OTTAWA CITY COUNCIL
Wednesday, 10
October 2012, 10:00 am
Andrew S.
Haydon Hall, 110 Laurier Avenue West
MINUTES 42
The Council of the City of
Ottawa met at Andrew S. Haydon Hall, 110 Laurier Avenue West, Ottawa, on 10
October 2012 beginning at 10:00 a.m.
The Mayor, Jim Watson,
presided and led Council in prayer.
The National Anthem was
performed by the Holy Trinity Jazz Band.
ANNOUNCEMENTS/CEREMONIAL
ACTIVITIES
RECOGNITION – MAYOR’S CITY BUILDER
AWARD
Mayor Jim Watson and
Councillor Peter Hume presented the Mayor’s City Builder Award to Mr. Michael
Hanna for his outstanding generosity and community service.
RECOGNITION
– OTTAWA FIRE SERVICES
Mayor
Jim Watson welcomed the Acting Fire Chief Kim Ayotte and presented letters of
congratulations to seven members of the Ottawa Fire Services who participated
in the North American Rescue Challenge, and returned with first place.
ROLL CALL
ALL MEMBERS WERE PRESENT.
CONFIRMATION OF MINUTES
The Minutes of the regular
meeting of 26 September 2012 were confirmed.
DECLARATIONS
OF INTEREST INCLUDING THOSE ORIGINALLY ARISING FROM PRIOR MEETINGS
No declarations were
received.
COMMUNICATIONS
The following
communications were received:
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Municipalities
are Counting on the Legislature to Get Arbitration Reform Right
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AMO Report to Members - Highlights
of the September 2012 Board Meeting
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Other
Correspondence Received:
·
Memorandum dated
25 September 2012 from the Director, Corporate Programs and Business Services,
City Manager’s Office, with respect to the City of Ottawa’s response to the
Province’s Proposed Changes to Regulations of the AODA.
·
Document submitted
by Liam Mooney, containing 295 names, asking Council to examine other options
for economic development rather than a casino and submitted in reference to
Finance and Economic Development Committee Report 25, Item 11, City Of Ottawa’s
Response to Ontario Lottery Gaming Corporation Request for Expressions of
Interest.
·
Memorandum
from the City Treasurer dated 03 October 2012 on the subject matter of New
Funding Agreement with Ontario Lottery Gaming Corporation
REGRETS
No regrets were filed.
MOTION TO INTRODUCE REPORTS
MOTION NO. 42/1
Moved by Councillor D.
Deans
Seconded by Councillor T.
Tierney
That Agriculture and Rural Affairs Committee Report 23;
Community and Protective Services Committee Report 16A; Finance and Economic
Development Committee Report 25; and Planning Committee Report 37, be received and considered.
CARRIED
COMMUNITY AND PROTECTIVE SERVICES COMMITTEE REPORT 16A
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1.
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CRIME PREVENTION OTTAWA: WHY
COMMUNITY-BASED CRIME PREVENTION WORKS, UPDATED NEIGHBOURHOOD TOOLKIT AND
ACTION REPORT 2011-2012
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COMMITTEE
RECOMMENDATION
That Council receive this report for
information.
RECEIVED
FINANCE AND ECONOMIC DEVELOPMENT
COMMITTEE REPORT 25
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2.
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COMPREHENSIVE ASSET
MANAGEMENT PROGRAM
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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.
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3.
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LONG RANGE FINANCIAL PLAN IV – TAX
SUPPORTED CAPTIAL
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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.
CARRIED
Note: Items 6 and 7 of Finance and
Economic Development Committee Report 25 (Items 4 and 5 on the Ottawa City
Council Agenda) were considered concurrently.
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4.
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LANSDOWNE PARTNERSHIP PLAN IMPLEMENTATION – FINAL
REPORT ON LEGAL AGREEMENTS
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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”.
MOTION NO. 42/2
Moved by Councillor M. McRae
Seconded by Councillor K. Hobbs
WHEREAS it is necessary
that certain technical amendments be made to the final LPP legal Agreements,
including those described in the two Council Lansdowne Partnership Plan
Reports, the updated LPP Project Agreement Framework attached as Document 1 –
“Overview of Structure and Content – Final LPP Project Agreements” or on file
with the City Clerk and Solicitor in order to implement the legal close of the
Lansdowne Partnership Plan;
AND WHEREAS such changes
would not affect the upset maximum cost to the City or the maximum upset limit
of potential liability to it under the LPP;
AND WHEREAS the Ottawa
Sports and Entertainment Group, the Members and the City are undertaking to
complete certain legal Agreements described in the two Council Reports in
accordance with such Reports and in carrying out the undertaking the parties
shall act reasonably and in good faith;
THEREFORE BE IT RESOLVED
THAT:
1.
Document
2 of the Lansdowne Partnership Plan Implementation – Final Report on Legal
Agreements, being the “Listing of final LPP legal Agreements on file with the
City Clerk and Solicitor” be amended to show that two legal Agreements from
each of the “Agreements for Closing” and “Completed Agreements” categories be
moved into the “Post-Closing Agreements” category, namely: the Master Site
Agreement and the Additional Reciprocal Agreements and the CFL Partnership and
OHL Partnership Sublease Agreements; and,
2. The City Manager be
delegated authority to make such additions, deletions, amendments and other
changes as may be necessary or desirable to the final LPP legal Agreements,
including those described in the two Council LPP Reports, the updated LPP
Project Agreement Framework attached as Document 1 – “Overview of Structure and
Content – Final LPP Project Agreements” or on file with the City Clerk and
Solicitor in order to implement the legal close of the Lansdowne Partnership
Plan, providing such changes do not affect the upset maximum cost to the City
or the maximum upset limit of potential liability; and,
3.
The authority delegated to the City Manager in these reports and
in all other prior reports in respect of the Lansdowne Partnership Plan be
further delegated to the Deputy City Managers such that either the City Manager
or a Deputy City Manager be authorized and directed to exercise such authority,
including to execute and to deliver any LPP legal Agreements, should the City Manager be unable for
any reason to exercise the delegated authority (e.g. the Deputy City Manager of
Planning and Infrastructure between October 11 and 18, 2012 and the Deputy City
Manager of City Operations between October 19 and 21, 2012).
CARRIED
Item 6 of Finance and
Economic Development Committee Report 25 (Item 4 of the Ottawa City Council
Agenda), as amended by Motion No. 42/2 and set out in full below, was then put
to Council:
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,” and as amended by
the following:
Document 2 of the Lansdowne Partnership Plan
Implementation – Final Report on Legal Agreements, being the “Listing of final
LPP legal Agreements on file with the City Clerk and Solicitor” be amended to
show that two legal Agreements from each of the “Agreements for Closing” and
“Completed Agreements” categories be moved into the “Post-Closing Agreements”
category, namely: the Master Site Agreement and the Additional Reciprocal
Agreements and the CFL Partnership and OHL Partnership Sublease Agreements.
5.
The
City Manager be delegated authority to make such additions, deletions,
amendments and other changes as may be necessary or desirable to the final LPP
legal Agreements, including those described in the two Council LPP Reports, the
updated LPP Project Agreement Framework attached as Document 1 – “Overview of
Structure and Content – Final LPP Project Agreements” or on file with the City
Clerk and Solicitor in order to implement the legal close of the Lansdowne
Partnership Plan, providing such changes do not affect the upset maximum cost
to the City or the maximum upset limit of potential liability; and,
6.
The
authority delegated to the City Manager in these reports and in all other prior
reports in respect of the Lansdowne Partnership Plan be further delegated to
the Deputy City Managers such that either the City Manager or a Deputy City
Manager be authorized and directed to exercise such authority, including to
execute and to deliver any LPP legal Agreements, should the City Manager be unable for any reason to exercise
the delegated authority (e.g. the Deputy City Manager of Planning and
Infrastructure between October 11 and 18, 2012 and the Deputy City Manager of
City Operations between October 19 and 21, 2012).
CARRIED on a division of 21
YEAS to 3 NAYS as follows:
YEAS (21): Councillors P. Clark,
S. Desroches, J. Harder, R. Bloess,
S. Qadri, S. Blais, K. Egli, E. El-Chantiry, M. Fleury, S. Moffatt, M.
Wilkinson, D. Thompson, M. McRae, B. Monette, P. Hume, M. Taylor, T. Tierney,
A. Hubley, R. Chiarelli, K. Hobbs and Mayor J. Watson.
NAYS (3): Councillors D. Holmes, D. Deans and D.
Chernushenko.
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5.
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Lansdowne Partnership plan
- authorization to proceed with LEGAL Close and implementation
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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.
Item 7 of Finance and
Economic Development Committee Report 25 (Item 5 of the Ottawa City Council
Agenda), as amended by Motion
No. 42/2, presented at item 4, and set out in full below, was then put to
Council:
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.
9.
The
City Manager be delegated authority to make such additions, deletions,
amendments and other changes as may be necessary or desirable to the final LPP
legal Agreements, including those described in the two Council LPP Reports, the
updated LPP Project Agreement Framework attached as Document 1 – “Overview of
Structure and Content – Final LPP Project Agreements” or on file with the City
Clerk and Solicitor in order to implement the legal close of the Lansdowne
Partnership Plan, providing such changes do not affect the upset maximum cost
to the City or the maximum upset limit of potential liability; and,
10. Document 2 of the Lansdowne
Partnership Plan Implementation – Final Report on Legal Agreements, being the
“Listing of final LPP legal Agreements on file with the City Clerk and
Solicitor” be amended to show that two legal Agreements from each of the “Agreements
for Closing” and “Completed Agreements” categories be moved into the
“Post-Closing Agreements” category, namely: the Master Site Agreement and the
Additional Reciprocal Agreements and the CFL Partnership and OHL Partnership
Sublease Agreements.
11. The authority delegated to
the City Manager in these reports and in all other prior reports in respect of
the Lansdowne Partnership Plan be further delegated to the Deputy City Managers
such that either the City Manager or a Deputy City Manager be authorized and
directed to exercise such authority, including to execute and to deliver any
LPP legal Agreements, should
the City Manager be unable for any reason to exercise the delegated authority
(e.g. the Deputy City Manager of Planning and Infrastructure between October 11
and 18, 2012 and the Deputy City Manager of City Operations between October 19
and 21, 2012).
CARRIED on a division of 21
YEAS to 3 NAYS as follows:
YEAS (21): Councillors P. Clark, S. Desroches, J.
Harder, R. Bloess, S. Qadri, S. Blais, K. Egli, E. El-Chantiry, M. Fleury,
S. Moffatt, M. Wilkinson, D. Thompson, M. McRae,
B. Monette, P. Hume, M. Taylor, T. Tierney, A. Hubley,
R. Chiarelli, K. Hobbs and Mayor J. Watson.
NAYS (3): Councillors D. Holmes, D. Deans and D.
Chernushenko.
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6.
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CITY OF OTTAWA’S
RESPONSE TO ONTARIO LOTTERY GAMING CORPORATION REQUEST FOR EXPRESSIONS OF
INTEREST
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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.
DIRECTION TO STAFF
That staff be directed to
report back to Finance and Economic Development Committee and Council with
information on the proponents (e.g. requests they have made of staff, proposed
sites, etc.). The timing of such report to be determined by staff after
consulting with the Ontario Lottery Gaming Corporation (OLG). And that staff be prepared to take from Committee and
Council, any guidance with respect to responding to inquiries from proponents
or the OLG.
Item 11 of
Finance and Economic Development Committee Report 25 (Item 7 of the Ottawa City
Council Agenda) CARRIED on a division of 19 YEAS to 5 NAYS as follows:
YEAS (19): Councillors
P. Clark, S. Desroches, J. Harder, R. Bloess,
S. Qadri, D. Holmes, S. Blais, K. Egli, E. El-Chantiry,
M. Wilkinson, D. Thompson, M. McRae, B. Monette, P. Hume, M. Taylor, A. Hubley,
R. Chiarelli, K. Hobbs and
Mayor J. Watson.
NAYS (5): Councillors
M. Fleury, S. Moffatt, D. Deans, D. Chernushenko and T. Tierney.
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PLANNING COMMITTEE REPORT 37
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7.
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Cultural
Heritage Impact Statements
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COMMITTEE
RECOMMENDATION
That Council adopt
the “Guidelines for the Preparation of Cultural Heritage Impact Statements”
included as Document 1.
CARRIED
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8.
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permanent signs on private
property –
amendments to permit digital billboard signage
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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.
MOTION NO. 42/3
Moved by Councillor P. Hume
Seconded by Councillor J. Harder
WHEREAS Recommendation 2 of
the report entitled “Permanent Signs on Private Property – Amendments to Permit
Digital Billboard Signage” was amended by Planning Committee at their meeting
of September 25, 2012, directing staff to 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; and
WHEREAS the resulting
change in wording to Recommendation 2 has the effect of omitting the
recommended requirement to follow-up on digital billboards, in particular with
respect to traffic safety, and of the need to report back on emerging signage
technologies on a city-wide basis in 2015 which was not intended;
THEREFORE BE IT RESOLVED
that that Recommendation 1 be amended to remove the word “and” after the
semi-colon; that Recommendation 2 be re-instated as originally worded prior to
amendment by Planning Committee; and that a new recommendation, Recommendation
3 be approved to reflect Planning Committee’s intent with respect to the review
of digital billboards in suburban and rural areas, as follows:
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 2015 with
an update on digital billboards and recommendations with respect to other
emerging digital technologies in signs; and
3. Direct
the Planning and Growth Management Department to return to Council in Q3 of
2013 with an update on digital billboard location criteria in the suburban and
rural areas.
CARRIED
MOTION NO. 42/4
Moved by Councillor D. Chernushenko
Seconded by Councillor K. Hobbs
WHEREAS concern has been
expressed by members of the public that the proposed regulations will not
require the digital billboards to be shut off late at night;
AND WHEREAS requiring
digital billboards to be shut off late at night will reduce potential driver
distractions and eliminate any impact from illumination on adjacent uses during
the late night hours;
THEREFORE BE IT RESOLVED
THAT Document 1 of Recommendation 1 be amended to require that digital
billboards be shut-off between 12 a.m. (midnight) and 6:00 a.m. of the
following day so that a digital billboard not emit any light, or display any
image or message, during that time.
Motion No. 42/4 LOST on a
division of 5 YEAS to 18 NAYS as follows:
YEAS (5): Councillors R. Bloess, D. Holmes, D.
Chernushenko, P. Hume and K. Hobbs.
NAYS (18): Councillors P. Clark, S. Desroches, J.
Harder, S. Qadri,
S. Blais, K. Egli, E. El-Chantiry, M. Fleury, S. Moffatt,
M. Wilkinson, M. McRae, D. Deans, B. Monette, M. Taylor,
T. Tierney, A. Hubley, R. Chiarelli and Mayor J. Watson.
Item 4 of Planning
Committee Report 37 (Item 8 of the Ottawa City Council Agenda), as amended by
Motion No. 42/3 and set out in full below, was then put to Council:
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 2015 with
an update on digital billboards and recommendations with respect to other
emerging digital technologies in signs; and
3. Direct
the Planning and Growth Management Department to return to Council in Q3 of
2013 with an update on digital billboard location criteria in the suburban and
rural areas.
CARRIED
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9.
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Demolition Control - 446 Fraser Avenue
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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.
CARRIED
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A.
MONAHAN
creek Municipal DRain Modifications
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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.
CARRIED
COMMUNITY AND PROTECTIVE SERVICES COMMITTEE REPORT 16A
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B.
COMMEMORATIVE
NAMING COMMITTEE PROPOSAL – Norman edwards park
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COMMITTEE
RECOMMENDATION
That
Council approve a proposal to name a new park at 155 Sunshine Crescent,
“Norman Edwards Park”.
CARRIED
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C.
COMMEMORATIVE
NAMING COMMITTEE PROPOSAL - Egbert Reitsma Parkette
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COMMITTEE
RECOMMENDATION
That
Council approve a proposal to name the parkette at 100 Clifford Campbell
Street, as “Egbert Reitsma Parkette.”
CARRIED
|
D.
COMMEMORATIVE
NAMING COMMITTEE PROPOSAL – Jim malone park
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COMMITTEE
RECOMMENDATION
That Council
approve a proposal to rename Goldridge Park, at 400 Goldridge Drive, as “Jim
Malone Park.”
CARRIED
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E.
COMMEMORATIVE NAMING
COMMITTEE PROPOSAL - SYD AND VERNA COTTON PARK
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COMMITTEE RECOMMENDATION
That Council approve a proposal to name an unnamed park at 1070 Forest Lea Drive,
as “Syd and Verna Cotton Park.”
CARRIED
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F.
COMMUNITY
PARTNERSHIP MINOR CAPITAL PROGRAM SUMMARY OF FUNDING ALLOCATIONS 2011
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COMMITTEE
RECOMMENDATION
That Council receive the listing of
projects funded through the program in 2011 as detailed in Document 1.
CARRIED
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G.
COMMUNITY
PARTNERSHIP MAJOR CAPITAL PROGRAM SUMMARY OF FUNDING ALLOCATIONS 2012
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COMMITTEE
RECOMMENDATION
That Council approve the listing of projects as detailed
in Document 1.
CARRIED
FINANCE AND ECONOMIC DEVELOPMENT
COMMITTEE REPORT
NO 25
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H.
OFFICE OF THE AUDITOR GENERAL (OAG) – 2013 WORK PLAN,
BY-LAW AND PROTOCOL AMENDMENTS AND SUCCESSION PLAN
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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.
CARRIED
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I.
OTTAWA MUNICIPAL
CAMPGROUND AUTHORITY - ANNUAL REPORT
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COMMITTEE
RECOMMENDATION
That Council receive this report for
information.
RECEIVED
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J.
DELEGATION OF AUTHORITY – CONTRACTS AWARDED FOR THE
PERIOD APRIL 1, 2012 TO JUNE 30, 2012
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COMMITTEE
RECOMMENDATION
That Council receive this report for
information.
RECEIVED
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K.
LEASE - RIVERAIN PARK – OTHER PROPERTIES - NATIONAL
CAPITAL COMMISSION
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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.
CARRIED
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L.
SURPLUS DECLARATION AND SALE – 1357 KITCHENER AVENUE
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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.
CARRIED
|
M.
PROPERTY ACQUISITION - URBAN NATURAL FEATURES: UNA #98 –
RIVERSIDE SOUTH FOREST AND UNA #100 – ARMSTRONG ROAD SOUTH WOODS –
URBANDALE CORPORATION AND RIVERSIDE SOUTH DEVELOPMENT CORPORATION
|
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.
CARRIED
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PLANNING COMMITTEE REPORT 37
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|
N.
APPLICATION
FOR NEW CONSTRUCTION AT 506 KENT STREET, A PROPERTY LOCATED IN THE CENTRETOWN
HERITAGE CONSERVATION DISTRICT
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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.)
CARRIED
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O. ZONING – 300
GREENBANK ROAD
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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.
CARRIED
MOTION TO ADOPT REPORTS
MOTION NO. 42/5
Moved by Councillor D. Deans
Seconded by Councillor T. Tierney
That
Agriculture and Rural Affairs Committee Report 23; Community and Protective
Services Committee Report 16A; Finance and Economic Development Committee
Report 25; and Planning Committee Report 37, be received and adopted as amended.
CARRIED
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MOTIONS
OF WHICH NOTICE HAS BEEN GIVEN PREVIOUSLY
MOTION NO. 42/6
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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MOTION NO. 42/7
Moved
by Councillor M. Fleury
Seconded by Councillor P. Clark
WHEREAS at the Council meeting of 26
September 2012, Councillor Bloess introduced a Notice of Motion for
consideration at a subsequent meeting, seconded by Councillor Monette, on the
subject of an Interprovincial bridge in the east-end of Ottawa;
AND WHEREAS the above-referenced
Motion is scheduled to be considered at today’s meeting of Ottawa City Council
under “MOTIONS OF WHICH NOTICE HAS BEEN GIVEN PREVIOUSLY”;
AND WHEREAS City Council at its
meeting of 14 July 2010 approved the following: “That the Interprovincial
Transportation Study be completed prior to the selection of an interprovincial
corridor.”
AND WHEREAS the Interprovincial
Transportation Study is expected to be completed in 2013
THEREFORE BE IT RESOLVED that this
matter be deferred until the Interprovincial Transportation Study is completed.
DEFERRAL
CARRIED, with Councillors S. Blais, B. Monette, J. Harder, R. Bloess, and T.
Tierney dissenting.
MOTIONS
REQUIRING THE SUSPENSION OF THE RULES OF PROCEDURE
MOTION NO. 42/8
Moved
by Councillor P. Hume
Seconded
by Mayor J. Watson
THAT the Rules of
Procedure be waived to consider the following motion, as this matter is
currently before Provincial Legislature.
WHEREAS, the City of Ottawa Police
Services Board passed a motion on September 24, 2012, directing the Chair to
write to the Leaders of political parties and the Government of Ontario
regarding the issue of interest arbitration reform; and
WHEREAS, the City of Ottawa is pleased
that both the Liberal government and the PC party have kept the issue of
interest arbitration reform at the forefront of major policy discussions; and
WHEREAS, the City of Ottawa supports
the overall intention of interest arbitration reform; and
WHEREAS, a preliminary review
indicates that there appears to be room for improvement in both pieces of draft
legislation before the legislature; and
WHEREAS, the City of Ottawa trusts
that through further consultation these issues can be resolved; and
WHEREAS, the City of Ottawa is aware
that AMO and the Emergency Services Steering Committee are reviewing these
issues and look forward to further discussion and input;
THEREFORE BE IT RESOLVED, that the
City of Ottawa requests that the Legislature work collectively in the best
interests of Ontario municipalities and Ontario taxpayers on this important
issue of interest arbitration reform.
AND BE IT FURTHER RESOLVED THAT the
Mayor write to the Premier, the Leader of the Opposition and the leader of the
New Democratic Party conveying Council’s approval of this motion.
CARRIED
MOTION NO. 42/9
Moved
by Councillor D. Chernushenko
Seconded
by Councillor M. McRae
WHEREAS City Council approved Motion
41/9 at its meeting on September 26th, 2012, in order to submit
applications for the Province of Ontario’s Feed-in Tariff (FIT) Program which is
anticipated to open soon;
THERFORE BE IT RESOLVED THAT the Rules
of Procedure be waived to consider the following revision to that motion:
WHEREAS City Council’s Motion 41/9
supported the construction and operation of Rooftop Solar Projects anywhere in
the City of Ottawa; and
WHEREAS Ontario Power Authority has
subsequently advised the City that the phrase “subject to staff review” in the
approved resolution supporting the FIT Program does not meet their requirement
for approval purposes;
THEREFORE BE IT RESOLVED that Motion
41/9 be amended to delete the phrase “subject to staff review.”
CARRIED
MOTION NO. 42/10
Moved
by Councillor S. Desroches
Seconded
by Councillor M. McRae
That
the Rules of Procedure be suspended to consider the following motion:
WHEREAS
The Ottawa Senators are involved in collective bargaining negotiations between
the National Hockey League Players' Association (“NHLPA”) and the National
Hockey League (“NHL”);
AND
WHEREAS the NHL and NHL Players' Association remain in lockout, and stalemated
with no clear path to resolution in sight;
AND
WHEREAS the Ottawa Senators activities in Ottawa contribute millions of dollars
to the local economy;
AND WHEREAS the loss of Ottawa’s only
professional sports team will have a rippling effect on thousands of City of
Ottawa residents: from employees of the Ottawa Senators, food vendors and
security and cleaning staff at Scotiabank Place as well as impact on local
sports bars, restaurants, hotels etc. and economic impact attributable to visiting
teams such as fewer hotel room nights, fewer airport landing fees, smaller
corporate hospitality expenditures;
AND WHERAS the absence of Ottawa
Senator’s games in the 2012/13 season will mean millions of dollars in lost
indirect economic activity in Ottawa related to companies and suppliers to
Scotiabank Place and the Senators as well as a reduction in expenditures by
employees disaffected directly;
AND WHEREAS the loss of Ottawa
Senators games will have material negative impact on the branding and
attractiveness of Ottawa as a destination; the marketing value alone of U.S.
broadcasts of Ottawa games generates more than 4.5 million impressions per
game.
AND WHEREAS the Ottawa Senators have a
deep connection to the community, but are unable to continue making the
considerable contribution to the quality of life in Ottawa that is usual
because those players who are absent, playing abroad are unable to participate
in community events and charities; charities, hospitals and other community
organizations that use Senators tickets as part of their fundraising are
materially disaffected and the Ottawa Senators Community Foundation is less
able to contribute as usual because they are unable to raise funds at games;
THEREFORE BE IT RESOLVED that the City
of Ottawa seek a swift resolution of this impasse by sending a letter from the
Mayor to the Executive Director of the NHLPA and to the commissioner of the NHL
highlighting the economic impact of this situation and urging them to reach a
settlement;
AND BE IT FURTHER RESOLVED that the
Mayor also write to the Mayors of other Canadian NHL franchise municipalities
encouraging them to write similar letters to the NHLPA and to the NHL.
CARRIED
MOTION TO INTRODUCE
BY-LAWS
MOTION NO. 42/11
Moved by Councillor D.
Deans
Seconded by Councillor
T. Tierney
That the following by-laws be enacted and passed:
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.
|
2012-352
A by-law of the City of Ottawa to amend By-law No. 2003-499 respecting fire
routes.
2012-353
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.
2012-354
A by-law of the City of Ottawa to establish certain lands as common and
public highway and assume them for public use.
2012-355 A by-law of the City
of Ottawa designating the Kanata North Business Park Area as an improvement
area.
2012-356 A by-law of the City
of Ottawa to establish a Board of Management for the Kanata North
Business Park Improvement Area.
2012-357 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.
2012-358 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.
2012-359 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).
2012-360 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.
2012-361 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.
2012-362 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.
2012-363 A by-law of the City
of Ottawa to designate certain lands and improvements thereon as a
municipal capital facility.
2012-364 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.
2012-365 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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CARRIED
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CONFIRMATION
BY-LAW
MOTION NO. 42/12
Moved by Councillor D.
Deans
Seconded by Councillor T.
Tierney
THAT
By-law 2012-366 to confirm the proceedings of Council be enacted and passed.
CARRIED
ADJOURNMENT