|
Total |
Spoiled |
Paid |
Out-of-Province |
Withdrawn |
Outstanding |
Year |
Written |
No. |
% |
No. |
% |
No. |
% |
No. |
% |
No. |
% |
|
|
(a) |
|
|
|
(b) |
|
(c) |
|
(d) |
|
1989 |
803,723 |
9,724 |
1.21% |
642,530 |
79.94% |
11,772 |
1.46% |
88,364 |
10.99% |
51,333 |
6.39% |
1990 |
3,144,174 |
47,759 |
1.52% |
2,360,878 |
75.09% |
61,136 |
1.94% |
374,715 |
11.92% |
299,686 |
9.53% |
1991 |
2,929,574 |
60,591 |
2.07% |
2,248,589 |
76.75% |
58,960 |
2.01% |
334,117 |
11.40% |
227,317 |
7.76% |
1992 |
2,639,282 |
63,026 |
2.39% |
1,914,174 |
72.53% |
52,432 |
1.99% |
489,544 |
18.55% |
120,106 |
4.55% |
1993 |
2,598,057 |
69,668 |
2.68% |
1,975,433 |
76.04% |
50,023 |
1.93% |
373,995 |
14.40% |
128,938 |
4.96% |
1994 |
2,481,123 |
74,318 |
3.00% |
1,945,578 |
78.42% |
56,476 |
2.28% |
268,562 |
10.82% |
136,189 |
5.49% |
1995 |
2,284,687 |
112,682 |
4.93% |
1,758,399 |
76.96% |
40,241 |
1.76% |
232,480 |
10.18% |
140,885 |
6.17% |
1996 |
2,575,178 |
160,132 |
6.22% |
1,928,932 |
74.90% |
56,463 |
2.19% |
267,582 |
10.39% |
162,069 |
6.29% |
1997 |
2,570,146 |
138,895 |
5.40% |
1,862,164 |
72.45% |
61,776 |
2.40% |
288,603 |
11.23% |
218,708 |
8.51% |
|
|
|
|
|
|
|
|
|
|
|
|
TOTAL |
22,025,944 |
736,795 |
3.35% |
16,636,677 |
75.53% |
449,279 |
2.04% |
2,717,962 |
12.34% |
1,485,231 |
6.74% |
Notes:
(a) Spoiled tags represent tags that are cancelled by the officer prior to completion of the tag and are never issued nor
available for collection.
(b) Except for voluntary payments, collection of out-of-province tags is not enforceable as there are no reciprocal
agreements with the other Canadian provinces and US cities.
(c) Tags are withdrawn for various reasons such as illegibles, officer errors, drove-aways, valid permits, etc. In 1992 and
1993, the number of withdrawn tags increased significantly mainly as a result of efforts taken to clear the court backlog,
resulting in cases being quashed due to court delays.
(d) Outstanding tags include 1.44 million tags that are awaiting collection at plate denial. The balance includes tags on
which a payment plan has been imposed, are awaiting trial, or are awaiting registration to plate denial.
The Corporate Services Committee also submits the following report (April 6, 1999) from the Chief Financial
Officer and Treasurer entitled "'Lookalike' Tickets Issued on Private Property":
Purpose:
To respond to a request from the Corporate Services Committee that the Chief Financial Officer and Treasurer report on the
"lookalike" tickets which are being issued on private property by an organization(s) other than the Parking Enforcement
Unit, Toronto Police Service.
Financial Implications:
Not applicable.
Recommendation:
It is recommended that this report be received for information.
Discussion:
Occasionally, the Parking Tag Operations Unit of Finance receives payments and/or complaints from the public related to
"lookalike" tickets. These "lookalikes" are similar in colour and appearance to the official Parking Infraction Notice issued
under the authority of the Parking Enforcement Unit of the Toronto Police Service.
In most instances, the lookalike tickets are invoices for parking on private property without permission. In all cases, the
"tickets" or photocopies of them are forwarded to the Legal Division for review and comments. As well, the Parking
Enforcement Unit investigates the issuance of the "tickets". If, after investigation and review, it is felt that the circumstances
surrounding the issuance of the "tickets" are not legal, then further action is taken, up to and including criminal charges
being laid.
Conclusion:
Less than 25 "lookalike" tickets are brought to the attention of Parking Tag Operations and Parking Enforcement staff each
year. Each situation is reviewed and investigated by Legal and Toronto Police Services. Should the number of "lookalikes"
increase, the process will be reviewed and modified as required.
Contact:
Bryan Kerr, Manager, Provincial and Parking Offences
392-5880.
The Corporate Services Committee also submits the following report (April 6, 1999) from the Chief Financial
Officer and Treasurer entitled "Number of Tickets Issued to Persons with Disabled Parking Permits":
Purpose:
To respond to a request from the Corporate Services Committee that the Chief Financial Officer and Treasurer report on the
number of tickets issued and cancelled to persons with disabled parking permits and on the accountability of the officers
writing the tickets.
Recommendation:
It is recommended that this report be received for information.
Council Background/Reference:
In considering a communication from Councillor Howard Moscoe, respecting valid disabled parking permit holders who
have been receiving parking tickets even though their disabled permit is clearly displayed on their vehicles, the Corporate
Services Committee, at its meeting on November 9, 1998 requested the Chief Financial Officer and Treasurer to submit a
report to the Committee:
(1) on the number of tickets issued to persons with disabled parking permits, including those that are withdrawn;
(2) on the current method of evaluation by Parking Control Officers; and
(3) on current enforcement policies and suggested changes.
At its meeting on February 2, 1999, Council received Clause No. 13(a) of Report No. 1 of The Corporate Services
Committee. The report contained information on the number of parking tags withdrawn where the holder of the permit
requested withdrawal due to the fact that a valid disabled permit was displayed at the time of the alleged offence. At that
time statistical information was only available for a portion of the year.
The report also recommended that the Chief of Police, Toronto Police Services be requested to report to the Corporate
Services Committee, through the Toronto Police Services Board, on the current method of evaluation by Parking Control
officers, and the Chief of Police, Toronto Police Services be requested to report through the Toronto Police Services Board
on current enforcement policies and suggested changes related to disabled parking permits.
Discussion:
In the previous report to this Committee, it was stated that it is not possible to determine the number of parking tickets
issued to persons with disabled parking permits. It is, however, possible to identify the number of tickets that have been
withdrawn for the reason that the permit holder stated that a valid disabled permit was displayed at the time of the alleged
offence. During the full year of 1998, more than 8,500 parking tags were withdrawn for this reason.
The Parking Enforcement Unit of Toronto Police Services is responding to the requests from the Committee made in
January 1999. As well, the issue of accountability is also being addressed in a report to be submitted to the Toronto Police
Services Board.
Conclusion:
The Parking Enforcement Unit of Toronto Police Services will be responding to the requests of this Committee through the
Toronto Police Services Board in the near future. It is therefore recommended that this report be received for information.
Contact:
Bryan Kerr
Manager, Provincial and Parking Offences
392-5880
________
The Corporate Services Committee reports, for the information of Council, having also had before it a communication
(March 24, 1999) from Councillor Anne Johnston, North Toronto, forwarding a communication (March 23, 1999) from Mr.
Bill Johnston, Legal Counsel, Coldwell Banker Pinnacle Real Estate, respecting his "running battle with the 'Green
Hornets'" in the vicinity of 274 Eglinton Avenue West.
(A copy of the graphs attached to the foregoing report (December 23, 1998) from the City Auditor, was forwarded to all
Members of Council with the April 19, 1999, agenda of the Corporate Services Committee, and a copy thereof is also on
file in the office of the City Clerk.)
2
Policy on Tendering Outdoor Advertising Signs on
Existing Locations and Proposed New Locations
(City Council on May 11 and 12, 1999, struck out and referred this Clause to the Commissioner of Urban Planning and
Development Services.
Council also adopted the following:
"WHEREAS Toronto City Council on June 5, 1998, passed By-law No. 280-1998 to prohibit third party advertising roof
signs within 400 metres of recently transferred portions of Highways 27, 2, 2A and the F. G. Gardiner Expressway; and
WHEREAS Toronto City Council on July 29, 1998, adopted Clause No. 6 of Report No. 9 of The Urban Environment and
Development Committee, which recommended that:
'(1) the Commissioner of Urban Planning and Development Services receive applications involving minor variances from
the Sign By-law relating to the recently transferred portions of Highways 27, 2, 2A and the F. G. Gardiner Expressway;
(2) the review of these applications for minor variance be undertaken by the appropriate staff of Urban Planning and
Development Services, in consultation with staff of Works and Emergency Services, using the Ministry of Transportation of
Ontario (MTO) Commercial Sign Policy as a guideline; and
(3) the Commissioner of Urban Planning and Development Services prepare a report on each application to be forwarded
to the appropriate Community Council for approval by Council.'; and
WHEREAS the six former municipalities of Metropolitan Toronto each have Sign By-laws which, in varying degrees,
regulated third party billboard advertising signs on both private and public lands; and
WHEREAS City of Toronto Corporate Services Committee has recommended that all issues pertaining to the location of
advertising signboards on City-owned properties be considered by the Corporate Services Committee; and that only the
Corporate Services Committee give consideration to any recommendation in regard thereto; and that Etobicoke
Community Council be so advised; and
WHEREAS in consideration of the potential inequity associated with two approval streams for billboard advertising
signs, one for signs proposed to be located on City-owned lands through Corporate Services Committee to Council, and a
second process for signs proposed for private lands in each of the six former municipalities, through Community Councils
to Council;
NOW THEREFORE BE IT RESOLVED THAT:
(1) the appropriate City officials move forward with the harmonization of all City sign regulations;
(2) sign regulations be drafted in such a manner as to regulate, with equal consideration, all third party advertising signs,
whether located on private or public lands;
(3) the Commissioner of Urban Planning and Development Services and the Commissioner of Works and Emergency
Services, in consultation with other City officials which oversee the use of City-owned lands, be requested to submit a joint
report, as soon as practicable, to the appropriate Committee of Council, on:
(a) a procedure which will ensure that only one sign approval and sign variance approval process is used for all billboard
advertising signs proposed for private or City-owned lands located within the City of Toronto;
(b) the feasibility of referring each new sign request to the relevant Community Council, as it pertains to locational issues
only; and
(c) how a harmonized by-law can reflect local community characteristics; and
(4) the Commissioner of Urban Planning and Development Services be requested to submit a report to the appropriate
Committee of Council on the outstanding request from Community Councils regarding signs insofar as it pertains to
funding required.")
The Corporate Services Committee recommends that all issues pertaining to the location of advertising signboards
on City-owned properties be considered by the Corporate Services Committee; and that only the Corporate Services
Committee give consideration to any recommendations in regard thereto; and that the Etobicoke Community
Council be so advised.
The Corporate Services Committee submits the following communication (April 12, 1999) from Mr. Ronald G. Barr,
Executive Director, Government and Community Relations, Pattison Outdoor Advertising:
During the past four years, Pattison Outdoor Advertising has requested the former City of Toronto, City of Etobicoke and
Metropolitan Toronto, to tender properties that had billboards that had not been tendered for many years. We advised
Council that the municipality was not receiving present market value on these sites.
Background:
The City of Etobicoke tendered their sites and realized an amazing 500 percent increase in revenue. The former City of
Toronto instructed staff in 1998 to tender their sites and to date the sites have not been tendered. Metropolitan Toronto had
no record of ever tendering their sites.
This matter was referred to the Corporate Services Committee and after several meetings regarding this matter, the
Committee made the following recommendation contained in Clause No. 4 of Report No. 17, which was adopted by City
Council at its meeting held on November 25, 26 and 27, 1998, under the heading "Signboards Presently Located on Former
Metropolitan Toronto Properties (Ward 1 - East York)". The Committee recommended that:
(1) the existing signboard agreements for the locations identified in Appendix embodied in the report dated September 24,
1998, from the Commissioner of Corporate Services, continue until such time as the Commissioner of Corporate Services
reports further to the Corporate Services Committee respecting this issue, and Council has adopted a City-wide policy in
regard thereto; and
(2) the Commissioner of Corporate Services be requested to report to the Corporate Services Committee on policy, process
and criteria for tendering such report to ensure that there will be more than one provider of these advertising services.
On March 29, 1999, the Economic Development Committee had before it Item No. 29 (Proposed Billboard Advertising on
City-Owned/Maintained Properties All Wards).
Forwarding action taken by City Council at its meeting on March 2, 3, and 4, 1999, respecting Clause No. 6 of Report No. 3
of The Economic Development Committee, titled "Other Items Considered by the Committee", and referring Item (h)
therein back to the Economic Development Committee for further consideration, Item (h) being a report (January 29, 1999)
from the Commissioner of Economic Development, Culture and Tourism recommending that:
(1) this report be received for information;
(2) the project team established to examine issues related to outdoor advertising at City parks and recreation facilities
include in its scope of study the feasibility, planning criteria and revenue potential of billboard advertising on City-owned or
maintained properties; and
(3) the appropriate City officials take the necessary action to give effect thereto.
Conclusion:
Pattison Outdoor has applied to the City of Toronto Real Estate Department to lease City locations for billboard advertising.
We have been advised that there is a freeze on all City properties until the new policy has been put in place. At the same
time, one of our competitors has applied to be on City property and staff from the Transportation Services Division have
prepared a report dated March 30, 1999, recommending to Etobicoke Community Council that a third party Commercial
Advertising Sign be permitted on the public road allowance at 63 Park Lawn Road.
Mr. Chairman, I would like to appear as a deputation before your Committee, to request staff through Committee, to explain
how one company is permitted to lease City owned properties, while another is refused. Please advise me as to the time and
date of your next meeting.
--------
The following persons appeared before the Corporate Services Committee in connection with the foregoing matter:
- Mr. Ron Barr, Executive Director, Government and Community Relations, Pattison Outdoor Advertising; and
- Ms. Ingrid Brooks, OMNI.
3
Use of Section 6 to the City of Toronto Act to
Repair Dwelling Municipally Known as 8 Kerr Road
(City Council on May 11 and 12, 1999, adopted this Clause, without amendment.)
The Corporate Services Committee recommends the adoption of the following report (March 22, 1999) from the
District Manager, North, Municipal Licensing and Standards and Court Services:
Purpose:
To approve the expenditure of $12,000.00 plus GST to be paid to Four Seasons Building Renovators Limited for work
undertaken to carry out repairs necessary to address Toronto Municipal Code, Chapter 210, deficiencies as cited in orders
issued to the property owners; such costs to be applied, without interest to the tax rolls and collected in the same manner as
real property taxes.
Financial Implications:
Funding Source - Account Number 1000-31230-107731. Although the costs associated with the repairs to the premises are
added to the owners' tax account and would not normally have financial implications, the longer repayable period would
have an impact as portions of the monies owing would be outstanding for a 10-year period.
Recommendations:
It is recommended that:
(1) Council approve the expenditure of the aforementioned funds plus a contingency amount of $3,000.00 to effect repairs
to the subject premises;
(2) Four Seasons Building Renovators Limited be engaged to carry out the repair work required to bring the premises into
compliance with the Toronto Municipal Code, Chapter 210;
(3) the amount expended be repayable over a 10-year period with no interest or administration charges due to the financial
circumstances of the owners; and
(4) if the premises were sold prior to the loan being repaid in full, the outstanding amount repayable prior to completion of
the transaction.
Authority:
Subsection 6 of Section 6 of the City of Toronto Act, 1936, as amended.
Background:
The file on this property commenced in October of 1997 as a result of a Council complaint regarding the poor condition of
the premises.
This is an owner-occupied single family dwelling. The owners are hearing impaired and currently unemployed.
An Order was sent by registered mail on October 28, 1997, citing the deteriorated exterior conditions. The owners advised
in April of 1998 that they were in financial difficulty and could not afford to carry out the work. There were no grant monies
available at that time (OHRP). Some minor work was carried out such as removal of debris and obstructions from the
eavestroughing.
The concerns of the Councillor regarding the deteriorated conditions have been voiced many times. A decision was made
not to proceed with a court action as punitive measures would not produce the desired result and add a further financial
burden. The owner proceeded to look into the grant programmes further but did not follow through with obtaining
estimates. It was therefore necessary to prepare an Order Procedure (first step in using Section 6 as a remedial measure) to
enable the City to step in to carry out the work.
The owner then applied for RRAP but no funding was available. The Order Procedure was confirmed at the Housing
Standards Appeal Committee on November 26, 1998 and has not been appealed to the Ontario Court (General Division).
Discussion:
In accordance with advice from Legal Services, we are reporting this matter to the Corporate Services Committee for
instructions. It has been the policy of this department for many years to report to the former City of Toronto Executive
Committee for approval prior to proceeding with the work.
Three estimates were requested and submitted as follows:
Re-Do-It Renovations $ 6,794.50 including GST
Four Seasons Building Renovators Ltd. $12,000.00 plus GST
The Karr Group $13,480.00 plus GST
Although Four Seasons Building Renovators Ltd. is not the lowest bidder, their itemized work plan more adequately covers
the required work and is the recommended contractor.
There are no outstanding taxes and all encumbrancers have been notified.
In order to remedy the situation and alleviate the concerns of the Councillor and the community, it is necessary to proceed
under the authority provided in the City of Toronto Act and carry out the required work.
Due to the financial restrictions on the owners and to minimize the burden to them, it is recommended that as long as the
current owners still own the property, they be allowed to repay the costs expended over a 10-year interest free period.
However, the full amount of the costs expended will immediately be registered as a lien against the property in accordance
with the Act.
Reviewed by:
James Ridge
Executive Director, Municipal Licensing and Standards
397-4634
Diana Dimmer, Director of Litigation, Legal Services
392-7229.
4
Surplus City Property:
Two Sites on Grand Avenue (Ward 2)
and Lawrence/Allen Road (Ward 8)
(City Council on May 11 and 12, 1999, adopted this Clause, without amendment.)
The Corporate Services Committee recommends the adoption of the following report (March 29, 1999) from the
Commissioner of Community and Neighbourhood Services:
Purpose:
To respond to the request contained in the report adopted by the Community and Neighbourhood Services Committee that
the Commissioner report back by April, 1999, "on the results of a proposal call for affordable rental and ownership
housing" on the Grand Avenue and Lawrence/Allen Road sites, withheld from sale for this purpose.
Funding Sources, Financial Implications and Impact Statement:
There are no funding implications associated with the Grand Avenue sites. For the Lawrence/Allen site, a business case and
detailed development proposal will be brought forward for Council approval within six months.
Recommendations:
It is recommended that:
(1) the Grand Avenue sites no longer be withheld from sale in anticipation of an affordable housing development, given the
significant costs of soil remediation; and
(2) with the successful completion of an Affordable Housing Demonstration Project proposal call for transitional
(affordable rental) housing, the Lawrence/Allen Road site continue to be held from sale pending the submission of a
business case for Council approval.
Background:
At its meeting of November 16, 1998, the Council Strategy Committee for People Without Homes adopted my report which
recommended, amongst other things, that the City-owned sites on Grand Avenue and Lawrence/Allen continue to be held
from sale. I was requested to report back by April 1999, on the results of the proposal calls for affordable rental and
ownership housing.
For the Grand Avenue sites, your Committee further recommended that the Commissioner of Corporate Services expedite
the soil remediation study, and that I report with the Commissioner of Urban Planning and Development Services on the
feasibility of a community design concept for the northerly block, the need for open space on the southerly block, an
underpass from Legion Road to the south, etc.
Council adopted this joint report at its December 16, 1998, meeting.
Comments:
(1) Grand Avenue blocks:
The Real Estate Division has provided my staff with a consultant's report which reviewed the findings of previous soil
analyses, added the results of recently conducted soil sampling, and estimated the cost of clean-up of the two Grand Avenue
blocks at $2.8 million to bring them to residential standards.
While only the northerly block was considered for affordable housing use, it is the more contaminated of the two based on
its previous use as an incinerator site, and later as a waste transfer station. The estimate is qualified in a number of ways - it
does not include the break-up and removal of surface asphalt and concrete; much contaminated material is several feet
below the surface so that clean material must be removed and stock-piled to access it; and some excavation is required
below the water table. The consultant points out that further delineation testing is required to refine the estimate. A
site-specific risk assessment should be considered prior to embarking on an excavation and removal process.
The qualified estimate of clean-up cost is equivalent to $8,200.00/unit based on an assumed 340 unit development. Given
current housing economics, it would not be feasible to cover this additional cost and produce housing at prices or rents
affordable to a lower income target market. Therefore a proposal call has not been undertaken.
In the face of the likely clean-up costs, I believe it is no longer appropriate to hold on to the Grand Avenue site for
affordable housing. If the clean-up costs can be covered by other means (i.e., not borne by the development), then I would
like the opportunity to revisit the possibility of an affordable housing component at that time.
(2) Lawrence/Allen Road:
A two-stage proposal call for the Affordable Housing Demonstration Project closed in the second week of December. The
intention was to select a community-based not-for-profit organization to meet the needs of groups who are currently under
serviced, provide affordable housing, demonstrate a range of housing models, and make effective use of any resources the
City may provide. The target group for the majority of the units is single parents with children, either in emergency
accommodation or in danger of ending up in the hostel system.
Target rent for a three-person household would be $554.00 per month, the current welfare shelter allowance. Appropriate
training and support services also will be provided with no City operating subsidy. In addition, the group selected to
develop the housing will have to contribute equity to the construction costs.
The small (half-acre) Lawrence/Allen site has already been through the planning approval process for a 24 unit,
three-storey building. When the Province cancelled the social housing program in 1995, the final development agreement
was not signed and the recommended zoning by-law was not enacted.
In response to the proposal call nine groups expressed an interest and outlined their program model. Three groups were
selected to proceed to stage two. They demonstrated an appropriate operational model and sufficient expertise and resources
to construct and operate the building for the long-term.
For the second stage of the selection process the three selected groups were asked to prepare a detailed capital and
operating budget and detail what City capital resources would be required to facilitate construction.
The second stage proposals were examined by staff and reviewed by the advisory Reference Group chaired by Councillor
Feldman. Based upon the advice of this Reference Group, the joint proposal from Out of the Cold and Congregation
Darchei Noam is being advanced as the working framework for the preparation of a final business case for the development
of the Lawrence/Allen site. The business case would also be used to help secure private mortgage funding for the majority
of the construction cost.
Once an acceptable business case has been prepared, the Reference Group would then recommend it to Council for a
decision.
Contact Name:
Joanne Campbell,
Tel: (416) 392-7885;
Fax: (416) 392-0548.
5
Humber Sanitary Trunk Sewer 168M North
of MH 13 Proposed Encroachment on
City of Toronto Easement
(City Council on May 11 and 12, 1999, adopted this Clause, without amendment.)
The Corporate Services Committee recommends the adoption of the following report (April 6, 1999) from the
Commissioner of Works and Emergency Services:
Purpose:
To seek Council authority to enter into an encroachment agreement with Lambton Golf and Country Club in order to permit
a private sewer connection from the Club's facility to the City's Humber Sanitary Trunk Sewer.
Funding Sources, Financial Implications and Impact Statement:
There is no financial implications and impact to the City.
Recommendation:
It is recommended that:
(1) authority be granted to execute an encroachment agreement with Lambton Golf and Country Club in accordance with
terms and conditions detailed herein; and
(2) the appropriate City officials be authorized to take the necessary action to give effect thereto.
Council Reference/Background/ History:
In September 1998, Wyllie and Ufnal, Consulting Engineers, acting on behalf of their client, Lambton Golf and Country
Club, submitted a drawing and requested a 150mm diameter connection to the 1800mm diameter Humber Sanitary Trunk
Sewer. The proposed connection will be located on Part of Lot 8, Humber Range, Concession 3 from the Bay, City of
Toronto, approximately 168m North of MH 13 and will serve an existing privy on Lambton Golf and Country Club
property. This connection will cross the City's existing trunk sewer easement (Instrument No. EB267313, Plan B.1220-153).
The original easement agreement was granted to the City from the same landowner for a nominal sum and required that the
easement lands remained clear of buildings and structures.
Lambton Golf and Country Club has agreed to enter into an encroachment agreement with the City, with terms and
conditions to save the City harmless of any liability from the existence and construction of the connection pipe. The entire
connection will be maintained by Lambton Golf and Country Club in perpetuity. Lambton Golf and Country Club will also
provide an irrevocable commercial letter of credit which amount will be held for two years upon completion of the work,
and released thereafter, subject to final approval by the Commissioner of Works and Emergency Services.
Staff have reviewed this proposal and found it to be acceptable, subject to the standard compensation amounts:
(a) The Commissioner of Corporate Services has determined that nominal compensation applies in this case, as the original
easement was granted to the City from the same landowner at a nominal sum.
(b) Lambton Golf and Country Club shall pay for the City's cost of administration and engineering review in the amount of
$350.00 (Three Hundred and Fifty Dollars) forthwith upon the execution of this Agreement.
Comments and/or Discussion:
Lambton Golf and Country Club has confirmed its acceptance of the above-noted conditions and are presently arranging for
the preparation of the Reference Plan and agreement.
Conclusion:
The proposal to connect to the City's trunk sewer and encroach onto the City's easement is satisfactory to the Commissioner
of Works and Emergency Services. The Commissioner of Corporate and Human Resources has determined that nominal
compensation applies in this case as the original easement was granted to the City at a nominal sum. Lambton Golf and
Country Club has agreed to compensate the City for the cost of engineering and administrative staff time to process the
request and post an irrevocable commercial letter of credit in the amount of 120 percent of the cost of the connection.
Contact Name and Telephone Number:
W.G. Crowther, Director, P.Eng., Works Facilities and Structures
(416) 392-8256.
6
Sale of Surplus Vacant Lands at Dundas Street
West and Viking Road (Ward 4 - Markland Centennial)
(City Council on May 11 and 12, 1999, adopted this Clause, without amendment.)
The Corporate Services Committee recommends the adoption of the following report (April 7, 1999) from the
Commissioner of Corporate Services:
Purpose:
To authorize the disposal of the vacant parcel on the south side of Dundas Street West and north side of Viking Road, west
of Kipling Avenue.
Financial Implications:
Revenue of $400,000.00, less closing costs and the usual adjustments.
Recommendations:
It is recommended that:
(1) Council waive the City of Toronto's obligations pursuant to Section 42 of the Expropriations Act, to offer the owners
from whom the land was expropriated the first chance to repurchase the lands on the terms of the best offer received by the
City;
(2) the appropriate City officials be authorized to accept this offer in the amount of $400,000.00 as detailed herein;
(3) authority be granted to direct a portion of the sale proceeds on closing to fund the outstanding balance of Costing Unit
No. CP300J56263;
(4) the City Solicitor be authorized and directed to take the appropriate action to complete the transaction on behalf of the
Corporation and he be further authorized to amend the closing date to such earlier or later date as he considers reasonable;
and
(5) the appropriate City officials be authorized and directed to take the necessary action to give effect thereto.
Council Reference/Background/History:
By its adoption of Clause No. 13 of Report No. 13 of The Corporate Services Committee on October 1 and 2, 1998, City
Council declared the property surplus pursuant to By-law No. 551-1998 and authorized its disposal subject to easement
protection for utilities, by offering the property for sale at market value to the adjacent owner. The procedures with respect
to By-law No. 551-98 have been complied with, a utility canvass has been completed and no requirements have been
identified.
As these lands were purchased together with other lands, by expropriation, in order to proceed with the disposal of this
property, it is necessary for Council, as an Approving Authority defined in the Act, to waive the City's statutory obligation
as set out in S.42 of that legislation.
Comments and/or Discussion and/or Justification:
Pursuant to the October 1 and 2, 1998 authority, the lands were offered to the adjacent owner and the following offer was
received:
Subject Property: Part of Lots 13, 14, 15, 16, 18 and Block A, Registered Plan 3408, City of Toronto (formerly City of
Etobicoke), shown as Part 2 on Plan 64R-11556.
Location: South side of Dundas Street West and north side of Viking Road, West of Kipling Avenue.
Dimensions: Irregular.
Lot Area: 1,673 square metres (18,008 square feet).
Property Type: Vacant Land.
Zoning: IC1 (Industrial).
Recommended Sale Price: $400,000.00 (conditional for 180 days following acceptance by the City with provision for (3)
three 30-day extensions to be granted at the discretion of the Commissioner of Corporate Services, if required, on purchaser
obtaining site plan approval for its proposed residential/commercial development and thereafter for 90 days on Due
Diligence including an environmental assessment).
Deposit: $40,000.00.
Purchaser: Calcorp Inc.
Closing Date: 90 days following the expiry of the Due Diligence period.
Terms: Certified cheque on closing, subject to the usual adjustments.
Conclusion:
Completion of this transaction detailed above is considered fair and reasonable and reflective of market value.
Contact Name:
Ms. Sheryl Badin, Real Estate Services,
(416)392-8142, Fax No.: (416)392-4828,
E-Mail Address: sheryl_badin@metrodesk.metrotor.on.ca.
(A copy of the map attached to the foregoing report was forwarded to all Members of Council with the April 19, 1999,
agenda of the Corporate Services Committee, and a copy thereof is also on file in the office of the City Clerk.)
7
Sale of Surplus Scarborough Transportation
Corridor Property at 212A Clonmore Drive
(Ward 13 - Scarborough Bluffs)
(City Council on May 11 and 12, 1999, adopted this Clause, without amendment.)
The Corporate Services Committee recommends the adoption of the following report (March 22, 1999) from the
Commissioner of Corporate Services:
Purpose:
To authorize the disposal of the property municipally known as 212A Clonmore Drive.
Funding Sources, Financial Implications and Impact Statement:
Revenue of $147,000.00, less closing costs and the usual adjustments is anticipated.
Recommendations:
It is recommended that:
(1) the Commissioner of Corporate Services or the Executive Director of Facilities and Real Estate be authorized to accept
this offer in the amount of $147,000.00 as detailed herein;
(2) Council, pursuant to Clause No. 14 of Report No. 22 of the former Metropolitan Management Committee adopted on
September 28, 1994, waive the minimum required deposit of 10 per cent. of the purchase price;
(3) authority be granted to direct a portion of the sale proceeds on closing to fund the outstanding balance of Costing Unit
No. CA700CA2478;
(4) the City Solicitor be authorized and directed to take the appropriate action to complete the transaction on behalf of the
City and he be further authorized to amend the closing date to such earlier or later date as he considers reasonable; and
(5) the appropriate City officials be authorized and directed to take the necessary action to give effect thereto.
Council Reference/Background/History:
The City of Toronto is the owner of 212A Clonmore Drive. By its adoption of Clause No. 1 of Report No. 11 of The
Corporate Administration Committee on May 22, 1996, the former Metropolitan Council declared the property surplus
pursuant to By-law No. 56-95 and authorized its disposal. The procedures with respect to By-law No. 56-95 have been
complied with, a utility canvass has been completed and no requirements have been identified.
Comments and/or Discussion and/or Justification:
Pursuant to the May 22, 1996 authority, negotiations were conducted with the tenant, Susan Strudwick and the following
offer was received:
Property Address: 212A Clonmore Drive.
Legal Description: Part of Lot 2, Plan 1756, City of Toronto.
Approximate Lot Size: 8.23 metres (27 feet) fronting onto Clonmore Drive,
49.76 metres (163.25 feet) depth (irregular).
Location: North side of Clonmore Drive, west of Warden Avenue, north of Kingston Road.
Improvements: Detached, 3 bedroom, 2 storey dwelling.
Occupancy Status: Tenanted.
Recommended Sale Price: $147,000.00.
Deposit: $3,600.00 (bank draft).
Purchaser: Susan Strudwick.
Closing Date: July 2, 1999.
Terms: Cash on closing, subject to the usual adjustments.
Conclusion:
Completion of this transaction detailed above is considered fair and reasonable and reflective of market value.
Contact Name:
Michelle DeVey, Valuator-Negotiator, Real Estate Services, (416)392-8160, Fax No.: (416)392-4828, E-Mail Address:
michelle_devey@metrodesk.metrotor.on.ca.
(A copy of the map attached to the foregoing report was forwarded to all Members of Council with the April 19, 1999,
agenda of the Corporate Services Committee, and a copy thereof is also on file in the office of the City Clerk.)
8
Sale of Surplus Spadina Project Property
at 300 Spadina Road (Ward 23 - Midtown)
(City Council on May 11 and 12, 1999, adopted this Clause, without amendment.)
The Corporate Services Committee recommends the adoption of the following report (April 1, 1999) from the
Commissioner of Corporate Services:
Purpose:
To authorize the disposal of the property municipally known as 300 Spadina Road.
Funding Sources, Financial Implications and Impact Statement:
Revenue in the minimum amount of $480,000.00, less closing costs and the usual adjustments, subject to the revenue
sharing agreement with the Province pursuant to Clause No. 1 of Report No. 25 of the former Metropolitan Corporate
Administration Committee, approved on December 4, 1996 will be realized from the sale of this property if the
recommendations in this report are approved.
Recommendations:
It is recommended that:
(1) the Commissioner of Corporate Services or the Executive Director of Facilities and Real Estate be authorized to accept
this offer in the amount of $480,000.00 as detailed herein;
(2) Council, pursuant to Clause No. 14 of Report No. 27 of the former Metropolitan Management Committee adopted on
September 28, 1994, waive the minimum required deposit of 10 per cent. of the purchase price;
(3) authority be granted to direct a portion of the sale proceeds on closing to fund the outstanding balance of Costing Unit
No. CP300J56197;
(4) the City Solicitor be authorized and directed to take the appropriate action, in conjunction with Province of Ontario
Officials and/or agents, to complete the transaction on behalf of the Corporation and he be further authorized to amend the
closing date to such earlier or later date as he considers reasonable; and
(5) the appropriate City officials be authorized and directed to take the necessary action to give effect thereto.
Council Reference/Background/History:
The Province of Ontario is the owner of 300 Spadina Road, subject to a ninety-nine year lease in favour of the City of
Toronto. By its adoption of Clause No. 1 of Report No. 3 of The Corporate Administration Committee on February 12 and
13, 1997, Metropolitan Council declared the property surplus pursuant to By-law No. 56-95 and authorized its disposal. The
procedures with respect to By-law No. 56-95 have been complied with, a utility canvass has been completed and no
requirements have been identified.
By its adoption of Clause No. 4 of Report No. 9 of The Corporate Services Committee on July 8, 9, and 10, 1998, Toronto
Council authorized that properties listed in Schedule "A", including the subject property, be sold to tenants at market value
determined as of the date of expression of their interest and that such sale be subject to an option to repurchase at that
purchase price (unadjusted) for a period of two years. A new appraisal was secured with an effective date of February 28,
1997 in the amount of $510,000.00, and the property was offered to the tenant for this sum.
Comments and/or Discussion and/or Justification:
The tenants, Mr. David Cobden and Mrs. Lorraine Cobden rejected the City's appraised value, and requested the matter of
market value be referred to arbitration in conformance with Council's directive to have a third party arbitrator attempt to
bring the parties together. (Clause No. 4 of Report No. 9 of The Corporate Services Committee adopted as amended by
Council at the meeting held on July 8, 9, and 10, 1998). An arbitration hearing was held on January 27, 1999 at which time
both parties presented oral and written submissions in support of their respective estimates of market value. It is noted the
City's value was based upon the most recent appraisal in the amount of $510,000.00. In a written decision, Ms. Patricia
Dunn concluded that $480,000.00 to $490,000.00 more accurately represents fair market value as of February 28, 1997.
A summary of the property and the terms and conditions in Mr. and Mrs. Cobden's offer to purchase are as follows:
Property Address: 300 Spadina Road.
Legal Description: Lot 65, Registered Plan 930, City of Toronto.
Lot Size: 15.24 metres (50 feet) fronting onto Everden Road,
54.25 metres (178 feet) depth.
Location: West side of Spadina Road, south of St. Clair Avenue West.
Improvements: Detached, 2.5-storey, brick dwelling.
Occupancy Status: Tenanted.
Date Interest Expressed: February 28, 1997.
Amount of Offer: $480,000.00.
Deposit: $24,000.00 (bank draft).
Purchaser: David Cobden and Lorraine Cobden.
Closing Date: June 30, 1999.
Terms: Cash on closing, subject to the usual adjustments and registration of an Option to Purchase.
This is a proposed sale to an existing tenant and is based on market value as at February 28, 1997, Council directed that
comparable sales data be provided for property sales in the Spadina corridor. Appendix "A" identifies three comparable
sales located in the vicinity of the subject property.
The Agreement with the Province of Ontario authorized by Clause No. 1 of Report No. 25 of the former Metropolitan
Corporate Administration Committee as adopted by Council on December 4, 1996 provides that the Provinces share of the
sale proceeds is to be based upon current market value. An appraisal report with an effective date of October 19, 1998
estimates the value of the property at $570,000.00.
Conclusion:
The sale of this property at $480,000.00 is considered fair and reasonable and reflective of market value as at February 28,
1997.
Contact Name:
Michelle DeVey, Valuator-Negotiator, Real Estate Services,
(416) 392-8160, Fax No. (416) 392-4828
E-Mail Address: michelle_devey@metrodesk.metrotor.on.ca.
--------
Appendix "A"
300 Spadina Road - Comparable Sales
The following three addresses represent comparable sales of properties that are similar to the residence which forms the
subject matter of this report. These three properties consist of detached, 2.5 storey brick dwellings located in the vicinity of
the subject property.
Approximate
Address Lot Size Sale Price Date of Sale
167 Spadina Road 50' x 130' $546,000.00 October 10, 1997
312 Spadina Road 50 x 178' $639,000.00 October 16, 1997
12 Lynwood Avenue 48' x 134' $545,000.00 February 4, 1997
(A copy of the map attached to the foregoing report was forwarded to all Members of Council with the April 19, 1999,
agenda of the Corporate Services Committee, and a copy thereof is also on file in the office of the City Clerk.)
9
Sale of Surplus Spadina Project Property at
111 Everden Road (Ward 28 - York Eglinton)
(City Council on May 11 and 12, 1999, adopted this Clause, without amendment.)
The Corporate Services Committee recommends the adoption of the following report (March 31, 1999) from the
Commissioner of Corporate Services:
Purpose:
To authorize the disposal of the property municipally known as 111 Everden Road.
Funding Sources, Financial Implications and Impact Statement:
Revenue of $267,850.00, less closing costs and the usual adjustments, subject to the revenue sharing agreement with the
Province pursuant to Clause No. 1 of Report No. 25 of the former Metropolitan Corporate Administration Committee,
approved on December 4, 1996.
Recommendations:
It is recommended, subject to Provincial concurrence, that:
(1) the Commissioner of Corporate Services or the Executive Director of Facilities and Real Estate be authorized to accept
the highest offer in the amount of $267,850.00 as detailed herein;
(2) Council, pursuant to Clause No. 14 of Report No. 22 of the former Metropolitan Management Committee adopted on
September 28, 1994, waive the minimum required deposit of 10 per cent. of the purchase price;
(3) authority be granted to direct a portion of the sale proceeds on closing to fund the outstanding balance of Costing Unit
No. CP300J56138;
(4) the City Solicitor be authorized and directed to take the appropriate action, in conjunction with Province of Ontario
Officials and/or agents, to complete the transaction on behalf of the City and he be further authorized to amend the closing
date to such earlier or later date as he considers reasonable; and
(5) the appropriate City officials be authorized and directed to take the necessary action to give effect thereto.
Council Reference/Background/History:
The Province of Ontario is the owner of 111 Everden Road, subject to a ninety-nine year lease in favour of the City of
Toronto. By its adoption of Clause No. 1 of Report No. 3 of The Corporate Administration Committee on February 12 and
13, 1997, Metropolitan Council declared the property surplus pursuant to By-law No. 56-95 and authorized its disposal. The
procedures with respect to By-law No. 56-95 have been complied with, a utility canvass has been completed and the only
requirement is set out below.
Comments and/or Discussion and/or Justification:
Pursuant to the February 12 and 13, 1997 authority, the property was listed with Paul Slavens Real Estate Inc. on March 9,
1999 at an asking price of $244,900.00. As a result, the following offers were received:
Purchaser Purchase Price Deposit Terms
Bill Iuele and $267,850.00 $14,500.00 No Conditions
Jennifer Pitt (certified cheque)
Godfrey Higgins and $258,000.00 $13,000.00 No Conditions
Clara Gavino (bank draft)
Marny Scully $251,150.00 $12,557.50 No Conditions
(bank draft)
The highest offer is recommended for acceptance:
Property Address: 111 Everden Road.
Legal Description: Part of Lots 117 and 118, Registered Plan 2339, City of Toronto, together with and subject to
rights-of-way.
Approximate Lot Size: 9.14 metres (30 feet) fronting onto Everden Road,
40.23 metres (132 feet) depth.
Easement: Subject to an easement in favour of the City of Toronto for subway purposes registered on Part 7, Reference Plan
64R-7314.
Location: East side of Everden Road, north of Ava Road, south of Eglinton Avenue West.
Improvements: Detached, 2 bedroom, brick bungalow.
Occupancy Status: Vacant.
Recommended Sale Price: $267,850.00.
Deposit: $14,500.00 (certified cheque).
Purchaser: Bill Iuele and Jennifer Pitt.
Closing Date: June 25, 1999.
Terms: Cash on closing, subject to the usual adjustments.
Listing Broker: Paul Slavens Real Estate Inc.
Selling Broker: Homelife/Cimerman Real Estate Ltd.
Commission: Four (4) per cent. plus G.S.T., payable on closing of the transaction.
By the adoption of Clause No. 5 of Report No. 9 of The Corporate Services Committee, Council at the meeting held on July
8, 9 and 10, 1998 directed that comparable sales data be provided in future reports of property sales. Appendix "A",
identifies three comparable properties located in the vicinity that have recently sold. While comparable sales information
can be included as part of the staff report, this property was listed for sale on the TREB multiple listing service and the
forces of the market place have determined the true market value.
Conclusion:
Completion of this transaction detailed above is considered fair and reasonable and reflective of market value.
Contact Name:
Michelle DeVey, Valuator-Negotiator, Real Estate Services,
(416)392-8160, Fax No.: (416)392-4828,
E-Mail Address: michelle_devey@metrodesk.metrotor.on.ca.
--------
Appendix "A"
111 Everden Road - Comparable Sales
The following three addresses represent comparable sales of properties that are quite similar to the residence which forms
the subject matter of this report. These three properties consist of detached, two bedroom bungalows.
Approximate
Address Lot Size Sale Price Date of Sale
118 Everden Road 25' x 132.97' $238,100.00 October 13, 1998
109 Everden Road 30' x 132' $250,100.00 July 29, 1998
303 Glenholme Road 25' x 112.95' $245,000.00 November 30, 1998
(A copy of the map attached to the foregoing report was forwarded to all Members of Council with the April 19, 1999,
agenda of the Corporate Services Committee, and a copy thereof is also on file in the office of the City Clerk.)
10
Expropriation of Property Interest
Sheppard Subway Project, Temporary Interest
in a Portion of 202 Sheppard Avenue West
(Ward 10 - North York Centre)
(City Council on May 11 and 12, 1999, adopted this Clause, without amendment.)
The Corporate Services Committee recommends the adoption of the following report (March 31, 1999) from the
Commissioner of Corporate Services:
Purpose:
To seek approval of the expropriation of certain property interests required for the Sheppard Subway Project.
Funding Sources, Financial Implications and Impact Statement:
Financing has previously been approved by Council and is available in Capital Account No. TC-392, Sheppard Subway
Project.
Recommendations:
It is recommended that:
(1) City Council, as approving authority, approve the expropriation of the property interests detailed herein;
(2) authority be granted to take all steps necessary to comply with the Expropriations Act, including but not limited to, the
preparation and registration of an Expropriation Plan and the service of: Notices of Expropriation, Notices of Election as to
a Date for Compensation and Notices of Possession;
(3) the Executive Director of Facilities and Real Estate be authorized to sign the Notices of Expropriation and Notices of
Possession on behalf of the City;
(4) leave be granted for introduction of the necessary Bill in Council to give effect thereto; and
(5) the appropriate City officials be authorized and directed to take the necessary action to give effect hereto.
Council Reference/Background/History:
By approval of Clause No. 2 of Report No. 9 of The Management Committee (as amended) on March 8 and 9, 1994, and
subject to a further report regarding funding, Metropolitan Council approved construction of the Sheppard Subway to Don
Mills Road. By approval of Clause No. 2 of Report No. 14 of The Management Committee (as amended) on April 20, 1994,
Metropolitan Council authorized the debenture funding to commence the project. Metropolitan Council, by its adoption of
Clause No. 2 of Report No. 21 of The Financial Priorities Committee on September 25 and 26, 1996 (as amended),
approved the completion of the Sheppard Subway Project. By adoption of Clause No. 13 embodied in Report No. 17 of the
Corporate Services Committee, City Council at its meeting of November 25, 26 and 27, 1998 approved the Application for
approval to Expropriate a temporary partial interest from 202 Sheppard Avenue West. This expropriation is required in
connection with the construction and utilization of a drop shaft and will be used temporarily for a pedestrian sidewalk, a
surface work site, and a subsurface dewatering tube system required for the drop shaft.
Comments and/or Discussion and/or Justification:
Pursuant to the Expropriations Act, initiation of the expropriation process had commenced and the owner of 202 Sheppard
Avenue West had given notice requiring a Hearing of Necessity. A Hearing was then scheduled. However, issues were
resolved before the Hearing took place and the owner accordingly withdrew his notice.
The requirement, which is subject to minor changes pending finalization of design and scheduling, is for a 30 month
temporary term, commencing May 1,1999 from the 202 Sheppard Avenue West lands. It is illustrated as the 33.4 square
metre area designated as Part 1 on the appended sketch which is derived from a draft plan by J. D. Barnes referenced
as 94-21-413-50-A, which is on file with the City Clerk.
Negotiations are continuing in the hope of securing the property for May 1,1999. However, in order to ensure the
availability of this temporary property interest, it is necessary to continue the expropriation process at this time.
Conclusions:
The continuance of expropriation procedures for the acquisition of the temporary partial interest from 202 Sheppard Avenue
West is required to ensure that possession of the lands for subway construction is obtained in a timely manner.
Contact Name:
Daniel O'Donohue, Valuator/Negotiator
(416) 392-8161 Fax No.:(416) 392-4828
E-Mail Address: daniel_o'donohue@metrodesk.metrotor.on.ca.
(A copy of the map attached to the foregoing report was forwarded to all Members of Council with the April 19, 1999,
agenda of the Corporate Services Committee, and a copy thereof is also on file in the office of the City Clerk.)
11
Maxwell Street - Proposed Purchase of Ontario Hydro Land,
Part of Block X, Registered Plan 3082 Designated as
Parts 1, 2 and 3, Plan 64R-15644
(Ward 8 - North York Spadina)
(City Council on May 11 and 12, 1999, adopted this Clause, without amendment.)
The Corporate Services Committee recommends the adoption of the following report (April 6, 1999) from the
Commissioner of Corporate Services:
Purpose:
To obtain Council approval for the acquisition of the above described property from Ontario Hydro, to be utilized as
parkland.
Financial Implications:
Funds in the amount of $260,000.00, plus any costs associated with property acquisition, are available from the 1998
Capital Budget Parkland Acquisition, Account No. 014-508-9900-5137.
Recommendations:
It is recommended that:
(1) the City accept the Offer to Sell for the subject Ontario Hydro property at the appraised value of $260,000.00;
(2) the City Solicitor be authorized to complete this transaction according to the terms and conditions of the Offer to Sell
and pay any expenses incurred by the City incidental to the closing of the transaction or otherwise; and
(3) the appropriate City officials be authorized to take whatever action is necessary.
Background:
On May 13, 1998, City Council received Clause (i) of Report No. 5 from the North York Community Council, which dealt
with the proposed purchase of the subject Ontario Hydro property by the City for parkland. It reads as follows:
"Purchase of Ontario Hydro Property - Maxwell Street - North York Spadina
"WHEREAS the Parks and Recreation Division of the North York Region has recently been advised of the proposed sale of
Ontario Hydro lands;
AND WHEREAS this property is in the Bathurst Manor Residential Community which is deficient in parkland by (5.66)
hectares;
AND WHEREAS this property is primarily table land abutting the valley corridor of the West Don River which is already
under the jurisdiction of the City of Toronto;
AND WHEREAS on preliminary investigation, this property seems suitable for public parks purposes;
AND WHEREAS Ontario Hydro has imposed a deadline of May 15, 1998, for the City to express an interest in this
property;
THEREFORE BE IT RESOLVED that:
(1) staff of the Parks and Recreation Department, North York Civic Centre, be requested to contact Ontario Hydro
immediately to indicate a desire to enter into discussions with respect to the purchase of the subject property;
(2) if negotiations proceed to a conclusion, a further report be submitted to Council through the Corporate Services
Committee seeking approval to expend funds; and
(3) the appropriate City officials take the necessary action to give effect thereto."
The North York Community Council reports also having before it a report (May 1, 1998) from the Commissioner of
Economic Development, Culture and Tourism, recommending that approval be given for appropriate staff from Parks and
Recreation and Corporate Services to indicate interest in the subject property by May 15, 1998 and to enter into negotiations
with Ontario Hydro."
Comments:
As instructed, staff entered into negotiations with Ontario Hydro for the purchase of the subject lands. A settlement has
been reached for the acquisition of the property in the amount of $260,000.00. This is based on the appraised value
according to an independent appraisal prepared by Appraisal Group Inc. for the City and the details of the purchase are:
Vendor: Ontario Hydro
Size: Frontage 26.65 metres ( 87.45 feet)
Depth 175.29 metres (north lot line) (585.10 feet)
173.26 metres (south lot line) (568.43 feet)
Area: 0.69 hectare (1.713 acres)
Description: Flat tableland to a depth of about 91.4 metres then declines to the valley and conservation lands to the east.
There is a small wood lot with open water course at the north east quadrant of the property. The site has scrub vegetation for
cover and a gravel service road that traverses the northerly portion of the property.
Zoning: (R4) One family detached dwelling.
Closing Date: July 28, 1999.
Conditions: The offer is conditional on the City satisfying itself respecting the title to the property and the City being
satisfied in its sole discretion with respect to the soil conditions of the property. The City has the right to conduct soil
testing during the 60 day Due Diligence Period.
Easements: Storm sewer easement in favour of former City of North York (now City of Toronto) designated as PART 2,
Plan 64R-15644.
Conclusion:
Completion of this transaction detailed above is considered fair and reasonable and reflective of market value.
Contact Name:
Wayne O'Brien, 392-1167, (fax) 392-1880, E-mail: wobrien@toronto.ca.
(A copy of Appendices A, B and C attached to the foregoing report was forwarded to all Members of Council with the April
19, 1999, agenda of the Corporate Services Committee, and a copy thereof is also on file in the office of the City Clerk.)
12
Proposed Sale of City-Owned Land Described as
Part of Lot 56, Plan 781 South Side Goodwood Park
Court, East of Dawes Road, Former Borough
of East York - (Ward 1 - East York)
(City Council on May 11 and 12, 1999, adopted this Clause, without amendment.)
The Corporate Services Committee recommends the adoption of the following report (April 6, 1999) from the
Commissioner of Corporate Services:
Purpose:
To declare the City-owned properties shown as Parts 3 and 9 on Schedule "A" attached, as surplus and approve the process
by which the sale of the surplus properties will be carried out.
Funding:
There are no financial implications associated with this report.
Recommendations:
It is recommended that:
(1) the City-owned properties described as Part of Lot 56, Plan 781 and shown as Parts 3 and 9 on the attached Schedule
"A" be declared surplus to the City's needs;
(2) the public be notified of a proposed sale of the site to the abutting landowner to the south by posting a clearly visible
sign on the site for a period of not less than seven (7) days;
(3) staff be directed to negotiate the sale of these surplus lands with the abutting owner and report back thereon; and
(4) a notice to the public of a proposed sale be posted by the City Clerk in the office where the Public Land Register is
maintained.
History:
The property at 157 Dawes Road is an irregular shaped vacant site near the intersection of Dawes Road and Goodwood Park
Court, in the former Municipality of East York. In reviewing a development application at this site, Planning Staff
encouraged the owner to investigate acquiring additional lands to the north in order to achieve a more appropriate driveway
access to Goodwood Park Court.
The City owns two remnant parcels adjacent to 157 Dawes Road, one fronting Dawes Road and one adjacent to the Hydro
Corridor crossing Goodwood Park Court. Between these two is an irregular shaped parcel owned by Toronto Hydro. The
land configuration and ownership is shown on Schedule "A" attached.
Comments:
A circulation to City Departments, outside agencies, utility companies and the Ward Councillors to determine whether the
City properties were still required resulted in no objections to the proposed sale. Neither of the City parcels are viable for
independent development due to their small area. The remaining City lands, Parts 4 and 5 on Schedule "A", are required for
future road widening and a bus shelter.
Staff of Toronto Hydro is investigating if their land, shown as Part 6 on Schedule "A", is surplus to their need. Should it be
determined that the Toronto Hydro parcel is not available for sale, the developer has indicated a desire to proceed without it
and would, in that case, seek approval for fourteen (14) townhouse units instead of sixteen (16) as shown on Schedule "A".
Once the lands have been declared surplus, staff can negotiate the sale with the abutting owner.
Conclusion:
The two parcels of City lands are surplus to the City's need. The consolidation of these lands with the development at 157
Dawes Road will optimize the land use and facilitate better access to the proposed townhouse development.
Contact Name:
Neubert Li, Real Estate Administrator, (416) 396-7422, Fax No. (416) 396-4241,
E-mail Address: li@city.scarborough.on.ca.
(A copy of Schedule "A" attached to the foregoing report was forwarded to all Members of Council with the April 19, 1999,
agenda of the Corporate Services Committee, and a copy thereof is also on file in the office of the City Clerk.)
13
Sale of Surplus Land at 11 August Avenue
South of Danforth Avenue and East of Victoria
Park Avenue (Ward 13 - Scarborough Bluffs)
(City Council on May 11 and 12, 1999, adopted this Clause, without amendment.)
The Corporate Services Committee recommends the adoption of the following report (April 6, 1999) from the
Commissioner of Corporate Services:
Purpose:
To seek Council's approval to accept an offer from Mr. Gaspare Messina to purchase the surplus lands at 11 August
Avenue.
Funding:
Revenue in the amount of $75,000.00, less broker's commission of $3,000.00 plus GST and any expenses incurred by the
City incidental to the closing of the transaction.
Recommendations:
It is recommended that:
(1) Council waive the obligations, pursuant to Section 42 of the Expropriations Act, to offer the owner or owners from
whom the property was expropriated, the first chance to repurchase the lands on the terms of the best offer received;
(2) the Commissioner of Corporate Services or the Executive Director of Facilities and Real Estate be authorized to accept
the offer from Mr. Gaspare Messina to purchase the vacant land located at 11 August Avenue and described as Lot 24,
Registered Plan 1936;
(3) the City Solicitor be authorized to complete this transaction according to the terms and conditions of the Agreement of
Purchase and Sale; and
(4) the appropriate City officials be authorized and directed to take necessary action to give effect thereto.
History:
With the adoption of Clause No. 5 of Report No. 28 of The Corporate Administration Committee, the former Metropolitan
Council, on November 8, 1995, authorized staff to offer four parcels of surplus lands at the lower end of the market value
range, to Metropolitan Toronto Habitat for Humanity Inc. The four parcels are delineated in heavy black lines on Schedule
"A" attached and are in the Oakridge Community which is predominantly a low to medium density residential
neighbourhood with commercial/retail activities along Danforth Avenue.
Metropolitan Toronto Habitat for Humanity Inc. (MTHFH) is a charitable non-profit volunteer organization building homes
around the world in partnership with badly housed families. MTHFH accepts no government money, but it does accept
donated land, donated services and donated development fees.
Comments:
Negotiations between staff and Mr. Nicholas Volk, Chair of the Board of Directors of MTHFH have been ongoing since
March 1996. Based on internal appraisal reports, an offer to sell three of the four properties was made to MTHFH on
September 16, 1998, subject to Council approval. The remaining property was not offered as it is not zoned for residential
use. Initially MTHFH indicated interest in purchasing two of the properties (27 Lucy and 11 August Avenue) but then
withdrew from negotiations in February 1999 advising that they had "decided to target larger pieces of properties in order to
build more than one home at a time".
The property at 11 August Avenue was listed on the Toronto Real Estate Board's Multiple Listing Service with Re-Max
Goldenway Realty Inc. at an asking price of $79,900.00 on March 3, 1999. While there were twelve inquires about the site,
only one offer, that from Mr. Gaspare Messina to purchase the property was received on March 18, 1999 with the following
terms and conditions:
Property Address: 11 August Avenue.
Legal Description: Lot 24, Registered Plan 1936, City of Toronto (formerly City of Scarborough).
Approximate Lot Size: 7.62 metres (25 feet) fronting onto August Avenue,
32.62 metres (107 feet) depth.
Location: East side of August Avenue, south of Danforth Avenue,
east of Victoria Park Avenue.
Improvements: None.
Occupancy Status: Vacant.
Recommended Sale Price: $75,000.00.
Deposit: $7,500.00 (held by the listing agent in trust pending completion of the transaction).
Purchaser: Gaspare Messina.
Closing Date: June 18, 1999.
Terms: Cash on closing, subject to the usual adjustments.
Listing Broker: Re/Max Goldenway Realty Inc.
Selling Broker: Sutton Group Fox Realty Inc.
Commission: Four (4) per cent, plus G.S.T., payable on closing of the transaction.
Conclusion:
Completion of this transaction as detailed above is considered fair and reasonable and reflective of market value.
Contact Name:
Neubert Li, Real Estate Administrator, (416) 396-7422, Fax No. (416) 396-4241,
E-mail Address: li@city.scarborough.on.ca.
(A copy of the maps attached to the foregoing report was forwarded to all Members of Council with the April 19, 1999,
agenda of the Corporate Services Committee, and a copy thereof is also on file in the office of the City Clerk.)
14
Acquisition for Public Lane Purposes, of
the Private Lane Extending Easterly from
Berkeley Street, Behind Premises Nos. 319 to
333 Queen Street East (Ward 25 - Don River)
(City Council on May 11 and 12, 1999, adopted this Clause, without amendment.)
The Corporate Services Committee recommends the adoption of the following report (March 15, 1999) from the
General Manager, Transportation Services Division:
Purpose:
To acquire the necessary lands for the establishment of a public lane at the above noted location, in response to a request
from the affected residents.
Funding Sources, Financial Implications and Impact Statement:
Funds in connection with the acquisition of the private lane at this location, in an amount to be recommended by the
Commissioner of Corporate Services, are accommodated in Capital Account No. 296-601.
Recommendations:
It is recommended that Council:
(1) authorize an application for the expropriation of all rights, title and interests, for public lane purposes, of certain lands
described as follows:
Schedule "A"
In the City of Toronto and Province of Ontario, being composed of parts of Lots 32 and 33 on Plan 7-A designated as
PARTS 1 and 2 on Plan 64R-16009, both said Plans being in the Land Registry Office for the Metropolitan Toronto
Registry Division (No. 64).
The easterly limit of Berkeley Street as confirmed under the Boundaries Act by Plan BA-1749(CT417089).;
(2) authorize the service and publication of the Notice of such application required by the Expropriations Act;
(3) authorize the appropriate Officials to forward to the Chief Inquiry Officer, pursuant to the said Act, any requests for
hearings that are received;
(4) authorize the Commissioner of Corporate Services to obtain any appraisal reports required to comply with The
Expropriations Act;
(5) direct the appropriate officials to report further to City Council as the occasion may require;
(6) authorize a by-law to lay out the lands to form the new lane as described in Schedule "A" hereinabove, and thereafter
dedicate the lands for public lane purposes; and
(7) authorize the appropriate officials to take whatever action is necessary to give effect thereto, including the introduction
in City Council of any bills that might be necessary.
Comments:
At the request of the area property owners, the possibility of establishing a public lane at the above noted location has been
investigated by staff. The lane is shown as Parts 1, 2 and 3 on Plan 64R-16009, a print of which has been deposited with the
City Clerk.
In order to establish a public lane at this location, it will be necessary to:
(a) acquire the residue lands with ownership dating back to the nineteenth century, identified as Part 1 on Plan 64R-16009;
(b) acquire Part 2 on Plan 64R-16009, from the appropriate owners; and
(c) extinguish all of the interests and rights-of-way over the lands referred to in Items (a) and (b) above.
Part 3 on Plan 64R-16009, forms part of an adjoining building wall and is excluded from the acquisition.
The majority of the affected property owners are willing to convey their interests in the private lane to the City. However,
given that a major portion of the lane is composed of residue lands, procedurally, the most expeditious way to acquire free
and clear title to all the required lands is by expropriation.
This undertaking is pre-approved in accordance with Schedule "A" of the Class Environmental Assessment for Municipal
Road Projects.
Contact Name and Telephone Number:
Andrew Koropeski, Director
Transportation Services District 1
392-7711.
15
Acquisition for Public Lane Purposes, of the Private
Lane East of Parkside Drive, Extending Northerly
from Rideout Street (Ward 19 - High Park)
(City Council on May 11 and 12, 1999, adopted this Clause, without amendment.)
The Corporate Services Committee recommends the adoption of the following report (March 15, 1999) from the
General Manager, Transportation Services Division:
Purpose:
To acquire the necessary lands for the establishment of a public lane at the above noted location, in response to a request
from the affected residents.
Funding Sources, Financial Implications and Impact Statement:
Funds in connection with the acquisition of the private lane at this location, in an amount to be recommended by the
Commissioner of Corporate Services, are accommodated in Capital Account No. 296-601.
Recommendations:
It is recommended that Council:
(1) authorize an application for the expropriation of all rights, title and interests, for public lane purposes, of certain lands
described as follows:
Schedule "A"
In the City of Toronto and Province of Ontario, being composed of parts of Lots 64 and 65 according to Plan 1226 and part
of Lot A according to Plan 1255, designated as PARTS 3, 4, 5, 6, 7, 8, 10, 11, 12, 13 and 15 on Plan of survey 64R-16001,
all the said Plans being in the Land Registry Office for the Metropolitan Toronto Registry Division (No. 64).;
(2) authorize the service and publication of the Notice of such application required by the Expropriations Act;
(3) authorize the appropriate officials to forward to the Chief Inquiry Officer, pursuant to the said Act, any requests for
hearings that are received;
(4) authorize the Commissioner of Corporate Services to obtain any appraisal reports required to comply with The
Expropriations Act;
(5) direct the appropriate officials to report further to City Council as the occasion may require;
(6) authorize a by-law to lay out the lands to form the new lane as described in Schedule "A" above, and thereafter dedicate
the lands for public lane purposes; and
(7) authorize the appropriate Officials to take whatever action is necessary to give effect thereto, including the introduction
in Council of any bills that might be necessary.
Comments:
At the request of the area property owners, staff have investigated the acquisition for public lane purposes of the above
noted private lane, shown as Parts 1 to 8, inclusive, and 10 to 17, inclusive, on Plan 64R-16001, a print of which has been
deposited with the City Clerk.
The assumption of the private lane by the City will involve:
(a) The acquisition of the residue lands with ownership dating back as far as 1909 identified as Parts 5, 6, 7, 8 and 15 on
Plan 64R-16001;
(b) The acquisition of Parts 3, 4, 10, 11, 12 and 13 on Plan 64R-16001, from the appropriate owners; and
(c) The extinguishment of all interests and rights-of-way applicable to the lands referred to in Items (a) and (b) above.
Parts 1, 2, 14 and 17 on Plan 64R-16001, are encumbered by structures and are excluded from the acquisition. The narrow
strip identified as Part 16 on Plan 64R-16001 is not required by the City and is also excluded from the acquisition. The
parcel shown as Part 9, on Plan 64R-16001 already has a public lane status and does not form part of this report.
Notwithstanding that the majority of property owners with interests in the private lane are willing to convey their interests
to the City, procedurally, the most expeditious way to acquire all the lands is by expropriation.
This undertaking is pre-approved in accordance with Schedule "A" of the Class Environmental Assessment for Municipal
Road Projects.
Councillors Chris Korwin-Kuczynski and David Miller have been advised of the foregoing initiative.
Contact Name and Telephone Number:
Andrew Koropeski, Director
Transportation Services District 1
392-7711.
16
Palace Restaurant - Encroachment
Agreement for 716 Pape Avenue
(City Council on May 11 and 12, 1999, adopted this Clause, without amendment.)
The Corporate Services Committee recommends the adoption of the following report (April 5, 1999) from the
President, Toronto Parking Authority:
Purpose:
To allow 521362 Ontario Limited (the Palace Restaurant) to construct and operate a patio on Authority lands.
Funding Sources, Financial Implications and Impact Statement:
No funding is required by the Toronto Parking Authority or the City of Toronto. The Parking Authority will earn a net profit
of $90,000.00 for the first ten year period.
Recommendations:
It is recommended that:
(1) the Parking Authority be authorized to enter into an encroachment agreement with the Palace Restaurant to permit an
encroachment upon the subject lands for the purpose of extending a second floor patio of the Palace Restaurant;
(2) the encroachment agreement be in a form acceptable to the City Solicitor;
(3) the appropriate City officials be authorized to take the necessary action to give effect thereto.
Council Reference/Background History:
The Toronto Parking Authority operates a municipal car park at Pape and Danforth Avenues (Carpark -17) immediately
adjacent to the Palace Restaurant.
In 1992 the Parking Authority of Toronto and the City of Toronto granted the Palace restaurant an encroachment agreement
that allowed for a patio extending over carpark 17. A report from the Toronto Parking Authority was submitted to Council
and it was approved without amendment at its meeting of February 24, 1992. This allowed the owner of the Palace
Restaurant to construct a deck over the northeast portion of the Parking facility. Due to economic reasons the owner did not
commence the work. As the economy has improved over the last few years, the owner has asked that this project be
resurrected according to the format of the previous agreement.
Summary of Proposed Agreement:
The terms of the revised encroachment agreement would be as follows:
(1) the term of the agreement will be for a period of 10 years, with two successive options to extend the term for a period of
five years each. Upon exercise of the option by Palace Restaurant, the Board of Directors of the Authority will consider the
granting of such extension. The annual fee shall in no event be less than the annual fee that was paid in the previous term;
(2) Palace Restaurant will pay a fee of $8,400.00 in the first five years, and $9,600.00 in the second five-year period. The
fee shall be payable on a monthly basis in advance in 12 equal monthly installments per year. Palace Restaurant will be
responsible for all costs related to the encroachment inclusive of realty taxes, hydro etc.;
(3) Palace Restaurant will be required to provide a security deposit of $2,000.00 for the duration of the term without interest
accruing;
(4) Palace Restaurant will indemnify both the Toronto Parking Authority and the City of Toronto for any loss they may
incur in relation to the patio or its operation, and further that the licensee will take out liability insurance of not less than $5
million per occurrence. The licensee will also indemnify the T.P.A. for any damage to the lot, or contents contained thereon;
(5) the patio will be constructed in a manner so as to not affect the availability of any parking space in the lot;
(6) this agreement cannot be assigned by the licensee unless in conjunction with an assignment or sale of the ownership of
the business now known as the Palace Restaurant;
(7) the Toronto Parking Authority shall have the right to terminate this agreement under the following circumstances:
(i) if it determines that the encroachment in any way negatively affects the Parking operation;
(ii) if the Palace Restaurant violates any provision of the agreement; and
(iii) in the event the T.P.A. wishes to sell or redevelop the parking lot or the City requires the lands for municipal purposes.
(8) the Palace Restaurant will be required to return, upon termination of this agreement, the T.P.A. lands to their original
condition. As a security for the removal of the encroachments, the Palace Restaurant shall provide a letter of credit in a form
satisfactory to the Authority and in an amount sufficient to restore the lands to their original condition. The amount of the
letter of credit will be adjusted annually on its renewal date in accordance with annual increases in the Southam
Construction index for Toronto;
(9) during construction the Palace Restaurant will compensate the Parking Authority for any lost revenue experienced due
to parking spaces being closed or obstructed; and
(10) the Parking Authority will not incur any costs, present or future, in relation to the patio.
Conclusions:
The Toronto Parking Authority will realize $90,000.00 in lease payments for the first ten year period. It is felt that the deck,
which will overhang the Parking facility, will not impact the parking operations or the parking revenues in any substantial
way. The addition of a patio at the Palace Restaurant may increase the restaurant's summer business and therefore it may
increase business of the car park. The Toronto Parking Authority at this time and in the foreseeable future has no plans to
develop this property hence staff recommend that the Toronto Parking Authority enter into this agreement.
Contact Names:
Maurice J. Anderson, President
Telephone: (416) 393-7276
Facsimile: (416) 393-7352
Lorne Persiko
Director, Real Estate and Development
Telephone: (416) 393-7294
Facsimile: (416) 393-7352.
17
Conveyance of a Permanent Storm and Sanitary Sewer
Easement Over City Lands at Ellesmere Road and
Kennedy Road (Ward 15 - Scarborough City Centre)
(City Council on May 11 and 12, 1999, adopted this Clause, without amendment.)
The Corporate Services Committee recommends the adoption of the following report (April 12, 1999) from the
Commissioner of Corporate Services:
Purpose:
To authorize the conveyance of a permanent easement to IDMD Manufacturing Inc. ("IDMD") over City lands, for the
purpose of installing storm and sanitary sewer connections for their plant expansion.
Funding Sources, Financial Implications and Impact Statement:
IDMD will pay the City $2,500.00 to cover the cost of document preparation and registration.
Recommendations:
It is recommended that:
(1) Council grant a permanent easement over Part lot 14, Plan 9953 and shown as Parts 1 and 2 on attached sketch plan to
IDMD Manufacturing Inc., 931530 Ontario Ltd., and 826599 Ontario Ltd. in accordance with the terms and conditions
detailed herein or such other terms as may be acceptable to the Commissioners of Corporate Services and Works and
Emergency Services;
(2) the City Solicitor be authorized and directed to take the appropriate action to complete the transaction on behalf of the
Corporation;
(3) the City and/or its successor and assigns retain the right to connect to the sewers within the easement; and
(4) the appropriate City officials be authorized and directed to take the necessary action to give effect thereto.
Council Reference/Background/History:
The subject lands, located on the north side of Ellesmere Road just east of Kennedy Road were acquired for, and in
connection with, the Ellesmere/CNR Grade Separation Project, from Sextet Investments Limited and Cheeseworth's
Limited, on October 17, 1978. The remnant lands have since been declared surplus. The property is currently listed for sale
by CB Richard Ellis on the Toronto Real Estate Board MLS service.
The owners of an adjoining property to the north at 45 Progress Avenue submitted a development application to expand an
existing industrial complex adding 50,000 square feet of industrial building. In reviewing the development application,
Works and Emergency Services staff determined that the proposed addition could only be serviced by extending storm and
sanitary services north from Ellesmere through the City-owned property. Initially IDMD inquired about purchasing the City
land and upon learning of the sale process, decided it more expedient to immediately proceed with their planned expansion.
Their interest in purchasing remains.
The consultant responsible for overseeing the IDMD development application was made aware of the servicing
requirements by Works and Emergency Services staff. A request for an easement was made in December 1998. The
location of the proposed easement was established by Works and Emergency Services staff. While waiting for a formal
response to their request for an easement IDMD applied for and received a foundation permit for their proposed addition. In
constructing the foundation, the contractor also installed the sewers across the City property without approval. It is noted
that the contractor has oversized the sewers at the City's request in order that the City land can also be serviced through
these sewers. A permit to connect the sewers into the municipal system is being withheld pending resolution of the
easement across the City property.
Comments and/or Discussion and/or Justification:
The drainage patterns as established by the former City of Scarborough require that the rear of 45 Progress Avenue can only
be serviced by crossing the City-owned lands and connecting to the sewers on Ellesmere Road.
Staff are recommending that the City grant IDMD a permanent easement for their sanitary and storm sewer connection in
exchange for the oversizing of the sewers to handle the servicing of the City land and provision for a connection within the
easement to service the City property. IDMD has also agreed to pay $2,500.00 for the cost of the easement documentation
and registration and have provided the necessary reference plan.
Conclusion:
The location of the services was approved by Works and Emergency Services staff and a service connection across the
municipally-owned property is the only way to service the rear portion of the industrial property at 45 Progress Avenue. The
presence of storm and sanitary sewers and a ready connection to service the City's lands is beneficial to the City.
It is therefore recommended that the City grant IDMD Manufacturing Inc. a permanent easement for storm and sanitary
sewers across the City-owned lands described as Parts 1 and 2 on the draft plan attached, in exchange for the sum of
$2,500.00 and the right for the City or its successors in title to connect to the sewers within the easement without further
cost.
Contact Name:
Mr. R. Mayr, AACI, Director, Real Estate Services,
(416)396-4930, Fax No.: (416)396-4241,
E-Mail Address: mayr@city.scarborough.on.ca.
The Corporate Services Committee submits the following communication (April 15, 1999) from Councillor Lorenzo
Berardinetti, Scarborough City Centre:
I am writing with regard to Item No. 26, Conveyance of a Permanent Storm and Sanitary Easement Over City Lands at
Ellesmere Road and Kennedy Road, which will be before Corporate Services Committee on April 19, 1999.
As the Councillor for the area, I have been working with IDMD, Economic Development and Works staff for several
months, to assist IDMD with an expansion which will not only provide the City with increased revenue, but also provide
hundreds of new jobs.
Recently, officials from IDMD have expressed some concern regarding the slow pace with respect to the conveyance of the
permanent easement adjacent to their property. Although IDMD has undertaken to construct the necessary sewer
connections across city property prior to receiving the conveyance, it should be noted that they have cooperated with the
City's request to install oversize sewers in order that the City can also be served through these sewers.
As noted in the report before Committee, the location of the services was approved by Works and Emergency Services staff,
and the presence of storm and sanitary sewers and a connection to service the City's lands is beneficial to the City of
Toronto.
I urge the Members of the Committee to adopt the staff recommendations, and strongly support IDMD's request for this
conveyance.
(A copy of the maps attached to the foregoing report was forwarded to all Members of Council with the April 19, 1999,
agenda of the Corporate Services Committee, and a copy thereof is also on file in the office of the City Clerk.)
18
Expropriation of Two Properties for
the Port Union Village Common
(Ward 16 - Scarborough Highland Creek)
(City Council on May 11 and 12, 1999, adopted this Clause, without amendment.)
The Corporate Services Committee recommends the adoption of the following report (April 12, 1999) from the
Commissioner of Corporate Services:
Purpose:
To authorize the expropriation of two properties required for the development of the Port Union Village Common.
Funding:
Funding for the Village Common property acquisition is available in account 7945-10-capital exp-1999-60083-P2
(Economic Development, Parks, Culture and Tourism).
Recommendation:
It is recommended that:
(1) authority be granted to initiate the expropriation process for the property interest detailed herein;
(2) authority be granted to serve and publish Notices of Applications for Approval to Expropriate said property interests, to
forward to the Chief Inquiry Officer any requests for hearings that are received and to report the Inquiry Officer's
recommendations to Council for its consideration; and
(3) the appropriate City officials be authorized and directed to take the necessary action to give effect hereto.
Background:
On March 7, 1995, the Ontario Municipal Board approved the Port Union Village Secondary Plan for lands located south of
Lawrence Avenue on both sides of Port Union Road in the former City of Scarborough. A Village Common straddling Port
Union Road and extending south of Lawrence Avenue to the CNR tracks was identified in the Plan as a significant public
land component. Also identified in the Secondary Plan is an Open Space connection between the Village Common and the
Rouge Hill GO Station, adjacent to the CNR rail line.
Property acquisition for the Village Common included the "Laskey Hotel" property, on the east side of Port Union Road,
just north of the C.N.R. tracks. It was acquired in October of 1997, and in December of 1998, a 1.11 ha (2.75 acre) strip
extending from the Port Union GO Station to Port Union Road, was purchased from the Canada Lands Company.
Part of the former Johns Manville property on the west side of Port Union Road is also required for the Village Common.
Negotiations are currently ongoing for the acquisition of these lands.
Comments:
In addition to the Johns Manville property on the west side of Port Union road, two small parcels on the east side of the
road are critical to complete the property acquisition for the Village Common.
These are owned by Vincenzo Polera et al., and Manville Canada Inc. Combined, the two properties form a
triangular-shaped parcel of land with 67.47 metres (221 feet) of frontage on the east side of Port Union Road, and a total
area of 1895.9 square metres (.937 acres). There are no fences separating the properties and both are occupied by the
Poleras, and used in conjunction with their construction business.
The original subdivision of this part of the City took place in the 1850's, and there have been numerous boundary disputes
in this vicinity in the past. The subject Manville Canada property was purchased in 1947 and is described by deed as having
the irregular shape shown as Parts 1, 3 and 4 on the attached sketch. The Polera property was purchased in 1977 and is
described by deed as having the irregular shape shown as Part 2 on the attached sketch. The Poleras claim to have
constructed the three industrial buildings, which straddle the boundary between the Manville and Polera property. The
buildings appear to have been constructed at various times over the past thirty years and continue to be used by the Poleras.
Old survey records dating back fifty years or more indicate that a fence once separated Parts 1 and 4 from Parts 2 and 3.
However it would appear that the Poleras have occupied both properties for quite some time, perhaps sufficiently to gain
title through adverse possession.
In addition to the boundary problems, Johns Manville has been insistent during negotiations that the City also acquire a
24.16 acre asbestos landfill site owned and maintained by it and located approximately two kilometres to the west. Works
and Emergency Services staff have advised that the landfill site is considered by the MOEE to be an "open landfill" and
must be routinely inspected to ensure that erosion has not exposed any of the buried asbestos. Long term maintenance and
liability associated with ownership of such a facility precludes any recommendation that the facility be acquired. As such
negotiations with Johns Manville have stalled.
Negotiations with the Poleras initially focussed on relocating their construction facility, however, a suitable City-owned
property was not found. This, coupled with the insistence that the City acquire the landfill site and the disputed property
boundary, has led to the conclusion that it is impossible to effectively negotiate the acquisition of either, and expropriation
is therefore recommended.
Conclusion:
The Village Common concept was the product of a lengthy planning process for this community. Acquisition of the
required lands would be another step in the creation of same. While it might ultimately be possible to convince Johns
Manville that the City will not acquire the landfill, it is not possible to proceed with negotiations until the parties resolve
who owns the various parcels where the existing buildings are located. As the parties involved appear to be entirely
unmotivated to resolve the matter themselves, expropriation is a solution in which the City can acquire the necessary title.
Contact Name:
Roly Mayr, 396-4930, Fax No. 396-4241, mayr@city.scarborough.on.ca.
19
Other Items Considered by the Committee
(City Council on May 11 and 12, 1999, received this Clause, for information.)
(a) "Drove-Away" Parking Tags.
The Corporate Services Committee reports having endorsed the Recommendations embodied in the following
report:
(April 6, 1999) from the Chief Financial Officer and Treasurer updating the Committee with respect to the action taken
pertaining to a recommendation contained in the Auditor's review of Parking Tag Operations concerning an alternative
means of serving parking tags to "drove-away" vehicles; advising that an increase in parking tag revenue of up to
$1.1 million, less expenses, could be realized if an alternative method of service of parking infraction notices to persons
who "drove away" were established that would be acceptable to the Courts and the judiciary; and recommending that:
(1) the Chief Financial Officer and Treasurer, in consultation with the City Solicitor and the Parking Enforcement Unit of
the Toronto Police Service, report back to the Corporate Services Committee with recommendations pertaining to the
implementation of a pilot project which would provide for an alternative method of service of "drove-away" parking tags;
and
(2) the appropriate City officials be authorized and directed to take the necessary action to give effect thereto.
(b) Property Acquisition Request from L.A.C.A.C. W. J. Morrish Store, North-West Corner of Meadowvale Road
and Kingston Road (Ward 16 - Scarborough Highland Creek).
The Corporate Services Committee reports having requested the Commissioner of Corporate Services to submit a
complete confidential report, with options, to the May 20, 1999, meeting of the Corporate Services Committee
respecting the acquisition of the W. J. Morrish Store.
(March 2, 1999) from the City Clerk advising that the Scarborough Community Council, on February 17, 1999, referred the
request by the Scarborough Local Architectural Conservation Advisory Committee (L.A.C.A.C.) embodied in the
communication (November 10, 1998) from Mr. Rick Schofield, Chairman of the Local Architectural Conservation
Advisory Committee, to the Corporate Services Committee for its consideration; and requested that the Commissioner of
Corporate Services be directed to submit a further report thereon to the Committee.
--------
The following persons appeared before the Corporate Services Committee in connection with the foregoing matter:
- Mr. Rich Schofield, Chairman, Scarborough L.A.C.A.C.;
- Mr. Bill Dempsey; and
- Councillor Ron Moeser, Scarborough Highland Creek.
(c) Ontario Hydro Corridor Lands South of Highway No. 401 (Ward 14 - Scarborough Wexford and Ward 15 -
Scarborough City Centre).
The Corporate Services Committee recommended to the Budget Committee and Council that:
(1) the additional lands required to increase the developers .3 acres to one full acre be purchased by the City from
the developer, to be funded from the Beare Road Trust Fund; and
(2) consideration be given to fund portions of the Category 2 and 3 lands north of Highway No. 401 in the three
existing communities of Wishing Well and North and South Bridlewood; and that this be funded on a proportional
basis from the Beare Road Trust Fund.
(i) (March 22, 1999) from the Commissioner of Corporate Services responding to Council's directive to report on the
potential cost of the acquisition of priority 1, 2 and 3 lands as identified in "Stormwater Management, Naturalization and
Open Space Opportunities Report" prepared by XCG Consultants Ltd., and recommending that the Corporate Services
Committee provide direction to staff on this matter; and
(ii) Communications from the following persons addressed to Councillor Norm Kelly, Scarborough Wexford, expressing
their opposition to the purchase of the subject lands:
(a) (February 8, 1999) from Mr. Phil Egginton, President, South Bridlewood Community Association;
(b) (February 12, 1999) from Ms. Sheryle Saunders, President, North Bridlewood Residents Association;
(c) (February 15, 1999) from Mr. Robert Brown, President, Wishing Well Acres Community Association; and
(d) (February 23, 1999) from Mr. Robert Brown, President, Wishing Well Acres Community Association.
--------
Councillor Michael Tzekas, Scarborough Wexford, appeared before the Corporate Services Committee in connection with
the foregoing matter.
(d) Feasibility of Contracting Custodial and Maintenance Services for All Toronto Police Facilities.
The Corporate Services Committee reports having:
(1) endorsed the Recommendations embodied in the report (February 11, 1999) from the Chairman, Toronto Police
Services Board, and in so doing, requested the Chief Administrative Officer, City of Toronto, to explore the
feasibility of contracting out custodial and maintenance services for all police facilities in the context of short and
long-term cost-savings; and forwarded the aforementioned report to the Chief Administrative Officer for
consideration; and
(2) requested the Toronto Police Services Board to work with the Unions involved to determine how much time is
being lost in absenteeism and what will be done to correct this:
(i) (March 23, 1999) from the City Clerk, advising that the Emergency and Protective Services Committee on March 23,
1999, during its consideration of a communication (February 11, 1999) from the Chairman, Toronto Police Services Board,
wherein it is recommended that the Emergency and Protective Services Committee:
(1) approve the Toronto Police Services Board's request that the Chief Administrative Officer, City of Toronto, explore the
feasibility of contracting out custodial and maintenance services for all police facilities in the context of short and long-term
cost-savings; and
(2) forward the report to the Chief Administrative Officer for consideration;
referred the aforementioned communications to the Corporate Services Committee, with a request that the Committee hear
deputations from the Canadian Union of Public Employees, Local 79, and the Toronto Civic Employees' Union, CUPE,
Local 416, and further that the Unions be advised when this matter is to be considered by the Corporate Services
Committee.
(ii) communications respecting the contracting out of custodial and maintenance services for all police facilities:
(i) (April 19, 1999) from Ms. Anne Dubas, President, Canadian Union of Public Employees, Local 79;
(ii) (April 16, 1999) from Mr. Brian Cochrane, President, Toronto Civic Employees Union, CUPE Local 416; and
(iii) (April 12, 1999) from the Toronto Civic Employees' Union, CUPE Local 416.
--------
The following persons appeared before the Corporate Services Committee in connection with the foregoing matter:
- Mr. Denis Casey, First Vice-President, CUPE Local 79; and
- Mr. Peter Leiss, Executive Vice President, CUPE Local 416.
(e) Sale of Surplus Spadina Project Property at 205 Ava Road (Ward 28 - York Eglinton).
The Corporate Services Committee reports having:
(1) deferred consideration of the following reports and communication until its meeting scheduled to be held on
May 20, 1999, having regard that the deputants were unable to attend this meeting of the Committee due to the TTC
strike; and
(2) requested the Commissioner of Corporate Services to submit a further report to the Committee on May 20,
1999, with regard to the structural damage on the inside of this property.
(i) (April 6, 1999) from the Commissioner of Corporate Services recommending that:
(1) the offer to purchase the property at 205 Ava Road submitted by Ms. Francine-Deena Cooper in the amount of
$300,000.00, not be accepted;
(2) authority be granted for either of the Commissioner of Corporate Services or the Executive Director of Facilities and
Real Estate to sign back and submit a counter-offer to Ms. Cooper at a sale price of $330,000.00, which counter-offer shall
be irrevocable by the City until May 21, 1999 but otherwise on the same terms and conditions as the offer made by Ms.
Cooper save and except that the condition related to obtaining financing shall be struck out;
(3) if Ms. Cooper accepts the City's counter-offer, then it is further recommended that:
(a) the requirement embodied in Clause No. 14 of Report No. 27 of the former Metropolitan Management Committee
adopted on September 28, 1994 regarding the minimum required deposit of 10 per cent of the purchase price, be waived;
(b) authority be granted to direct a portion of the sale proceeds on closing to fund the outstanding balance of Costing Unit
No. OCA700CA2470;
(c) the City Solicitor be authorized and directed to take the appropriate action, in conjunction with Province of Ontario
Officials and/or agents, to complete the transaction and he be further authorized to amend the closing date to such earlier or
later date as he considers reasonable;
(3) in the event Ms. Cooper does not accept the City's counter-offer, the property be listed for sale through the T.R.E.B.
Multiple Listing Service subject to the existing tenancy; and
(4) the appropriate City officials be authorized and directed to take the necessary action to give effect thereto;
(ii) (March 26, 1999) from Mr. Bram M. Zinman, Barristers and Solicitors, Kronis, Rotsztain, Margles, Cappel and Gertler,
requesting an opportunity to appear before the Corporate Services Committee respecting the property located at 205 Ava
Road, Toronto; and
(iii) (April 16, 1999) from the Commissioner of Corporate Services recommending that:
(1) the report from Commissioner of Corporate Services dated April 6, 1999 entitled "Sale of Surplus Spadina Project
Property at 205 Ava Road (Ward 28 - York Eglinton)" be amended by deleting recommendation (2) set out therein and
substituting therefor the following:
"(2) authority be granted for either of the Commissioner of Corporate Services or the Executive Director of Facilities and
Real Estate to sign back and submit a counter-offer to Ms. Cooper at a sale price of $330,000.00, which counter-offer shall
be irrevocable by the City until May 21, 1999 but otherwise on the same terms and conditions as the offer made by Ms.
Cooper, save and except that:
(a) the condition related to financing shall be struck out; and
(b) a condition be included that Ms. Cooper provide on or before May 28, 1999 an acknowledgment, agreement and release
(in a form satisfactory to and provided by the City Solicitor), recognizing that the City is entitled to restore the fence at the
rear of the property to its proper lot line as shown as Part 3 on Plan 64R-15564, and quitting claim as of the closing date to
any right, title or interest she may have in any lands adjoining or adjacent to Part 3 on Plan 64R-15564."; and
(2) the appropriate City officials be authorized and directed to take the necessary action to give effect thereto.
(f) Metropolitan Toronto Police Benefit Fund - Amendments to the Pension Plan.
The Corporate Services Committee reports having:
(a) referred the following communication to the Chief Financial Officer and Treasurer for report thereon to the
meeting of the Corporate Services Committee scheduled to be held on May 20, 1999; and
(b) requested the Chief Financial Officer and Treasurer to submit a report to the aforementioned meeting of the
Committee as to whether same sex spousal benefits are included in the definition of spouse:
(March 12, 1999) from the Board Secretary, Metropolitan Toronto Police Benefit Fund and Pension Plan, advising that the
Board of Trustees of the Metropolitan Toronto Police Benefit Fund on February 26, 1999, recommended to the Corporate
Services Committee that:
(1) the plan should be converted to a non-contributory plan subject to annual review, effective January 1, 1999;
(2) the basic percentage for spousal survivor pensions be increased to 66 2/3 percent from 60 percent for all active
members, effective July 1, 1998; and
(3) the authority be granted for the introduction in Council of the necessary Bills to give effect to Recommendation No. (1).
(g) Metropolitan Toronto Police Benefit Fund Respecting By-law No. 181-81 (Metropolitan Corporation), Section 24
Refund, Proposed Widening of Entitlement.
The Corporate Services Committee reports having referred the following communication to the Chief Financial
Officer and Treasurer for report thereon to the meeting of the Corporate Services Committee scheduled to be held
on May 20, 1999:
(March 12, 1999) from the Board Secretary, Metropolitan Toronto Police Benefit Fund and Pension Plan, advising that the
Board of Trustees of the Metropolitan Toronto Police Benefit Fund had before it a report dated February 13, 1998 from the
City Solicitor, respecting By-law No. 181-81 (Metropolitan Corporation), Section 24 Refund, Proposed Widening of
Entitlement; and recommending that this report be received for information; and that the Board of Trustees:
(A) recommended to the Corporate Services Committee that it:
(1) amend Section 24 of By-law No. 181-81 (Metropolitan Corporation) to allow the payment as described in subclause
(b)(i) thereof to all currently retired members who at the time of retirement had 30 years of service and were at least 50
years of age, without the requirement to receive an actuarial reduced pension under section 19; and
(2) grant the authority for the introduction in Council of the necessary Bills to give effect to Recommendation No. (1); and
(B) requested the City Solicitor to draft the appropriate amending by-law respecting Recommendation No. (1), and submit
such draft by-law directly to Corporate Services Committee for consideration with this matter.
(h) Utilization of Surplus Office Space in Former Civic Centres and Other City Buildings for Police Interview
Purposes.
The Corporate Services Committee reports having endorsed the Recommendation embodied in the report (April 12,
1999) from the Commissioner of Corporate Services wherein it is recommended that the motion by Councillor
Frances Nunziata be referred to staff for consideration in context with the overall accommodation strategy:
(i) (March 25 and 26, 1999) from Councillor Frances Nunziata, York Humber, forwarding the following Notice of Motion
moved by Councillor Frances Nunziata, seconded by Councillor Joe Mihevc, regarding the foregoing matter:
"Whereas the victims of sexual assault are left traumatized by this event;
And Whereas the victims of sexual assault are interviewed about the assault in police stations, which for many of these
women or children and the police officers themselves, is not the best environment for conducting interviews and obtaining
statements;
And Whereas the harmonization of services across the City has resulted and continues to yield surplus office space in the
former Civic Centres and other City buildings;
Therefore Be It Resolved That the City of Toronto Council authorize the commencement of discussions with the Toronto
Police Services Board on the possibility of allowing the Toronto Police Service to utilize this vacant space for the
interviewing and obtaining of statements from the victims of sexual assault.";
(ii) (April 15, 1999) from Councillor Frances Nunziata, York Humber, requesting an opportunity to appear before the
Corporate Services Committee and to show members of the Committee a video respecting the foregoing Notice of Motion;
and
(iii) (April 12, 1999) from the Commissioner of Corporate Services respecting the motion by Councillor Frances Nunziata,
regarding the utilization of office space in the former Civic Centres and other City buildings for police interview purposes;
and recommending that the aforementioned motion be referred to staff for consideration in context with the overall
accommodation strategy.
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The Corporate Services Committee reports, for the information of Council, having viewed an educational video respecting
the foregoing matter.
The following Members of Council appeared before the Corporate Services Committee in connection with the foregoing
matter:
- Councillor Frances Nunziata, York Humber; and
- Councillor Ron Moeser, Chair, Office Consolidation Sub-Committee.
(i) City of Toronto 1998 Investment Report.
The Corporate Services Committee reports having received the following report:
(April 8, 1999) from the Chief Financial Officer and Treasurer summarizing the City's 1998 investment results and
outlining investment practices being used and recommending that this report be received for information.
(j) Phase I Renovations to Toronto City Hall -
Recommended Actions in Response to Office Consolidation
Sub-Committee Motions and Additional Budget Requirements.
The Corporate Services Committee reports having:
(A) recommended to the Budget Committee and Council, the adoption of Recommendations Nos. (1), (2), (3) and (5)
of the Office Consolidation Sub-Committee embodied in the communication (April 13, 1999) from the City Clerk,
viz:
"(1) the six (6) existing washrooms located on the second floor be renovated and additional funds in the amount of
$14,200.00 be allocated for this purpose;
(2) glass replacement to prevent sound spilling from Committee Room No. 1 into adjacent hallways be approved
and funds in the amount of $18,200.00 be allocated for this purpose;
(3) the funds in the amount of $18,000.00 be allocated to renovate the Glass House and two adjoining rooms located
on the underground parking level of City Hall to accommodate the Council drivers in one location; and
(5) the Meeting Rooms be renamed to reflect the corridor in which they are situated.";
(B) referred Recommendation No. (4), embodied in the communication (April 13, 1999) from the City Clerk, back to
the Office Consolidation Sub-Committee for further consideration; and
(C) requested the Office Consolidation Sub-Committee to:
(i) give consideration to the problem of the constant banging of doors in Committee Rooms Nos. 1 and 2 on the
second floor at City Hall, during Committee meetings;
(ii) review the question of access for physically challenged individuals to the committee rooms located on the second
floor;
(iii) report to the Corporate Services Committee respecting the disposition of funds established by the City of
Toronto from the sale of the Langstaff Jail to make City Hall accessible; and
(iv) review the situation respecting Members of Council accessing the official parking area at City Hall and the
problems associated with the steel doors in that area.
(April 13, 1999) from the City Clerk, advising that the Office Consolidation Sub-Committee, during its consideration of a
report (April 9, 1999) from the Commissioner of Corporate Services, entitled "Phase 1 Renovations to Toronto City Hall -
Recommended Actions in Response to Office Consolidation Sub-Committee Motions and Additional Budget
Requirements", recommended to the Corporate Services Committee and the Budget Committee that:
(1) the six (6) existing washrooms located on the second floor be renovated and additional funds in the amount of
$14,200.00 be allocated for this purpose;
(2) glass replacement to prevent sound spilling from Committee Room No. 1 into adjacent hallways be approved and funds
in the amount of $18,200.00 be allocated for this purpose;
(3) the funds in the amount of $18,000.00 be allocated to renovate the Glass House and two adjoining rooms located on the
underground parking level of City Hall to accommodate the Council drivers in one location;
(4) the western square Councillor's Corridor be renamed as Corridor "D", and the "C" reception area be renamed Reception
"C and D"; and
(5) the Meeting Rooms be renamed to reflect the corridor in which they are situated.
Respectfully submitted,
DICK O'BRIEN
Chair
Toronto, April 19, 1999
(Report No. 5 of The Corporate Services Committee, was adopted, as amended, by City Council on May 11 and 12, 1999.)