SPECIAL OTTAWA CITY COUNCIL
Wednesday, 27 February 2019
1:00 pm
Andrew Haydon Hall, 110 Laurier Avenue W.
MINUTES 8
The Council of
the City of Ottawa met at Andrew S. Haydon Hall, 110 Laurier Avenue West,
Ottawa, on Wednesday, 27 February 2019 beginning at 1:00 p.m.
The Mayor, Jim
Watson, presided and led Council in a moment of reflection.
All Members were
present, except Councillors G. Darouze and J. Leiper.
No declarations of
interest were filed.
MOTION NO 8/1
Moved by
Councillor A. Hubley
Seconded by Councillor C. McKenney
That the report from the General Manager, Transportation Services
Department entitled “Contract Award of
Ottawa’s Stage 2 Light Rail Transit Projects and Related Matters”; and the
report from the General Manager, Corporate Services Department entitled “Long
Range Financial Plan Transit Update” be received and considered
CARRIED
MOTION NO 8/2
Moved
by Councillor K. Egli
Seconded by Mayor J. Watson
WHEREAS the Contract Award of Ottawa’s Stage 2 Light Rail Transit
Projects and Related Matters Report contained a previous version in the
“Delegations of Authority” section on pages 85 and 86; and
WHEREAS the content of the previous version does not affect the
recommendations of the report; and
WHEREAS staff have revised the Delegations of Authority section to
provide clarity and to expressly identify Algonquin College Agreement which was
inadvertently omitted; and
WHEREAS the report is to be tabled at Council on Wednesday, February
27, 2019;
THEREFORE BE IT RESOLVED that the first paragraph of the Delegations
of Authority Section of the report be modified to read as follows;
“This
Report recommends specific delegations of authority to the City Manager with
the concurrence of the General Manager, Corporate Services and City Treasurer
to execute the Memorandum Agreement with Carleton University, the Memorandum of
Agreement with PWGSC, the Crossing Agreement with VIA Rail Canada Inc., and Agreement
with Algonquin College of Applied Arts and Technology. As noted, these
agreements are described in more detail in Appendix 1.
BE IT FURTHER RESOLVED that the following
paragraphs be deleted:
“This Report also recommends a general delegation of
authority to the Director of the Corporate Real Estate Office to approve,
execute, deliver, amend, extend and complete any document, agreement or
instrument resulting from or amending any real estate transaction approved by
the General Manager, Corporate Services and City Treasurer or any agreement
described in Document [x] attached to this report provided that the financial
implications of such resulting document, agreement, instrument or amendment is
within the project budget for the Stage 2 Project and has the concurrence of
the Mayor and the Councillor whose ward includes the relevant property.
Many of the Agreements summarized in Appendix 1, as well as
the property acquisition agreements negotiated by staff, will require the
execution of ancillary agreements and other documents. In addition, amendments
to the agreements may be required over the course of the Stage 2 project as the
design and construction of the two systems proceeds. The purpose of this
recommended delegation to the Director of the Corporate Real Estate Office is
to simplify the administration of agreements which have already been approved
and the completion of the transactions contemplated in these agreements.
CARRIED
MOTION NO 8/3
Moved by
Councillor A. Hubley
Seconded by Councillor C. McKenney
That City Council resolve to move into Committee of the Whole
pursuant to Section 52 of the Procedure By-law.
CARRIED
REPORT
RECOMMENDATIONS
1. That
City Council receive and table the “Contract Award of Ottawa’s Stage 2 Light
Rail Transit Projects and Related Matters” report at its Special meeting of
February 27, 2019, for subsequent consideration by Council at its regular
meeting of March 6, 2019;
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2. That,
at its regular meeting of March 6, 2019, City Council:
a. Receive
the results of the Request for Proposals (RFP) for the Stage 2 Ottawa Light
Rail Transit project, as described in this report and as overseen by a
Fairness Commissioner, and related matters, including the status associated
with the Environmental Assessments and approvals, and the progress achieved
to date through the Memorandum of Understanding related to vehicles and
maintenance for the Confederation Line East and West, as described in this
report;
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b. Approve
the selection of TransitNEXT as the Preferred Proponent to design, build,
finance and maintain the Trillium Line Extension Project, including the
bundled projects and civic works, in the manner described in this report,
including as follows:
i. The
Trillium Line Extension Project;
ii. The
bundled projects and civic works as follows: the Ellwood Diamond Grade
Separation; the Rideau River Pedestrian Bridge; the Dow’s Lake Tunnel
Rehabilitation; the Rideau River Trillium Line Bridge Rehabilitation;
conduits; the Carleton University Tunnel; the Trinity Pedestrian Bridge and
Station at Bayview Avenue; the power pack and transmission overhaul; the
year-8 Alstom vehicle overhaul; the existing Trillium Line Station enhancements;
the Trillium Line Bridge over Sawmill Creek; and, the Trillium Line signal
upgrades; and
iii. The
Airport Link.
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c. Approve
the selection of the East-West Connectors as the Preferred Proponent to
design, build and finance the Confederation Line Extension Project, including
the bundled projects and civic works, in the manner described in this report,
including as follows:
i. The
Confederation Line East and West Extensions;
ii. The
Confederation Line East Extension bundled works and civic projects, as follows:
Montreal Road Bridge; Jeanne D’arc / OR 174 Bridge Repairs; Trim Park and
Ride; OR 174 / Shefford Road Watermain Crossing; OR 174 Non-OLRT Culverts; OR
174 Integrated OLRT Culverts; OR 174 Sound Barriers; Pedestrian and/or
Cycling Projects Outside LRT Scope; OR 174 Concrete Removal; OR 174 / Greens
Creek culvert replacement; OR 174 Intelligent Transportation Systems; City
Traffic Operations – Fibre-optic Breakout Points; Bus layups on Jeanne d’Arc
Boulevard; and
iii. The
Confederation Line West Extension bundled projects and civic works, as
follows: West Transitway North and South Rock Wall; Storm/Sanitary Sewer
Upgrades Pinecrest Creek; Storm/Sanitary Sewer Upgrades for Richmond Road
Complete Streets; Baseline Station Surface Improvements; Goldenrod Bridge;
City Traffic Operations – Fibre-optic Breakout Points; Woodroffe Avenue
Stormwater Pond (Design, EA, Implementation); Bridge enhancements at Moodie
Drive; and, Algonquin College Pedestrian Bridge; and
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d. Direct
staff to continue to review and evaluate the Stage 2 Light Rail Transit
project to achieve cost savings through design efficiencies.
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3. Approve
the budgets and funding sources for the Stage 2 Light Rail Transit project as
follows, and subject to funding received from the federal and provincial
governments and the execution of the related contribution agreements, and
other sources, as described in this report.
a. The
$4,657,445,229 Ottawa’s Stage 2 Light Rail Transit Projects budget and
funding sources as outlined in this report;
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b. The
funding model for the 3.4 kilometre Limebank Road extension for the Trillium
Line, as described in this report and including a $50 million contribution
from the Province of Ontario and an additional $30 million contribution
through area-specific development charges;
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4. Delegate
authority to the City Manager to negotiate, finalize, execute, deliver, amend
and extend the Trillium Line Extension and Confederation Line Extension
Project Agreements and associated ancillary agreements, including executing
the federal and provincial contribution agreements, for the Stage 2 Ottawa
Light Rail Transit project, in accordance with, and subject to, the
conditions described in this report;
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5. Approve
the City’s payment and other related obligations under the Project Agreements
for Confederation Line Extension and Trillium Line Extension Projects, both
during the construction term, and the maintenance and service term for
Trillium Line, as described in this report;
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6. Delegate
authority to the City Treasurer to take any further steps, and carry out any
further acts, as may be necessary to give effect to the approved budgets and
funding sources for the Stage 2 Ottawa Light Rail Transit project, and the
transition and the project contingency, subject to the terms and conditions
described in this report;
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7. Receive
the summaries of the key terms of the complex agreements with the National
Capital Commission, Canadian Property Holdings (South Keys) Inc. and Calloway
REIT (South Keys) Inc., and the Ottawa Macdonald-Cartier International
Airport Authority as described in Appendix 1, and approved under delegated
authority and approve the following:
a. Delegate
to the City Manager with the concurrence of the General Manager, Corporate
Services and City Treasurer the authority to execute a Memorandum of
Agreement with Carleton University as described in this report and summarized
in Appendix 1.
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b. Delegate
to the City Manager with the concurrence of the General Manager, Corporate
Services and City Treasurer the authority to execute an Agreement with
Algonquin College as described in this report and summarized in Appendix 1.
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c. Delegate
to the City Manager with the concurrence of the General Manager, Corporate
Services and City Treasurer the authority to execute a Memorandum of Agreement
with Public Works and Government Services Canada as described in this report
and summarized in Appendix 1.
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d. Delegate
to the City Manager with the concurrence of the General Manager, Corporate
Services and City Treasurer the authority to execute a Crossing Agreement
with VIA Rail Canada Inc. to permit the construction of a grade separation at
Ellwood as described in this report and summarized in Appendix 1.
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8. Delegate
to the General Manager, Planning, Infrastructure and Economic Development
Department, the authority to finalize and execute the financing agreement
with Riverside South Development Corporation in respect of the Trillium Line
Extension Project of Light Rail to Limebank Road, as described in this
report.
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9. Approve
the following measures to facilitate the construction of the Stage 2 Ottawa
Light Rail Transit project, as described in this report:
a. Delegate
the authority to the General Manager, Transportation Services, to negotiate,
approve, execute, deliver, amend and extend the Utility Works Infrastructure
Letter of Agreement with Hydro Ottawa Limited, subject to the terms described
in this report;
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b. Approve
the tipping fee structure for soil and excavated material as outlined in this
report; and
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c. Delegate
the authority to the City Clerk and Solicitor to amend any by-laws, processes
or policies to give effect to the decisions of Council related to this
project, and to place any resulting amending by-law on the agenda of the City
Council meeting in Q2, 2019, for enactment to amend Light Rail Regulation
By-law 2015-301 as described in the report.
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Chris Swail, Director, O-Train Planning, Transportation
Services Department (TSD) and Isabelle Jasmin, Deputy Treasurer, Corporate
Services Department provided a detailed PowerPoint presentation. A copy of
this presentation is held on file with the City Clerk.
The
following delegations addressed the Committee of the Whole with respect to the Contract
Award of Ottawa’s Stage 2 Light Rail Transit Projects and Related Matters. Those
persons whose names are marked with an asterisk (*) have also provided a
written submission, and these documents are held on file with the City Clerk.
- Mark Laroche,* President and CEO of the Ottawa
International Airport Authority, spoke in support of the project, and the
importance of the Airport Link, for which the Airport is a partner and
contributor.
- Catherine Callary, Vice-president of Destination
Development, Ottawa Tourism – spoke in support of the project, and its
impact Tourism Ottawa’s efforts to market Ottawa as a destination for
visitors to.
- Claude Brulé, Senior Vice President, Academic, Algonquin
College, spoke in support of the project and its significant impact on
Algonquin College students, staff and the broader community, as well as
the value of the college’s partnership with the City on Algonquin Station.
- Lise Bourgeois, Presidente-directrice
générale, La Cité, spoke in support of the project, and its significance
for the institution, and expressed an interest in seeing the future Trim
station, which will serve their Orleans campus, named in recognition of la
Cité.
- John Harrison, Eastern Ontario and
Western Quebec Building and Trades Council, spoke in support of the
project, and to its economic impacts during and after construction.
- Guy Annable expressed concerns with the
lack of publicly-available information available with respect to the
criteria and scoring methodology for the procurement, concerns with the
preferred proponent for the Trillium Line Extension Project, as well as
some particular concerns about the suitability of some station designs for
Canadian weather.
- Ian Faris, President, Ottawa Board of
Trade, spoke in support of the project, and impacts of the expansion of
LRT on economic growth and the ability for Ottawa companies to attract and
retain skilled talent, and requested that an economic lens be used in
planning future expansion that would include Kanata and Stittsville
neighbourhoods.
- Veronica Farmer, Kanata North Business
Association, spoke in support of the project, and the importance of
improving transit connectivity to Kanata North businesses.
- Paul Black, Fotenn Consultants Inc. spoke
on behalf Morguard Investments and Richcraft Group,* Owners of the lands located
at 1424 Earl Armstrong. He spoke in opposition to the proposed elevation
of Limebank Road over the proposed rail corridor, and requested an
alternative design.
- Alex Cullen, spoke on behalf of the Federation
of Citizens Associations* recommending that the City of Ottawa review its
transit fare structure in order maximize transit ridership as a means of
achieving its target modal share for transit. On behalf of the Belltown
Neigbours’ Association and community associations surrounding Lincoln
Fields, Mr. Cullen sought assurance that there is scope within station
design for Lincoln Fields Station to integrate with the major development
around the station as part of a Secondary Planning process
- Kathryn Moore, Director of Government Relations,
University of Ottawa, spoke in support of the project and its importance
to UOttawa and in linking the City’s post-secondary institutions. She
also spoke to UOttawa’s involvement in Stage I and willingness to
participate in Stage II at the appropriate time.
- Trevor Haché, Healthy Transportation Coalition*, expresses
concerns with Process, the Public Private Partnership (P3) model,
accountability, equity, and climate change impacts, and recommended
alternative transit funding options. He also spoke to the lack of a safe
pedestrian crossing on Woodridge Crescent crossing at Bayshore station.
- Miranda Gray* expressed spoke in opposition to the
contract award for the Trillium Line Extension project, and in favour of
the Confederation Line East and West Connections. She also raised concerns
on a number of mobility elements, including lack of bike parking spots,
and station designs.
- J.P. Unger spoke in opposition to the contract award as
proposed. He expressed concerns with process, transparency, timing and
costs of the project, including concerns with the preferred proponent for
the Trillium Line Extension Project, and expressed concern with lack of
funding for maintenance of other City assets.
- Geoffrey Sharpe expressed concern with limited public
consultation and escalating costs of the project, as well as his concerns
with the unreliability of existing transit service and the delays in Stage
I. He also questioned whether the Province had committed to their
contribution to the project.
- Anthony Friend, Action Sandy Hill, spoke in support of the
project. While acknowledging the project resulted from urban sprawl and
served the suburbs, he spoke to the benefits of the proposed project for
inner city neighbourhoods, including reduced traffic from outside into the
inner city.
- Toon Dreessen, Architects DCA noted the expansion of LRT
was necessary, but expressed concerns with the process, lack of time given
to Council to make its decision, and concerns with the use of the P3
model, including but not limited to greater cost and less control.
- Amit Sanyal, wondered why the project
cannot finish on time and on budget, as projects elsewhere have. He also
spoke to the fact that while he was overall happy with transit system in
Ottawa, but is concerned in the winter with icy conditions and snow not
removed.
Council
also received the following written submissions prior to consideration in
Committee of the Whole, which are held on file with the City Clerk:
a)
Written Submission dated February 27, 2019 from Benoit-Antoine
Bacon, President and Vice-Chancellor, Carleton University
b)
Written Submission dated February 27, 2019 from Monica Patten and
Ian McConnachie, Crystal Beach Lakeview Community Association
c)
Written Submission dated February 26, 2019 from Margaret Knowles,
Senior Vice-President, Development, Morguard Investments Limited
d)
Written Submission dated February 26, 2019 from Bruce Lindsay and
Penelope Gould
e)
Written Submission dated February 4, 2019 from Paul Baldwin
Following delegations and questions to staff in Committee of the
Whole, Council TABLED an REFERRED the report to the
City Council meeting of Wednesday, March 6, 2019.
REPORT RECOMMENDATION
That Council receive this report for information.
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This
item was considered in Committee of the Whole jointly with Item 1 above.
Following
delegations and questions to staff in Committee of the Whole, Council TABLED and
REFERRED the report to the City Council meeting of
Wednesday, March 6, 2019.
MOTION NO 8/4
Moved by
Councillor A. Hubley
Seconded by Councillor M. Luloff
That the
Committee of the Whole rise and report to City Council.
CARRIED
MOTION
TO TABLE AND REFER
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MOTION NO 8/5
Moved by
Councillor A. Hubley
Seconded by Councillor M. Luloff
That the report from the General Manager, Transportation Services Department entitled “Contract Award of Ottawa’s Stage 2 Light Rail Transit Projects and Related
Matters”; and the report from the General Manager, Corporate Services
Department entitled “Long Range
Financial Plan Transit Update” be tabled and referred for subsequent
consideration by Council at its Regular meeting of March 6, 2019.
CARRIED
MOTION NO 8/6
Moved by
Councillor A. Hubley
Seconded by Councillor L. Dudas
That
the following by-law be read and passed:
To confirm the proceedings of the Special Council meeting of 27
February, 2019.
CARRIED
INQUIRIES
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Councillor S. Menard
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-Can you send Councillors the detailed risk
assessments used to justify this type of procurement, as well as the
methodology for assessing these risks, and the independent expert
verification of the results of that risk assessment?
-Can you send Councillors the review of the
public option that you said was looked at?
-Can you send Councillors the contract that
is to be signed by both proponents?
-Can you send us a comparison of the cost of
train car vehicles we are procuring in Ottawa vs other cities procurement of
trains including Calgary’s recent LRT?
Can you send us more information about how
the liquidated damages will work if there is a delay is service?
-Can you send us a schedule of ridership
estimates and a scheduled fare increases based on 2.5% for the next 10 years?
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Council adjourned
the meeting at 6:48 pm.
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CITY
CLERK MAYOR