
Issue
the heritage permit with a three year expiry date from the date of issuance;
and
3.
Delegate
authority for minor design changes to the General Manager, Planning and Growth
Management Department.
(Note: The statutory 90-day timeline for consideration of this
application under the Ontario Heritage Act will expire on October 15,
2012)
(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.)
That Council
approve an amendment to Zoning By-law 2008-250 to modify the existing exception
of 300 Greenbank Road, being GM15[1672] H(8), General Commercial subzone 15,
Exception 1672, as detailed in Document 2.
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MOTIONS
OF WHICH NOTICE HAS BEEN GIVEN PREVIOUSLY
MOTION
Moved by Councillor R. Bloess
Seconded by Councillor B. Monette
WHEREAS since June 2007 it has been the
position of the City of Ottawa that, if there is to be an east-end
Interprovincial bridge crossing, it be located at the Kettle Island corridor;
and
WHEREAS Council voted in 2009 to oppose
corridors 6 and 7 to be considered during Phase 2 of the Interprovincial
Crossings study; and
WHEREAS the National Capital Commission
has included corridors 6 and 7 for consideration during Phase 2; and
WHEREAS the damage to Highway 174 known as
the “sinkhole” provides a preview of future traffic issues if an
Interprovincial bridge connects to the 174; and
WHEREAS the 174 “sinkhole” demonstrates
that the priority of Council should be on extending LRT to Orléans to
alleviate highway concerns, rather than on a bridge to Quebec;
THEREFORE BE IT RESOLVED THAT Council is
opposed to an Interprovincial bridge in the east-end of Ottawa.
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FIRST
AND SECOND READINGS
A by-law of the City of Ottawa to provide for a drainage works
project improving, extending to an outlet and altering the drainage works that
were originally authorized and constructed under Monahan Creek Municipal Drain
By-laws 19-69 and 41-73 and modified under Monahan Creek Municipal Drain By-law
2003-396.
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a) A by-law of the City of
Ottawa to amend By-law No. 2003-499 respecting fire routes.
b) A by-law of the City of
Ottawa to close the Lane on Registered Plan No. 342654, located in the
Geographic Township of Nepean, City of Ottawa.
c) A by-law of the City of
Ottawa to establish certain lands as common and public highway and assume
them for public use.
d) A by-law of the City of
Ottawa designating the Kanata North Business Park Area as an improvement
area.
e) A by-law of the City of
Ottawa to establish a Board of Management for the Kanata North Business Park
Improvement Area.
f) A by-law of the City of
Ottawa to amend By-law No. 2007-338 to appoint Municipal Law Enforcement
Officers in the Transit Safety and Enforcement Services Branch of the Transit
Services Department.
g) 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.
h) A by-law of the City of
Ottawa to establish certain lands as common and public highway and assume it
for public use (Richardson Side Road).
i) 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 300 Greenbank Road.
j) A by-law of the City of
Ottawa to designate certain lands at 100 to 118 Battersea Crescent (even
only); 130 to 146 Battersea Crescent (even only); 117 to 151 Battersea
Crescent (odd only) as being exempt from Part Lot Control.
k) A by-law of the City of
Ottawa to designate certain lands at 552 and 554 Barrick Hill Road as being
exempt from Part Lot Control.
l) A by-law of the City of
Ottawa to designate certain lands and improvements thereon as a municipal capital
facility.
m) A by-law of the City of Ottawa to
close the Lane on Registered Plan No. 342654, located in the Geographic
Township of Nepean, City of Ottawa.
n) A by-law of the City of
Ottawa to close the Lane on Registered Plan No. 342654, located in the Geographic
Township of Nepean, City of Ottawa.
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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.
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