SPECIAL OTTAWA CITY COUNCIL MEETING

12, 13 and 16 NOVEMBER 2009

ANDREW S. HAYDON HALL

10:00 a.m.

 

MINUTES 77

 

 

Special Meeting Called by His Worship Mayor O’Brien

to deal with matters related to the report from the City Manager on the Proposed Lansdowne Park Partnership Plan and any supplementary reports;

 a report from the Auditor General entitled "Office of the Auditor General - 2009 Audit of the Lansdowne Park Proposal Process”; and also for the purpose of considering Motion No. 65/13 (referred from the Council meeting of 2 September 2009).

 

 

The Council of the City of Ottawa met at Andrew S. Haydon Hall, 110 Laurier Avenue West, Ottawa on 12, 13 and 16 November 2009.

 

The Mayor, Larry O’Brien, presided and the Deputy Clerk led Council in prayer.

 

 

Roll Call

 

ALL MEMBERS WERE PRESENT.

 

 

Declarations of pecuniary interest including those originally arising from prior meetings

 

No Declarations of Interest were filed.

 

 

Communications

 

The following communications were received:

 

·        Memorandum dated 20 October 2009 from the Local Architectural Conservation Advisory Committee with respect to Lansdowne Park

·        Memorandum dated 10 November 2009 from the Ottawa Forests and Greenspace Advisory Committee with respect to Lansdowne Park

·        Memorandum dated 21 October 2009 from the Arts, Heritage and Culture Advisory Committee with respect to the redevelopment of Lansdowne Park

 

 

Regrets

 

No regrets were filed.

 

 

Motion to Resolve Into Committee of the Whole

 

MOTION NO. 77/1

 

Moved by Councillor J. Legendre

Seconded by Councillor S. Desroches

 

That City Council resolve to move into Committee of the Whole pursuant to Section 48 of the Procedure By-law.

 

                                                                                                            CARRIED

 

IN COMMITTEE OF THE WHOLE

 

 

MOTION NO. 77/2

 

Moved by Councillor J. Harder

Seconded by Councillor M. McRae

 

THEREFORE BE IT RESOLVED that City Council receive all public delegations that are currently registered to speak or that have already indicated with the Clerk’s office that they wish to register to speak on the Lansdowne Partnership Plan on Thursday, November 12th and Friday, November 13th within the normal meeting hours of Council (i.e. until 7 p.m.); and

 

BE IT FURTHER RESOLVED that should business not be concluded on Friday, November 13, 2009, the Special Meeting be extended to Monday, November 16th, and that the regular City Council meeting scheduled for November 16th begin as soon as the Special Meeting is concluded. 

 

                                                                                                            CARRIED

 

 

The following delegations addressed the Committee of the Whole on the Lansdowne Partnership Plan.  Those persons whose names are marked with an asterisk (*) have provided written submissions and these documents are held on file with the City Clerk.

 

Thursday, November 12, 2009

 

June Creelman*

Mark Cohon, Commissioner, Canadian Football League (CFL) expressed support for the Lansdowne Partnership Plan and the return of the CFL to Ottawa.

Shawn Menard, Centretown Citizens Community Association*

Chris C. Shoemaker*

Elizabeth Ballard*

David Flemming, Past-President of Heritage Ottawa      *

David Jeanes, Transport 2000 Canada, spoke mainly to concerns with transit issues related to the  Lansdowne Partnership Plan.

Marita Killen, Chair of the Board of Directors Centretown Community Health Centre*

John Vincent, Friends of Lansdowne Park*

Helen Saravanamuttoo, Ottawa Council of Woman (OCW)*

Brendan McCoy and Michael Jenkin, Old Ottawa South Community Association*

John E. Martin  *

Garrett Patterson*

Angelo Toffolo*

John Reid, Chair of the Arts, Heritage and Culture Advisory Committee*

Joan Spice*

Steve Harris*

Rick MacEwen, Allan Teramura and Lesley Watson, Ottawa Regional Society of Architects*

Tim Lash urged Council to keep Lansdowne Park in the City’s control.

Douglas Macdonald*

Kelly Black, Heritage Conservation Program, School of Canadian Studies at Carleton University*

Edwinna von Baeyer urged Council to vote against the Lansdowne Partnership Plan.

Eric Kendrick, Local Chapter of the Sierra Club of Canada*

Ian Lee spoke against the Lansdowne Partnership Plan.

Michael Tiger*

Ron Crooks*

Erin Kelly, The Ottawa Chamber of Commerce*

Gaston Sauvé*

Matt Muirhead spoke in support of the Lansdowne Partnership Plan.

Will Murray*

Morgen Peers*

Brian Tansey spoke of the importance of making the right decision for Lansdowne Park and urged Council not to rush into finalizing the Lansdowne Partnership Plan.

Teena Hendelman*

Jane Barton*

Dorin Petriu*

Andy Terauds, Jerry Rochon and Colleen Ross, Ottawa Farmer’s Market*

Mark Templin*

Louis Helbig spoke in opposition to the project.

Marilyn Whidden spoke mainly of concerns she had with respect to traffic, the environment and the financial feasibility of the project.

 

 

At this juncture Council entertained a motion to extend the meeting past 7:00 p.m.

 

MOTION NO. 77/3

 

Move by Councillor R. Chiarelli

Seconded by Councillor D. Thompson

 

That Council approve that the meeting time be extended past 7:00 pursuant to Subsection 8.(1)(c) of the Procedure By-law 2006-462, to hear from all delegations registered to speak on 12 November 2009.

                                                                                                            CARRIED

 

John Pugh spoke on the importance of having a Sports Stadium in Ottawa and urged Council to take advantage of this opportunity.

Adrian Evans*

Robert Brocklebank*

Dave Eaton and Craig Buckley*

Brian Madden and Toby Sanger, CUPE 503*

Ian Boyd*

Fernando Ribas*

Christian Pupp  *

Des Doran spoke to Council about his vision for the development of Lansdowne Park, which he referred to as the Pavillion of the Americas.

Ken Leese*

 

 

The Committee of the Whole recessed the deliberations at 8:15 p.m. on Thursday, November 12, 2009 and reconvened at 10:00 a.m. on Friday, November 13, 2009.

 

 

Friday, November 13, 2009

 

Harri Vikstedt*

Ken Craig expressed his support for proceeding with the Lansdowne Partnership Plan.

Debbie Jodoin spoke in favour of the Lansdowne Partnership Plan.

Ruth Parent urged Council to approve the Lansdowne Partnership Plan.

Shirley Mosley expressed her support for the Lansdowne Partnership Plan.

Jay Baltz, Chair of the Local Architectural Conservation Advisory Committee*

Vincent Libweshya spoke in support of the Lansdowne Partnership Plan.

Catherine Caule*

Denis Prouse*

Adrian Becklumb indicated he was in favour of the revitalization of Lansdowne but had serious concerns with the process that has taken place.

Julie Harris, Friends of Lansdowne Park*

Richard Hayter, Director of Community Relations, Building and Trades Council*

Gordon Bunke, Ottawa Rough Riders Alumni, spoke in favour of the Lansdowne Partnership Plan.

Koby Smutylo*

John Smart*

Ralph Sollbach*

Greg Best, Bank Street Framing*

Gilbert Russell, Brio*

Liam McGahern, Patrick McGahern Books*

Stephance Sauve, Glebe Meat Market*

Judy Richards, Davidson's Jewellers*

Catherine Lindquist, Executive Director, Glebe BIA*

Mel Foster, Ottawa Federation of Agriculture*

Jock Climie spoke in support of having a sports stadium at Lansdowne

Margaret Jensen*

Gerrie Doyle, President, Ontario Association of Architects*

Ralph Wiesbrock, Royal Architectural Institute of Canada (RAIC)*

Ute Thomas*

Tobias Fellows*

James O'Grady*

Jo Wood*

Steve O'Brien*

Peter Thomas*

Michael Rodgers, President, Ottawa Association of Exposition Managers and Ian Forsyth, Member, OAEM Managing Partner, Caneast Shows Inc. spoke of the need for trade show space in Ottawa and urged approval of same within the same timeframe as the Lansdowne Partnership Plan.

Lester Johnson*

Craig Hunter*

Dr. Marvin Blauer*

Leo Doyle*

Donald Hall*

Don Stewart, Federation of Citizens’ Association, spoke agains the Lansdowne Partnership Plan.

Eric Macdonald*

Lorne Cutler*

Nishard Abdeen*

Ian Driscoll*

Stylianos Perrakis*

Jamie Tate, spoke in favour of the Lansdowne Partnership Plan.

 

 

The Committee of the Whole recessed at 6:15 p.m. on Friday, November 13, 2009 and reconvened at 9:30 a.m. on Monday, November 16, 2009.

 

 

Monday, November 16, 2009.

 

The Committee of the Whole reconvened the Special meeting at 9:30 a.m.  At 10:00 a.m., the Committee of the Whole recessed (so that Council could deal with the Consent Agenda for the regular meeting) and then reconvened at 10:45 a.m.

 

Postponements and Deferrals

 

CITY COUNCIL – 22 APRIL 2009

 

CORPORATE SERVICES AND ECONOMIC DEVELOPMENT COMMITTEE AND PLANNING AND ENVIRONMENT COMMITTEE JOINT REPORT 1

 

 

1.             ASSESSMENT OF STADIUM PROPOSALS – OSEG (LANSDOWNE LIVE) AND SENATORS SPORTS & ENTERTAINMENT (SS&E), KANATA

 

 

MOTION NO. 65/13

 

Moved by Councillor M. Wilkinson

Seconded by Councillor S. Qadri

 

WHEREAS the City of Ottawa has received an unsolicited proposal from the Senators Sports and Entertainment (SS&E) to provide a stadium for professional soccer in Ottawa; and

 

WHEREAS the growth in popularity of soccer would benefit from a dedicated facility and the provision of community fields would be beneficial to the City of Ottawa;

 

THEREFORE BE IT RESOLVED that the City of Ottawa be directed to negotiate an agreement with the Senators Sports and Entertainment (SS&E) to develop 30 acres of City-owned land along Palladium Drive for a soccer specific stadium and community soccer fields, subject but not limited to the following terms and conditions:

1. SS&E receiving confirmation of a Major League Soccer (MLS) Franchise prior to development of the stadium;

2. That ownership of the stadium and community fields remain with the City of Ottawa;

3. The financial contribution from the City for the stadium be limited to $17 million;

4. That the City of Ottawa supports the SS&E in raising the additional funds to construct the facility;

5. That 50% of all profits from every operation in the stadium be paid to the City of Ottawa; and.

6. That the City and SS&E agree to expedite further development on SS&E lands that are estimated to provide $5 million annually in property taxes.

 

BE IT FURTHER RESOLVED that the negotiations take place within a 90-day timetable.

MOTION NO. 65/14

 

Moved by Councillor M. Wilkinson

Seconded by Councillor S. Qadri

 

That Motion No. 65/13 (Revised C) be tabled until the report on the results of the OSEG negotiations is before Council.

 

MOTION NO. 65/15

 

Moved by Councillor G. Hunter

Seconded by Councillor A. Cullen

 

That Motion No. 65/13 (Revised C) be tabled until Council has made a final decision on the OSEG proposal.

 

Motion No. 65/14 was put to Council and TABLING CARRIED on a division of 13 YEAS to 8 NAYS as follows:

 

YEAS (13):       Councillors E. El-Chantiry, M. Wilkinson, R. Chiarelli, P. Hume, P. Feltmate, J. Harder, S. Qadri, G. Brooks, R. Bloess, D. Deans, B. Monette, M. McRae and Mayor O’Brien.

 

NAYS (8):        Councillors D. Holmes, C. Doucet, J. Legendre, A. Cullen, G. Hunter, R. Jellett, M. Bellemare and C. Leadman.

 

Motion 65/14 having CARRIED, Motion 65/15 was ruled REDUNDANT.

 

CITY COUNCIL – 2 SEPTEMBER 2009

 

(Note: The following motion was considered later in the meeting but is set out immediately below for ease of reference.)

 


MOTION NO. 71/2

 

Moved by Councillor M. Wilkinson

Seconded by Councillor S. Qadri

 

That Motion No. 65/13 be referred to the Council meeting where the final decision is made on Lansdowne Park.

 

                                                                                                            CARRIED

 

 

CITY COUNCIL – 12, 13 AND 16 2009

 

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

 

 

CITY COUNCIL – 2 SEPTEMBER 2009

 

CITY MANAGER

 

 

                PROPOSED LANSDOWNE PARK PARTNERSHIP PLAN

 

                PROPOSITION DU PROJET DE PARTENARIAT POUR LE PARC LANSDOWNE

 

 

REPORT RECOMMENDATION

 

That Council:

 

1.                  Receive and table the Lansdowne Partnership Plan for subsequent consideration by a Joint Corporate Services and Economic Development and Planning and Environment Committee meeting on October  26October 26, 2009 and City Council on November 12, 2009;

 

2.                  Approve the public consultation plan as outlined in this report, and provide a supplementary report on the results of public consultations to the October 26, 2009 Joint Committee meeting; 

 

3.                  Direct staff to prepare a second supplementary report detailing the next steps that would be required for the implementation of a Lansdowne Partnership Plan, including the requirements for the creation establishment of a Municipal Service Corporation, and an understanding of the resourcing requirements, and how risk transfer could be assigned,  for the consideration of the Joint Corporate Services and Economic Development and Planning and Environment Committee meeting on October  26October 26, 2009 and City Council on November 12, 2009;

 

4.                  Authorize the City Manager to expend the funds necessary to conduct the public consultations and develop the detailed implementation report.

 

 

Subsequent to the staff presentation on this item, Mayor O’Brien ruled that only questions related to the recommendations contained in the staff report would be entertained.  Councillor Cullen challenged the Mayor’s ruling.  Mayor O’Brien was sustained on a division of 13 YEAS to 8 NAYS as follows:

 

YEAS (13):      Councillors P. Hume, G. Brooks, R. Jellett, R. Bloess, S. Qadri, R. Chiarelli, J. Harder, B. Monette, E. El-Chantiry, G. Hunter, D. Thompson, M. Bellemare and Mayor O’Brien.

 

NAYS (8):       Councillors A. Cullen, C. Leadman, S. Desroches, D. Deans, M. Wilkinson, P. Feltmate, D. Holmes and J. Legendre.

 
 
MOTION NO. 71/13

 

Moved by Councillor D. Holmes

Seconded by Councillor J. Legendre

 

WHEREAS Council, on 23 April 2009, directed a process of negotiation with OSEG with respect to the future of Lansdowne Park; and

 

WHEREAS the results of this negotiation with an unsolicited sole-source proponent have been presented to Council; and

 

WHEREAS it is apparent that there are other visions for the best use of this important public asset; and

 

WHEREAS Council deems it appropriate to allow time for a process for all visions for Lansdowne Park to be presented and evaluated in a competitive process;

 

THEREFORE BE IT RESOLVED that the report of the City Manager “Proposed Lansdowne Park Partnership Plan” be laid on the table.

 


MOTION NO. 71/14

 

Moved by Councillor S. Qadri

Seconded by Councillor E. El-Chantiry

 

That the question be now put.

 

CARRIED on a division of 13 YEAS to 11 NAYS as follows:

 

YEAS (13):      Councillors G. Brooks, D. Deans, M. Wilkinson, M. McRae, G. Bédard, S. Qadri, R. Chiarelli, J. Harder, B. Monette, E. El-Chantiry, G. Hunter, D. Thompson and Mayor O’Brien.

 

NAYS (11):     Councillors A. Cullen, P. Hume, C. Leadman, S. Desroches, R. Jellett, P. Feltmate, R. Bloess, D. Holmes, C. Doucet, J. Legendre and M. Bellemare.

 

Motion No. 71/13 was immediately put to Council and LOST on a division of 7 YEAS to 17 NAYS, as follows:

 

 YEAS (7):       Councillors A. Cullen, C. Leadman, G. Bédard, P. Feltmate, D. Holmes, C. Doucet and J. Legendre.

 

NAYS (17):     Councillors P. Hume, S. Desroches, G. Brooks, R. Jellett, D. Deans, M. Wilkinson, M. McRae, R. Bloess, S. Qadri, R. Chiarelli, J. Harder, B. Monette, E. El-Chantiry, G. Hunter, D. Thompson, M. Bellemare and Mayor O’Brien.

 

MOTION NO. 71/15

 

Moved by Councillor A. Cullen

Seconded by Councillor D. Deans

 

WHEREAS the responsibility for Parks & Recreation lies with Community and Protective Services Committee; and

 

WHEREAS consideration of the Lansdowne Partnership Plan is proposed to be limited to a joint meeting of Corporate Services and Economic Development Committee and Planning and Environment Committee;

 

THEREFORE BE IT RESOLVED that Recommendation 1 be amended to indicate Committee of the Whole (including delegations) and Council on November 12, 2009, so as to read:

 

“Receive and table the Lansdowne Partnership Plan for subsequent consideration by Committee of the Whole (including delegations) and Council on November 12, 2009.”

 

                                                                                                            CARRIED

 

MOTION NO. 71/16

 

Moved by Councillor P. Hume

Seconded by Councillor R. Jellett

 

That recommendation #1 be amended to add the following:

 

“and that Council delegate the authority to the Chairs of the Joint Committee and the Mayor, in consultation with the City Manager to amend the Committee of the Whole and Council meeting date, should it be necessary.

                                                                                                            WITHDRAWN

 

MOTION NO. 71/17

 

Moved by Councillor C. Doucet

Seconded by Councillor C. Leadman

 

WHEREAS The Glebe Business Improvement Area has been promised the Delcan traffic study that was completed on the original Lansdowne Live proposal many times and never received it;

 

THEREFORE BE IT RESOLVED that staff be directed to provide this study to the Glebe Business Improvement Area as soon as possible.

 

                                                                                                            CARRIED

 

MOTION NO. 71/18

 

Moved by Councillor G. Brooks

Seconded by Councillor C. Doucet

 

WHEREAS council has not yet seen the conditional offer from the CFL to the OSEG;

 

THEREFORE BE IT RESOLVED that staff be directed to make available to Council the conditional offer supporting the claim that a stadium must be built at Lansdowne Park, or that the OSEG must run the football team, and that this information be made available prior to the Committee of the Whole and Council meeting.

 

CARRIED with Councillors S. Qadri and E. El-Chantiry dissenting.

 

MOTION NO. 71/19

 

Moved by Councillor P. Feltmate

Seconded by Councillor D. Holmes

 

WHEREAS the Lansdowne site was considered too limited to permit the new main library to be located at Lansdowne Park as public transit at the Lansdowne site was considered inadequate for the needs of the new library;

 

WHEREAS a stadium will create more intense demands for transit than a library;

 

BE IT RESOLVED that staff be directed to provide the traffic study which justifies the choice of Lansdowne Park for a stadium.

 

                                                                                                            WITHDRAWN

 

MOTION NO. 71/20

 

Moved by Councillor M. Wilkinson

Seconded by Councillor P. Feltmate

 

THEREFORE BE IT RESOLVED that Recommendation 2 be amended by adding “first phase” after “approve the”; and

 

BE IT FURTHER RESOLVED that Recommendation 4 be amended by adding “to an upset limit of $200,000 to be funded from Lansdowne Park Minor Capital Program 2009”

 

                                                                                                            CARRIED

 

 

MOTION NO. 71/21

 

Moved by Councillor G. Brooks

Seconded by Councillor C. Doucet

 

WHEREAS there is considerable public concern regarding the costs associated with all aspects of this proposal; and

 

WHEREAS there is a need for clear, easy to understand yet fully detailed financial information;

 

THEREFORE BE IT RESOLVED that staff prepare a list of the expenditures and incomes, listed separately, to be made available to the public as part of the public consultation process.

 

                                                                                                            CARRIED

 

 

MOTION NO. 71/22

 

Moved by Councillor C. Doucet 

Seconded by Councillor R. Jellett

 

THEREFORE BE IT RESOLVED that visual representations of Lansdowne Live’s proposal not include City of Ottawa baseball diamonds adjacent to Lansdowne Park, which are not part of the Lansdowne Live proposal and are separate legal entities.

 

                                                                                                            CARRIED

 

 

MOTION NO. 71/23

 

Moved by Councillor C. Leadman

Seconded by Councillor C. Doucet

 

THEREFORE BE IT RESOLVED that, of the four Town Hall meetings proposed, two additional Town Halls be added as follows:

 

One for Capital Ward where Lansdowne is located and one in Kitchissippi Ward.

 

                                                                                                            CARRIED

 

MOTION NO. 71/24

 

Moved by Councillor P. Hume

Seconded by Councillor P. Feltmate

 

WHEREAS the OSEG proposal is not the only vision for Lansdowne Park; and

 

WHEREAS there are two other proposals for the redevelopment of Lansdowne Park now in the public domain (Lester Johnson’s Alternative Lansdowne Plan and Vitally Ottawa – Absolument Ottawa); and

 

WHEREAS the redevelopment of Lansdowne Park should incorporate the community’s vision for the site;

 

THEREFORE BE IT RESOLVED that the public consultations on the redevelopment of Lansdowne Park include the Lansdowne Partnership Plan and also provide the opportunity to the proponent of the two additional proposals listed above to present their proposals as part of the consultations so that the consultations on the vision for Lansdowne Park are as broad as possible. 

 

                                                                                                            WITHDRAWN

 

MOTION NO. 71/25

 

Moved by Councillor G. Brooks

Seconded by Councillor C. Doucet

 

WHEREAS there will be costs to the city for the construction of the stadium and amenities;

 

THEREFORE BE IT RESOLVED that staff be directed to include in the implementation report to the Committee of the Whole and Council, what those initial costs might be and how this would be balanced by the revenue streams.

 

                                                                                                            CARRIED

 

 

MOTION NO. 71/26

 

Moved by Councillor C. Doucet

Seconded by Councillor P. Hume

 

WHEREAS two previous CFL franchises have not survived at Lansdowne Park;

 

THEREFORE BE IT RESOLVED that staff be directed to include in the implementation report specific information detailing who will assume the costs of servicing the capital debt and the servicing costs of the stadium if the CFL Franchise fails.

 

                                                                                                            CARRIED

 

 

MOTION NO. 71/27

 

Moved by Councillor P. Feltmate

Seconded by Councillor J. Legendre

 

WHEREAS this project will be set up as a separate legal entity by the proponents and the City;

 

THEREFORE BE IT RESOLVED that, in the implementation report, staff be directed to provide information detailing who would be responsible when the Municipal Service Corporation is created if liabilities and deficits arise.

 

                                                                                                            CARRIED

 

MOTION NO. 71/28

 

Moved by Councillor C. Leadman

Seconded by Councillor C. Doucet

 

WHEREAS there are financial considerations associated with the phasing of the components in the OSEG proposal;

 

THEREFORE BE IT RESOLVED that, in the implementation report, staff be directed to provide this information, in particular addressing what will be built first, the stadium or the commercial elements.

 

                                                                                                            CARRIED

 

MOTION NO. 71/29

 

Moved by Councillor D. Holmes

Seconded by Councillor C. Doucet

 

WHEREAS there is an expectation that extra care would be required when evaluating a proposal in the absence of comparative and competitive bids;

 

THEREFORE BE IT RESOLVED that the implementation report include provisions for an independent due-diligence financial evaluation of the proposal and this evaluation will deal with assumptions about interest rates, construction costs, revenues from football and revenues from taxes.

 

                                                                                                            CARRIED

 

MOTION NO. 71/30

 

Moved by Councillor C. Leadman

Seconded by Councillor C. Doucet

 

WHEREAS there are legal and financial consequences related to the awarding of contracts for this proposal to move forward;

 

THEREFORE BE IT RESOLVED that staff be instructed to outline the process for tendering the stadium contracts, specifically responding to the question will it be the City or OSEG assuming the lead role, in the implementation report.

 

                                                                                                            CARRIED

 

MOTION NO. 71/31

 

Moved by Councillor D. Deans

Seconded by Councillor M. Bellemare

 

WHEREAS Council has decided to consider sole sourcing the Lansdowne Park project to the OSEG unsolicited proposal; and

 

WHEREAS not sole sourcing is a standard condition for receiving federal and provincial grants;

 

THEREFORE BE IT RESOLVED that staff be directed to provide information in the implementation report regarding the eligibility of this project for federal and provincial funds under the proposed arrangement which will discuss the final disposition of the project.

                                                                                                            CARRIED

 

 

MOTION NO. 71/32

 

Moved by Councillor D. Deans

Seconded by Councillor M. McRae

 

WHEREAS the Lansdowne Park Proposal includes the assumption that the Central Canada Exhibition will move to Albion Road; and

 

WHEREAS the Proposal also refers to a plan to establish a new trade show venue near the Airport; and

 

WHEREAS the assumptions regarding the transportation infrastructure for this part of the City have changed since the decision to move the Central Canada Exhibition to Albion Road was made;

 

THEREFORE BE IT RESOLVED the implementation report include a traffic study for the lands for the Central Canada Exhibition’s relocation and the potential new trade show site.

 

                                                                                                            CARRIED


MOTION NO. 71/33

 

Moved by Councillor D. Holmes

Seconded by Councillor C. Doucet

 

WHEREAS Montréal does not allocate bond financing or city park land from the municipality for the Allouette franchise, it is completely privately financed;

 

WHEREAS the OSEG proposal will be dependent on public bond financing and alienation of a city park for commercial development and city property taxes;

 

THEREFORE BE IT RESOLVED that the City Treasurer and City Clerk & Solicitor prepare a report to Council outlining whether the OSEG proposal would be compliant with respect to the bonusing provisions of the Municipal Act, 2001, and that this report be submitted prior to the Committee of the Whole meeting where public consultations will be presented.

                                                                                                            CARRIED

 

MOTION NO. 71/34

 

Moved by Councillor C. Doucet

Seconded by Councillor G. Bédard

 

WHEREAS a solicited proposal requires a competitive process for purchase of city goods and services, and construction; and

 

WHEREAS City Council has approved a process refining a proposal from OSEG; and

 

WHEREAS city staff have been working diligently with the proponents to clarify and define the proposal;

 

THEREFORE BE IT RESOLVED that the Auditor-General be requested to determine if the OSEG bid remains unsolicited or should be considered as a project subject to the process under the Purchasing By-Law for Requests for Proposals, and that this report be made available prior to the Committee of the Whole discussion.

 

CARRIED on a division of 14 YEAS to 10 NAYS as follows:

 

YEAS (14):      Councillors A. Cullen, P. Hume, C. Leadman, G. Brooks, R. Jellett, D. Deans, M. McRae, G. Bédard, P. Feltmate, S. Qadri, D. Holmes, C. Doucet, J. Legendre and M. Bellemare.

 

NAYS (10):     Councillors S. Desroches, M. Wilkinson, R. Bloess, R. Chiarelli, J. Harder, B. Monette, E. El-Chantiry, G. Hunter, D. Thompson and Mayor O’Brien.

 

 

MOTION NO. 71/35

 

Moved by Councillor G. Bédard

Seconded by Councillor C. Doucet

 

WHEREAS City Council approved a public design competition for Lansdowne Park in November 2007 that was scheduled to conclude in December 2008; and

 

WHEREAS, in March 2008, a conditional CFL franchise was awarded for Ottawa to the proponents of the Ottawa Stadium Entertainment Group (OSEG), subject to them reaching an agreement with the City of Ottawa for the use of Frank Clair Stadium; and

 

WHEREAS, in June 2008, the public design competition was unilaterally suspended by staff based on the need for a structural review of Frank Clair Stadium as well as the conditional offer of a CFL franchise for Ottawa; and

 

WHEREAS, in October 2008, the proponents of OSEG submitted their original proposal for the redevelopment of Lansdowne Park (LansdowneLive); and

 

WHEREAS the City received the final proposal from the OSEG proponents in March 2009 – three months beyond the original deadline identified for the completion of the public design competition approved by Council in November 2007; and

 

WHEREAS Councillors and the public alike have expressed concerns over the length of time focused on this initiative as well as the apparent lack of information on a number of the specific details of the OSEG proposal;

 

THEREFORE BE IT RESOLVED that the Auditor-General be directed to examine all of the relevant information regarding the proposals from the OSEG proponents, including the original CFL franchise offer of March 2008 and, in particular, any specific deadlines included therein, as they relate to the suspension of the public design competition and provide his assessment regarding whether Council was provided with all of the relevant information prior to embarking on this stage of the proposal.

 

LOST on a division of 10 YEAS to 14 NAYS as follows:

 

YEAS (10):      Councillors A. Cullen, C. Leadman, D. Deans, M. McRae, G. Bédard, P. Feltmate, D. Holmes, C. Doucet, J. Legendre and M. Bellemare.

 

NAYS (14):     Councillors P. Hume, S. Desroches, G. Brooks, R. Jellett, M. Wilkinson, R. Bloess, S. Qadri, R. Chiarelli, J. Harder, B. Monette, E. El-Chantiry, G. Hunter, D. Thompson and Mayor O’Brien.

 

 

MOTION NO. 71/36

 

Moved by Councillor J. Legendre

Seconded by Councillor G. Bédard

 

WHEREAS as Council has requested an unsolicited proposal for a Lansdowne Park Partnership Plan;

 

WHEREAS City staff have reviewed the proposal for value-for-money;

 

THEREFORE BE IT RESOLVED that the Auditor-General be requested to consider auditing the staff review of the proposal and that his audit report be tabled prior to Council’s scheduled approval of this partnership proposal.

 

                                                                                                            CARRIED

 

The City Manager’s report “Lansdowne Park Partnership Plan” was then put to Council and CARRIED as amended by Motion Nos. 71/15, 71/17, 71/18, 71/20, 71/21, 71/22, 71/23, 71/25, 71/26, 71/27, 71/28, 71/29, 71/30, 71/31, 71/32, 71/33, 71/34 and 71/36, with Councillors D. Holmes and C. Doucet dissenting.

 

 

 

CITY COUNCIL – 12, 13 AND 16 NOVEMBER 2009

 

Council’s approval of Recommendation 2 of the City Manager’s report, Lansdowne Partnership Plan: Implementation Plan (see below) addressed Recommendation 1 of this report.  Recommendations 2, 3 and 4 were dealt with on 2 September 2009 and resulted in the supplementary reports below.

 

 

 

Motion to Introduce Reports

 

MOTION NO. 77/3

 

Moved by Councillor J. Legendre

Seconded by Councillor D. Holmes

 

That the City Auditor’s report entitled “Office Of The Auditor General – 2009 Audit of The Lansdowne Park Proposal Process” be received and considered.

 

And that the Rules of Procedure be waived to receive and consider the City Manager’s memorandum entitled “Corrections to the Proposed Lansdowne Partnership Plan document tabled September 2, 2009” and dated 6 November 2009; and reports from the City Manager entitled “Lansdowne Partnership Plan (LPP): Implementation Report” and “Lansdowne Partnership Plan – Public Consultations Findings Report”.

 

                                                                                                            CARRIED

 

 

CITY AUDITOR GENERAL

 

 

                OFFICE OF THE AUDITOR GENERAL – 2009 AUDIT OF THE LANSDOWNE PARK PROPOSAL PROCESS

 

                BUREAU DU VÉRIFICATEUR GÉNÉRAL - VÉRIFICATION DE 2009 DU PROCESSUS DE DEMANDES DE PROPOSITIONS CONCERNANT LE PARC LANSDOWNE

 

 

            REPORT RECOMMENDATION

 

That Council receive the attached report:  2009 Audit of the Lansdowne Park Proposal Process.

 

                                                                                                RECEIVED

 

CITY MANAGER

 

 

1.             THE LANSDOWNE PARTNERSHIP PLAN PUBLIC CONSULTATIONS FINDINGS REPORT

 

                PLAN DE PARTENARIAT DU PARC LANSDOWNE – RAPPORT SUR LES RÉSULTATS DES CONSULTATIONS PUBLIQUES

 

 

 

            REPORT RECOMMENDATION

 

That City Council receive this report for information.

 

                                                                                                RECEIVED

 


 

 

2.             LANSDOWNE PARTNERSHIP PLAN: IMPLEMENTATION PLAN

 

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

 

 

            REPORT RECOMMENDATIONS

 

1.      That Council receive the staff responses set out in Document 1 to the motions and directions given by Council on September 2, 2009, and by Standing Committees in October 2009, for their information.

 

                                                                                                RECEIVED

 

2.      That Council consider the following recommendations:

 

a)      That Council approve the Lansdowne Partnership Plan (LPP) tabled at the Council meeting of September 2, 2009, including the options presented for residential, office and hotel uses, and direct staff to negotiate a comprehensive project agreement framework with the Ottawa Sports and Entertainment Group (OSEG) for the consideration of Council as described in this report, subject to the following: 

i)                 That a final review of the financial projections of the LPP is completed and that the Office of the Auditor General provides Council with a supplementary report on the accuracy of these forecasts as well as the reasonableness of the assumptions used;

ii)               That transportation studies and supporting transportation demand management plans be completed to determine whether or not impacts on traffic circulation and on-street parking resulting from the implementation of the LPP can be reasonably accommodated and that the transportation strategy outlined in the LPP will work as anticipated;

iii)             That a third-party, independent peer review of the Lansdowne Retail Market Demand and Impact Analysis produced by Tate Economic Research Inc. and the Market Research Study: Glebe Business Improvement Area Ottawa, Ont. produced by the Market Research Corporation be undertaken to determine whether or not the commercial component of the LPP is viable, is compatible with the desire to have destination specific retail and is complementary and supportive of the existing Bank Street retail business community;

iv)             That Shenkman Corporation be directed to submit a formal proposal to the City for the construction and operation of a Trade and Consumer Show facility at the Ottawa Airport prior to February 15, 2010, with the understanding that the City, following receipt of the proposal, will immediately issue a public Request for Expressions of Interest to determine whether there is the potential for competing qualified proposals;

v)               That a detailed public consultation process be developed in partnership with the National Capital Commission (NCC) and Parks Canada on the proposed redevelopment of the “front lawn” including the use of the Ottawa Farmer’s Market, in accordance with the Letter of Understanding between the City and the NCC, and reported back to Council in January 2010 for Council consideration prior to its implementation;

vi)             That staff work with the Central Canada Exhibition Association (CCEA) to assist them in completing the business and logistical plans necessary for the CCEA’s move to their property on Albion Road following the exhibition in 2010; and

vii)           That the negotiated project agreement framework be specific regarding any conditions and costs under which either party could choose to terminate the agreement prior to the commencement of construction, including the option to terminate the agreement for convenience at a predetermined cost. 

 

b)      That the estimated cost to complete the further development of the LPP as identified in this report be cost-shared between the City and the OSEG in accordance with the conditions and funding sources outlined in this report.

 

c)      That staff be directed to table a report to Council on the results of the negotiations and studies identified in Recommendation 2(a) at the first meeting in May 2010, for discussion at the second meeting in May 2010, for a final decision on the negotiated project agreement framework to implement the LPP.

 

d)      That staff be directed to report to Council as soon as possible should it become apparent during the study and negotiation process that any one of the outcomes identified in Recommendation 2(a) cannot be met.

 

MOTION NO. 77/4

 

Moved by Councillor B. Monette

Seconded by Councillor R. Chiarelli

 

THEREFORE BE IT RESOLVED THAT Recommendation No. 2 be changed to read:

 

“That Council approve the following recommendations:”

 

                                                                                                            CARRIED

 

MOTION NO. 77/5

 

Moved by Councillor P. Hume

Seconded by Councillor M. McRae

 

That Recommendation 2 a) be modified by adding the following:

 

That the City Manager be directed to establish a Strategic Design Review and Advisory Panel for the development of a Master Site Plan for the Lansdowne Revitalization to be chaired by George Dark of Urban Strategies, one of Canada’s pre-eminent award winning urban planners/designers and two other prominent nationally renowned Canadian design professionals with experience in the revitalization of unique urban places with such members to be selected by the City Manager in consultation with George Dark and approved by the Chair of the Planning and Environment Committee and the Chair of the Corporate Services and Economic Development Committee; and

 

That this panel play a critical role as set out below to define the urban design objectives for the three primary components of the Lansdowne revitalization (New water front park/front yard, stadium and the new development – commercial, residential, hotel, office), to ensure that the Master Site Plan and architectural plans to be developed will meet the highest possible design standards so as to have Lansdowne transformed into a unique and dynamic urban place that is integrated with and works well with its heritage features and larger urban context; as follows: 

 

·        Working with staff to develop broad design principles and guidelines for the three primary elements of the Lansdowne Revitalization to be reflected in the master site plan and in architectural plans to be developed for the Lansdowne Revitalization Program; 

·        Developing key design elements and direction, based on the broad design principles and guidelines developed as set out above, in partnership with the City, NCC and Parks Canada for a competitive process to design the New water front park/front yard including the Ottawa Farmer’s Market, the Horticultural Building and the Aberdeen Pavilion that will provide for programming and staging of various activities and events by the NCC, the City and other groups;

·        Participating with the NCC and Parks Canada in the review of submitted proposals and in the selection of the winning proposal to be incorporated as part of the Master Site Plan for consideration by Council;

·        Liaising with OSEG, the City and the Retail Market consultant to be retained as set out in Motion 3, if approved, to maintain open communications related to achieving retail strategy needs and urban design objectives;

·        Providing on-going third party review, direction and advice to staff and the OSEG design team in the development of the Master Site Plan and architectural designs related to the stadium and new development components of the Lansdowne revitalization to ensure that they are responsive to the broad based design principles and guidelines developed by the panel and that all three primary components for the Lansdowne revitalization are integrated and will work together from design, programming and functional perspectives;

·        Providing independent third party peer review of the final master plan and architectural plans and advice to Council on the final master site plan and architectural plans when Council considers the final Partnership Plan in June 2010; and

·        Recommending to Council detailed design guidelines for the Lansdowne revitalization to be implemented through the formal planning approvals;

 

And that an additional $600,000 be approved to be cost shared on a 50/50 basis between the City and OSEG ($300,000 each) to cover the costs associated with establishing a Design Review and Advisory Panel, retaining a specialty retail/festival market consultant and for ensuring that the public will be kept informed as the development program is further developed with an additional $375,000 being approved for the City to undertake a design competition for the New water front park/front yard and that will include a maximum $75,000 honorarium to be provided to each group that will be selected to provide design proposals for the New water front park/front yard to compensate these groups in part for the design work that they will undertake.

 

                                                                                                CARRIED

 

 

MOTION NO. 77/6

 

Moved by Councillor M. Wilkinson

Seconded by Councillor E. El-Chantiry

 

WHEREAS the Lansdowne Partnership Plan (LPP) with the Ottawa Sports and Entertainment Group (OSEG) includes provision for the distribution of funds raised based on the contribution by each of the parties; and

 

WHEREAS the City’s contribution is set at $129 million with $12 million to come from reserves and the remaining $117 million to be debentured and paid back, with interest, over a 40 year period as well as provision of land rent free for at least 30 years which is valued at $20 million and future air right payments; and

 

WHEREAS the definition of the City’s deemed equity should include any payment made from reserves or as a cash infusion in determining payback under the Waterfall provisions; and

 

WHEREAS the OSEG will provide a minimum of $30 million which includes the franchise fees for the football franchise and the purchase of the Ottawa 67’s hockey franchise (totalling approximately $17 million) and will arrange mortgages for the remaining costs of the commercial spaces; and

 

WHEREAS the City’s debenture will be paid for from taxation received by the City while the mortgages on the commercial space will be paid from the income generated at Lansdowne; and

 

WHEREAS the Waterfall proposal would, after paying expenses of Lansdowne, including a reserve fund for future maintenance, would pay an 8% return to OSEG and return of OSEG’s equity before any payment is made on the City’s equity; and

 

WHEREAS the equity provided by OSEG is a minimum of $30 million and the cash equity from the City of Ottawa is approximately $12 million in cash and deemed equity of $20 million land value and future air rights of $7.5 million; and

 

WHEREAS in a partnership it is the normal practice to pay both partners on an equal basis; and

 

THEREFORE BE IT RESOLVED that in the Waterfall that the City’s deemed equity include any funds paid out from reserves or as cash payments in addition to the items stipulated in Section 10 of the Memorandum of Understanding (MOU) of the Lansdowne Partnership Plan; and

 

BE IT FURTHER RESOLVED that payment under the steps following provision of the reserve fund as detailed in the waterfall in Section 12 of the Lansdowne Partnership Plan be revised so that at each payment step, commencing with the 8% return on equity payment, amounts be paid to the City and OSEG at the same time, proportional to the cash contribution from each at the time of payment, with the final step, once the equity positions are paid out, remaining at a 50-50 split; and

 

BE IT FURTHER RESOLVED that as long as the franchises for the football and hockey teams are kept in operation that the 8% return on land and air rights remain as a Step 4 of the waterfall distribution; and

 

BE IT FURTHER RESOLVED that if either franchise ceases to operate for any reason other than the league closing, then, at the option of the City, the $20 million for land and any amount for air rights be immediately moved into Step 2 of the waterfall distribution and receive the fair share of the 8% return provided in that step; and

 

BE IT FURTHER RESOLVED that the City Manager develop the final details of the payout provisions and recommend the final system to City Council at the May meeting with other tabled reports.

 

                                                                                                CARRIED

 

MOTION NO. 77/7

 

Moved by Councillor C. Leadman

Seconded by Councillor G. Bédard

 

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

 

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

 

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

 

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

 

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

 

MOTION NO. 77/8

 

Moved by Councillor P. Hume

Seconded by Councillor M. McRae

 

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

 

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

 

MOTION NO. 77/9
 

Moved by Councillor A. Cullen

Seconded by Councillor M. Bellemare

 

 

WHEREAS the Lansdowne Partnership Plan (LPP) is a partnership between the City of Ottawa and the Ottawa Sports & Entertainment Group (OSEG); and

 

WHEREAS, under the LPP, the City of Ottawa is to borrow $117 million in order to refurbish Frank Clair Stadium (which is to be provided to OSEG rent free) and contribute to a new parking garage (for which OSEG will receive all revenues); and

 

WHEREAS the LPP proposes that debt repayments for the $117 million City debt are to be financed, in part, from the property taxes generated by the new retail development under the LPP; and

 

WHEREAS property taxes are levied to pay for municipal services - including police, fire, bylaw, snow-clearing, etc. - and should not be construed as "profit" for the City of Ottawa; and

 

WHEREAS, since OSEG will be the beneficiary of the City's investment into Frank Clair Stadium and the new parking garage and all the revenues that will result;

 

THEREFORE BE IT RESOLVED THAT the LPP waterfall distribution be revised such that Annual payments on the $117 million debt incurred by the City ($7 M) be split evenly between OSEG and the City preceding Step 2.

 

LOST on a division of 5 YEAS to 18 NAYS as follows:

 

YEAS (5):        Councillors G. Bédard, J. Legendre, D. Holmes, C. Doucet and A. Cullen.

 

NAYS (18):     Councillors S. Qadri, M. McRae, G. Brooks, M. Wilkinson, M. Bellemare, E. El‑Chantiry, S. Desroches, J. Harder, R. Jellett, B. Monette, G. Hunter, D. Deans, P. Hume, P. Feltmate, D. Thompson, R. Bloess, R. Chiarelli and Mayor O’Brien.

 
MOTION NO. 77/10

 

Moved by Councillor C. Leadman

Seconded by Councillor G. Bédard

 

WHEREAS the proposed operating model for Lansdowne under OSEG has not been fully developed or presented publicly as it is only referred to as a ‘closed system’;

 

AND WHEREAS a few individual revenue streams on the site have been identified (such as parking), however the majority have not been provided;

 

THEREFORE BE IT RESOLVED THAT City staff be directed to provide full financial details and modelling of the ‘closed operating system’ proposed by OSEG for the operations of Lansdowne Partnership Plan;

 

AND BE IT FURTHER RESOLVED THAT City staff be directed to report back on this subject with the Stage 1 findings of the Implementation Plan.

 

CARRIED with Councillor J. Harder dissenting.

 

MOTION NO. 77/11

 

Moved by Councillor C. Doucet

Seconded by Councillor A. Cullen

 

WHEREAS dedicating taxes from development to a specific project is not a standard City practice;

 

AND WHEREAS this will set a precedent that subsidizes one group of retailers versus others;

 

THEREFORE BE IT RESOLVED that the City Manager be instructed to commission an independent study to evaluate the various consequences of dedicating property taxes to a single expenditure in the City’s Budget, and the Auditor General verify the methodology.

 

MOTION NO. 77/12

 

Moved by Councillor A. Cullen

Seconded by Councillor J. Legendre

 

That the topic of Motion No. 77/11 be referred to Audit, Budget and Finance Committee for a White Paper discussion.

 

REFERRAL CARRIED with Councillors J. Harder, G. Hunter, D. Thompson, E. El-Chantiry and S. Qadri dissenting.

 

MOTION NO. 77/13

 

Moved by Councillor D. Holmes

Seconded by Councillor M. McRae

 

THEREFORE BE IT RESOLVED that the terms of reference of the Transportation Study be prepared based on the City’s Transportation Impact Study Guidelines; and

 

THAT the City select, hire and manage a transportation firm to do the work; and

 

THAT the cost of the study be divided equally between the City and OSEG.

 

                                                                                                CARRIED

MOTION NO. 77/14

 

Moved by Councillor M. McRae

Seconded by Councillor R. Jellett

 

WHEREAS the Lansdowne Partnership Plan (LPP) Implementation report identifies in Recommendation 2 a) ii) the need to complete further transportation studies and develop an associated transportation demand management plan; and

 

WHEREAS the LPP Implementation report also identifies in Recommendation 2 a) iii) the need for a third-party independent peer review of the Lansdowne Retail Market Demand and Impact Analysis produced by Tate Economic Research Inc. and the Market Research Study: Glebe Business Improvement Area Ottawa, Ont. produced by the Market Research Corporation be undertaken to determine whether or not the commercial component of the LPP is viable, is compatible with the desire to have destination specific retail and is complementary and supportive of the existing Bank Street retail business community; and

 

WHEREAS the Terms of Reference for both of these initiatives will determine the nature of the work and associated outcomes that will be brought before Council for its consideration; and

 

WHEREAS the information derived from these initiatives is of significant importance to Council and the public with respect to clarifying key considerations of the proposed LPP;

 

THERFORE BE IT RESOLVED that City Council delegate the authority to a joint Transit and Transportation Committee to approve the Terms of Reference for the transportation studies including and associated demand management plan for the LPP and for the additional Terms of Reference for the Traffic Impact Study for the relocation of the trade show space to the airport as referenced in Recommendation 2 a) ii); and

 

BE IT FURTHER RESOLVED that City Council delegate the authority to the Corporate Services and Economic Development Committee to approve the Terms of Reference for the third-party independent peer review of the Lansdowne Retail Market Demand and Impact Analysis produced by Tate Economic Research Inc. and the Market Research Study: Glebe Business Improvement Area Ottawa, Ont. produced by the Market Research Corporation, referenced in Recommendation 2 a) iii).

 

                                                                                                CARRIED

 


 

MOTION NO. 77/15