OTTAWA CITY COUNCIL 27 JANUARY 2010 ANDREW S. HAYDON HALL 10:00 a.m. BULK CONSENT AGENDA 83 AUDIT BUDGET AND FINANCE COMMITTEE REPORT 5 1. ESTABLISHMENT OF A DEBENTURE COMMITTEE AND DELEGATION OF AUTHORITY TO ENACT DEBENTURE BY-LAWS, OTHER RELATED BY-LAWS AND TEMPORARY BORROWING BY-LAWS FOR CURRENT PURPOSES RENSEIGNEMENTS SUPPLÉMENTAIRES AUX ESTIMATIONS BUDGÉTAIRES - RAPPORT SOMMAIRE DES BUDGETS DE FONCTIONNEMENT ET D'IMMOBILISATIONS PRÉLIMINAIRES DE 2010 COMMITTEE RECOMMENDATIONS AS AMENDED That Council: 1. Establish a Committee known as the Debenture Committee in accordance with the Terms of Reference contained in Document 1 and delegate authority to the Debenture Committee to make final decisions with respect to the following matters to the extent that the authority has not already been delegated: (a) the authority to enact debenture by-laws to authorize the issuance of debentures where the project debt authority has been approved by Council and the Treasurer has proceeded with one or more debt issues pursuant to Section 16, Schedule "A" of By-law No. 2009-231, the Delegation of Authority By-law by finalizing the terms and conditions of such debt issues; (b) the authority to enact temporary borrowing by-laws for current operations in accordance with section 407 of the Municipal Act, 2001 to authorize short term borrowing for the purpose of meeting current expenditures in any year until such time as the taxes are collected and other revenues are received and to authorize any one or more members of the Debenture Committee to do all things and execute any loan or other agreements required to give effect to any temporary borrowing; (c) the authority to enact the required by-law(s) to enter into new arrangements with CDS Clearing and Depository Services Inc. ("CDS") to ensure that CDS accepts new debenture issues and maintains existing City debentures in the CDS system and to authorize any one or more members of the Debenture Committee to do all things and execute all documents, instruments and agreements in order to make these arrangements effective; and (d) the authority to enact a by-law authorizing the City to issue replacement debenture certificates if and when required, to replace defaced, lost, mysteriously or unexplainably missing, stolen, destroyed or other instances such as dematerialized debenture certificates on such terms and conditions considered appropriate including a bond of indemnity as a condition of issuing replacement debenture certificates; 2. Subject to the approval of Recommendation 1, the delegation provision contained in Recommendation 1, shall be held by the Debenture Committee exclusively and shall remain in full force and effect until the end of the term of City Council at which time this delegation may be revoked otherwise this delegation remains in effect; 3. Subject to the approval of Recommendation 1, approve the enactment of amendments to the Procedure By-law to reflect the notice requirements contained in Document 1 and to the Delegation of Authority By-law to indicate that the authority to enact the debenture by-laws has been delegated to the Debenture Committee; 4. Subject to the approval of Recommendation 1, amend the Policy on Debt and Financing to reflect the establishment of the Debenture Committee and the delegations noted in Recommendation 1; and 5. That the Terms of Reference for the Debenture Committee be amended such that, "A quorum shall be one-half of all members" now read, "A quorum shall be one-half of all members, with at least one of those members being an elected official." CORPORATE SERVICES AND ECONOMIC DEVELOPMENT COMMITTEE REPORT 50 2. MUNICIPAL ELECTIONS - CONTRIBUTION REBATE PROGRAM ÉLECTIONS MUNICIPALES - PROGRAMMES DE REMISES DE CONTRIBUTIONS COMMITTEE RECOMMENDATION That Council direct staff to include the establishment of a separate contribution rebate reserve fund as part of the 2011 and subsequent budgets to cover the costs associated with the contribution rebate program, and that surplus funds from municipal candidates be directed to that reserve fund. 3. LITIGATION RECORD - 2009 BILAN DES LITIGES - 2009 COMMITTEE RECOMMENDATION That Council receive this report for information. 6. DELEGATION OF AUTHORITY - CONTRACTS AWARDED FOR THE PERIOD JULY 1 TO SEPTEMBER 30, 2009, AND LEGAL OUTSOURCING COSTS DÉLÉGATION DE POUVOIR - CONTRATS ACCORDÉS POUR LA PÉRIODE DU 1er JUILLET AU 30 SEPTEMBRE 2009 ET FRAIS LÉGAUX D'IMPARTITION COMMITTEE RECOMMENDATION That Council receive this report for information. 7. 2010 INTERIM PROPERTY TAX RATES AND DUE DATES IMPÔTS FONCIERS PROVISOIRES POUR 2010 ET ÉCHÉANCES COMMITTEE RECOMMENDATIONS That Council approve: 1. That the 2010 interim property tax billing be set at 50% of the 2009 Annualized Taxes as permitted by legislation; 2. That the amount protected classes are billed on the interim tax billing be set at the maximum percent of last years' adjusted taxation, as permitted by legislation (50% of the annualized adjusted 2009 taxes); 3. That the following tax due dates be approved for 2010: i. Interim: March 18, 2010 ii. Final: June 17, 2010; 4. That the penalty and interest percentage charge on overdue and unpaid tax arrears remain at the rate of 1.25% per month (15% per year) unchanged from 2009; and 5. Subject to the approval of the above recommendations, that Council enact a by-law in the form attached as document 1 to establish the tax due dates, penalty and interest charges. 8. CAMBRIAN WOODS/TRIM ROAD LAND EXCHANGE ÉCHANGE DE TERRAIN DU BOISÉ CAMBRIAN/CHEMIN TRIM COMMITTEE RECOMMENDATIONS That Council: 1. Declare a portion of 2360 Trim Road containing an area of approximately 9.58 ha (23.67 acres), described as being part of Lot 3 and part of the road allowance between Lots 3 and 4, Concession 9, geographic Township of Cumberland, now in the City of Ottawa, shown hatched and identified as Parts 2, 3, 4 and 5 on Document 1 attached and further described as Parts 2, 3, 4 and 5 on a draft plan of survey prepared by J.D. Barnes Limited, subject to the road shown as Part 3 being closed by by-law and subject to any easements that may be required, as surplus to the City's needs; 2. Waive City policy pertaining to the public marketing of viable properties; and 3. Approve the sale of the land referred to in Recommendation 1, to Mattamy (Tenth Line) Ltd., in exchange for lands owned by Mattamy (Half Moon Bay 2) Limited and Mattamy (Half Moon Bay) Limited, identified as Cambrian Woods UNA Site #57 containing an area of 19.75 ha (48.82 acres), described as being Part of Lots 10 and 11, Concession 3, Rideau Front, geographic Township of Nepean and shown hatched and identified as Parts 1, 2, 3 and 4 on Document 2 attached and further described as Parts 1, 2, 3 and 4 on a draft plan of survey prepared by J.D. Barnes Limited, plus GST or HST as applicable, pursuant to a Land Exchange Agreement that has been received; 9. SALE OF LAND - PART OF LEO LANE VENTE DE TERRAIN - PARTIE DE L'ALLÉE LEO COMMITTEE RECOMMENDATIONS That Council: 1. Declare a parcel of land identified as Parts 3, 4, 5 and 6 on the attached sketch identified as Document 1, containing approximately 399.69 m2 (4,302.4 square feet), described as part of Lot 1, Registrar's Compiled Plan No. 50, geographic Township of Cumberland, now in the City of Ottawa, being Parts 3, 4, 5 and 6 on Plan 4R-20477 (Part of Leo Lane) subject to the road being stopped up and closed by by-law, as surplus to the City's needs; 2. Waive City Policy pertaining to the sale of property at market value and approve the sale of land detailed in Recommendation 1, having a value of $6,400.00, to Willard McWilliams for $1.00, plus GST, subject to an easement over Part 5 in favour of the City of Ottawa for drainage purposes and any other easements that may be required, in exchange for Mr. McWilliams granting to the City easements over lands owned by him shown as Parts 2, 7, 8 and 9 on the attached sketch identified as Document 1, containing an area of 223.7 m2 (2,408 square feet), described as part of Lot 1, Registrar's Compiled Plan No. 50, geographic Township of Cumberland, being Parts 2, 7, 8 and 9 Plan 4R-20477, having a value of $4,800.00. 10. LAND EXCHANGE - NATIONAL CAPITAL COMMISSION - RUSSELL ROAD (MCEWAN CREEK STORMWATER MANAGEMENT FACILITY) ÉCHANGE DE TERRAINS - COMMISSION DE LA CAPITALE NATIONALE (INSTALLATION DE GESTION DES EAUX PLUVIALES DU RUISSEAU MCEWAN) COMMITTEE RECOMMENDATIONS That Council approve to: 1. Declare a portion of City land located on Russell Road and identified as part of PIN 04161-0058, containing an area of approximately 3.2145 ha (7.94 acres), subject to final survey and described as Part of Lot 5, Concession 6, Rideau Front, geographic Township of Gloucester, shown as Parcels 'F' and 'G' on Document 1 attached, as surplus to City requirements; 2. Waive City policy pertaining to the public marketing of viable properties; and 3. Approve the sale of the land referred to in Recommendation 1, to the National Capital Commission, subject to any easements that may be required, in exchange for lands owned by the National Capital Commission identified as part of PINS 04161-0046 and 04161-0059 and shown as Parcels 'A', 'B', 'C', 'D' and 'E' on Document 1 attached, containing an area of 4.55 ha (11.246 acres), and described as Part of Lot 5, Concession 6, Rideau Front, geographic Township of Gloucester, together with a monetary payment by the City to the National Capital Commission of $90,000 plus GST or HST as applicable, subject to adjustment on final survey. 11. CAPITAL FUNDING SUPPORT - MONTFORT HOSPITAL SOUTIEN AU FINANCEMENT DES IMMOBILISATIONS - HÔPITAL MONTFORT COMMITTEE RECOMMENDATIONS That Council approve that: 1. The Montfort Hospital be remitted $136,663.43, representing the amount paid to the City for building permit fees ($19,593.32) and cash-in-lieu of parkland fees ($117,070.11) for construction projects undertaken pursuant to the hospital's approved 10-Year Capital Program up to and including March 31, 2009, as noted in Document 2; and 2. The Building Permit fees remittance ($19,593.32), and the Cash-in-Lieu of Parkland remittance ($117,070.11) be funded from the City-Wide Capital Reserve Fund. 12. RIDEAU CANOE CLUB LOAN GUARANTEE GARANTIE DE PRET AU CLUB RIDEAU CANOE COMMITTEE RECOMMENDATIONS That Council: 1. Increase the capital project authority for the expansion and renovation of the Rideau Canoe Club (RCC) facility by $0.516 million, from $1.782 million to $2.298 million. 2. Fund the additional $0.516 million requirement from donations ($46,000) and cash reserves ($120,000) held by RCC, with the remaining balance $350,000 financed by RCC through borrowed funds and; 3. Authorize the City Treasurer on behalf of the City, to enter into a loan guarantee agreement with a financial institution, selected by the RCC and satisfactory to the City, in providing financing to a maximum of $350,000. PLANNING AND ENVIRONMENT COMMITTEE REPORT 63A 1. STREET NAME CHANGE - CONSTELLATION CRESCENT INSTALLATIONS MUNICIPALES DE DRAINAGE DOWDALL COMMITTEE RECOMMENDATION That Council enact a by-law to change the street name of Constellation Crescent to Constellation Drive from Baseline Road to Centrepointe Drive and Constellation Crescent to Gemini Way for the remainder of the former roadway, as detailed in Document 1. 3. ZONING - 3317 NAVAN ROAD ZONAGE - 3317, CHEMIN NAVAN COMMITTEE RECOMMENDATION (This matter is subject to Bill 51) That Council approve an amendment to the City of Ottawa Zoning By-law 2008-250 to change the zoning of 3317 Navan Road from Development Reserve (DR) to Residential Third Density, Subzone Z, Exception [XX] (R3Z [XX]), Residential Fourth Density, Subzone Z, Exception [XX] (R4Z [XX]), and Minor Institutional Zone, Subzone A (I1A) as shown in Document 1 and detailed in Document 2. 4. ZONING - 1515 EARL ARMSTRONG ROAD ZONAGE - 1515, CHEMIN EARL ARMSTRONG COMMITTEE RECOMMENDATION (This matter is subject to Bill 51) That Council approve an amendment to the Zoning By-law 2008-250 to change the zoning of 1515 Earl Armstrong Road from DR - Development Review to GM26 - General Mixed Use, Subzone 26, as shown in Document 1 and as detailed in Document 2. 5. ZONING - 975 RICHMOND ROAD ZONAGE - 975, CHEMIN RICHMOND COMMITTEE RECOMMENDATIONS (This matter is subject to Bill 51) 1. That Council approve an amendment to the Zoning By-law 2008-250 to change the zoning of 975 Richmond Road from TM H(15) to TM [1373] H(15), as detailed in Document 2. 2. That the By-law to implement Recommendation 1 not be enacted until such time as a revision to the site plan has been submitted and approved, for the adjacent contiguous lands to the east (955, 965 and 971 Richmond Road) to incorporate 975 Richmond Road. 3. That approval of the rezoning set out in Recommendation 1 be null and void if the requirements of Recommendation 2 have not been satisfied within 12 months of approval. TRANSIT COMMITTEE REPORT 35 1. ONTARIO BUS REPLACEMENT PROGRAM (OBRP) PROGRAMME ONTARIEN DE REMPLACEMENT DES AUTOBUS (PORA) COMMITTEE RECOMMENDATIONS That City Council authorize the Mayor and City Treasurer to sign a Letter of Agreement with the Province as part of the application to receive funding under the Ontario Bus Replacement Program (OBRP) and approve the by-law authorizing the signing of the Letter of Agreement as set out in Document 2. ?? ?? ?? ?? Document 1 1