February 23, 2009

 

Members of Council observed a moment of silence and remembered the following persons who passed away:

 

Gladys Ovenell

Michael Schofield

 

February 24, 2009

 

Members of Council observed a moment of silence and remembered the following persons who passed away:

 

David M. Nowlan

Ciff Jenkins Sr.

Thomas Leon

 

City Council confirmed the Minutes from the regular meeting held on January 27 and 28, 2009.

City Council on February 23, 24 and 25, 2009, received the following petitions for information:

 

1.         (undated) submitted by Councillor Hall, Ward 1, Etobicoke North, signed by 741 individuals in opposition to the proposed Community Hub at the former Father Henry Carr School site.

 

2.         (undated) submitted by Councillor Hall, Ward 1, Etobicoke North, signed by 802 individuals in support of the proposed Community Hub at the former Father Henry Carr School site.

 

3.         (undated) submitted by Councillor Ford, Ward 2, Etobicoke North, signed by 840 individuals in opposition to the  proposed Community Hub at the former Father Henry Carr School site.

 

4.         (undated) submitted by Councillor Ford, Ward 2, Etobicoke North, signed by 18 individuals respecting the activities at the City of Toronto's yard on the south east side of Eglinton Avenue East in Ward 2.

City Council on February 23, 24 and 25, 2009, referred Administrative Inquiry IA31.1 from Councillor Michael Walker, Ward 22, St. Paul's, and the Answer from the Chief Planner and Executive Director, City Planning, to the Planning and Growth Management Committee.

City Council on February 23, 24 and 25, 2009, adopted the following:

 

Board Remuneration

 

1.         The recommended rates of remuneration for citizen appointees to the Boards of Directors of Build Toronto and Invest Toronto include attendance at board and committee meetings and service on any subsidiary or associated board.

 

2.         With respect to Build Toronto, the following annual remuneration be set:

 

a.         citizen board members:  an annual retainer of $5,000 plus a per meeting fee of $500 with a cap on total annual remuneration of $15,000;

 

b.         citizen Vice-Chair (while Mayor is Chair):  an annual retainer of $30,000 (with no meeting fee) in recognition that this Vice-Chair will be required to take on additional duties to support the Mayor in his role as Chair;

 

c.         once a citizen assumes the Chair:  the remuneration for a citizen Vice-Chair (if a citizen is Chair) will be set at the same rate as a citizen board member; and

 

d.         citizen Chair:  an annual retainer of $40,000 (with no meeting fee) in recognition of the time demands for client and stakeholder contacts beyond formal board meetings.

 

3.         With respect to Invest Toronto, the following annual remuneration be set:

 

a.         citizen Vice-Chair (Mayor is Chair):  an annual retainer of $15,000 (with no meeting fee) in recognition of the additional duties that would be required to support the Mayor in his role as Chair; and

 

b.         citizen board members:  no remuneration be paid, taking into account the large public service component for serving on this type of board and in keeping with other similar agencies that focus on engaging the private sector in marketing and promotion activities to increase business investment and create desirable jobs.

 

Policy With Respect to the Transfer of Assets to Corporations

 

4.         Council adopt, as the City’s policy with respect to the transfer of assets by the City to corporations, as required by Section 7 of Ontario Regulation 609/06, the proposed By-law attached as Appendix “A”.

 

5.         Authority be granted for the introduction in Council of any bills necessary to implement the foregoing.

 

Toronto Business Development Centre

 

6.         The General Manager of Economic Development, Culture and Tourism, and the City Solicitor be authorized to take any action that he or she determines is necessary and appropriate to remove any provisions or statements that provide, state or suggest that Toronto Business Development Centre, a non-share corporation, is an agent or a representative of the City.

 

Corporate Operating By-laws

 

7.         Council approves By-law No. 1 of City of Toronto Economic Development Corporation and new by-laws for each of Build Toronto Inc. and Invest Toronto Inc. as attached in Appendices B, C and D, with the Build Toronto By-law amended to provide that Build Toronto Inc. meet in public and provide public notice of its agendas and public reports, subject to the provisions of s.190 of the City of Toronto Act, 2006, which provides that certain matters may be considered in a closed meeting.

 

General

 

8.         The City Manager be requested to:

 

a.         report to the April 7, 2009 meeting of the Executive Committee on the merits of Invest Toronto Inc. having meetings which are open to the public; and

 

b.         report to the September 8, 2009 meeting of the Executive Committee on how the Strategic Plan from Invest Toronto Inc. aligns with the Toronto Region Research Alliance and the Greater Toronto Marketing Alliance.

 

9.         The Deputy City Manager and Chief Financial Officer be requested to report annually on the amount and purpose of draws by Build Toronto and Invest Toronto from the $10 million start-up allocation approved by City Council.

City Council on February 23, 24 and 25, 2009, adopted the following:

 

1.         Council approve the action plan outlined in Attachment 1 to improve Toronto’s swimming beaches in 2009-10.

 

2.         A three-year pilot project be undertaken at Sunnyside Beach to enclose a portion of the swimming area and provide water that meets Ontario’s recreational water quality standard at a cost not to exceed $1,000,000.00 (net of GST) in 2009.

 

3.         The General Manager of Toronto Water be given authority to sole source the design and/or construction and/or operation of the facility if necessary, in order to have the enclosed swimming area at Sunnyside Beach in operation for the 2009 swimming season.

 

4.         Opportunities to include Blue Flag quality swimming beaches in the development of the Arsenal Lands/Marie Curtis Park West, Colonel Samuel Smith Park and Port Union Waterfront Park Phase 2 be investigated in consultation with adjacent communities and the Toronto and Region Conservation Authority.

 

5.         The General Manager, Transportation Services, in consultation with the General Manager, Toronto Water, and the General Manager, Parks, Forestry and Recreation, be requested to undertake a Request for Proposals (RFP) process requesting qualified designers to submit proposals for the design, construction and installation of a functional and attractive lifeguard stand prototype for potential use on all of Toronto beaches in the future, and that they be requested to submit an Action Report to City Council, through the Parks and Environment Committee, on the costs of the lifeguard stands, once the results of the RFP are known.

 

6.         The Chief of Police be requested to extend lifeguard hours during Extreme Heat Alerts at selected Blue Flag beaches that are not posted against swimming.

 

7.         As planning work is completed, the General Managers of Toronto Water and Parks, Forestry and Recreation report back to the appropriate Standing Committee to identify the Capital budget requirements and operating impact on Parks, Forestry and Recreation services and programs to implement the Toronto Beaches Plan.

 

8.         The General Manager, Parks, Forestry and Recreation, in consultation with appropriate City officials, be requested to submit a report to the Parks and Environment Committee on opportunities to improve the littoral zone, including the lake bottom within 20 metres of the shore algae impact and landfill debris below the water that undermines the swimming experience at Cherry Beach for 2010.

 

9.         City Council recognize the efforts and partnership of Environmental Defence Canada in the ongoing implementation of the Blue Flag Program.

 

10.       The General Manager of Parks, Forestry and Recreation, be requested to consult with Environmental Defence Canada and report to the Parks and Environment Committee on the impacts of ‘Blue Flag’ status on dogs on and off leash on Blue Flag designated beaches, and specifically on how the Blue Flag status will impact dogs on Kew-Balmy Beach when it is designated as a Blue Flag beach.

 

11.       The Toronto Water Division strive to ensure discharges from Toronto's sewer system meet Provincial water quality standards, specifically Section 53 of the Ontario Water Resources Act, which requires municipalities with combined sewer systems to prevent sewage from entering our waterway, so that water quality at the City’s beaches can be safeguarded.

 

12.       City Council request Prime Minister Harper to commence negotiations with the US Federal Government to amend, in partnership with the Great Lakes and St. Lawrence Cities Initiative, the 1972 Great Lakes Water Quality Control Agreement, in order to improve the water quality at the City’s beaches.

 

13.       The appropriate City officials be authorized and directed to take the necessary action to give effect thereto.

City Council on February 23, 24 and 25, 2009, adopted the following:

 

1.         The General Manager, Shelter, Support and Housing Administration, in consultation with the Acting Deputy Manager and Chief Financial Officer, report in mid-2010 to the Executive Committee on quantifiable savings and costs based on surveys and analysis of changes in service use patterns for individuals who received service through the enhanced Street to Homes Program.

 

2.         The City Manager request the Federal and Provincial Governments to cost share the enhanced Streets to Homes Program.

 

3.         The General Manager, Shelter, Support and Housing Administration, be requested to work with the Medical Officer of Health to consider ways to address the immediate health needs of clients of the Streets to Homes program.

City Council on February 23, 24 and 25, 2009, adopted the following:

 

1.         City Council authorize the extension of the repayment term of the Tourism Event Development Loan to the Toronto Just For Laughs Comedy Festival for $500,000 to December 31, 2010, in form satisfactory to the Acting Deputy City Manager and Chief Financial Officer and the City Solicitor.

 

2.         The General Manager of Economic Development, Culture and Tourism, be directed to assist the organizers of the Toronto Just For Laughs Comedy Festival with any technical assistance and operational support and services necessary from other City of Toronto divisions and agencies who will be providing services to the organizers and to explore opportunities to provide additional financial assistance via new and existing City of Toronto programs.

City Council on February 23, 24 and 25, 2009, adopted the following:

 

1.         The City’s Investment Policy, as attached to this report in Appendix A, be approved effective February 28, 2009.

City Council on February 23, 24 and 25, 2009, adopted the following:

 

1.         The Policy on Donations to the City for Community Benefits be amended to include the following language at the end of section 1.7:

 

Any bidder or proponent found to be in violation of this policy may be subject to disqualification from the procurement process or future procurement processes at the discretion of City Council.

 

2.         The Director of Purchasing and Materials Management be directed to make potential bidders and proponents aware of the Policy on Donations to the City for Community Benefits, as amended, by ensuring that the Policy is included in the City’s Policies and Legislation set out on the City of Toronto website and referenced in all call documents issued by the City.

 

3.         The Acting Deputy City Manager and Chief Financial Officer be requested to report back to the Executive Committee in 18 months time on any necessary revisions to the Policy.

City Council on February 23, 24 and 25, 2009, adopted the following:

 

1.         Council adopt the Development Charge By-law, attached as Appendix 1 to the report (January 19, 2009) from the City Manager and the Acting Deputy City Manager and Chief Financial Officer, with the following amendments:

 

a.         the development charge rates being frozen at the existing levels, except for annual indexing as provided for in the proposed by-law, until January 31, 2011;

 

b.         the phasing of the increases in development charges as outlined in the by-law commencing from February 1, 2011;

 

c.         substituting the definition of Industrial Uses with the following:

 

“INDUSTRIAL USES — Lands, buildings or structures used or designed or intended for use for or in connection with manufacturing, producing or processing of goods, warehousing or bulk storage of goods, self storage facility, distribution centre, truck terminal, research and development in connection with manufacturing, producing or processing of goods, and:

 

A.        Includes office uses and the sale of commodities to the general public where such uses are accessory to and subordinate to an industrial use.

 

B.         Does not include:

 

(1)        a building used exclusively for office or administrative purposes unless it is attached to an industrial building or structure as defined above; or

 

(2)        warehouse clubs and retail warehouses, including commercial establishments which have as their principal use the sale of goods and merchandise in a warehouse format.”; and

 

d.         adding the following clause to Section 415-8 of the by-law:

 

“The amount of the development charge payable upon the issuance of a building permit shall be reduced by an amount equal to the applicable percentage of charge by service, as set out in Schedules A and B at the end of this chapter, for each service for which payment has previously been made under the terms of a subdivision agreement entered into with the City pursuant to Section 51 of the Planning Act.”

 

2.         Council determine that no further public meeting is necessary in order to deal with the modifications made to the development charge by-law as noted above following the date of the public meeting, pursuant to section 12 of the Development Charges Act, 1997.

 

3.         The City Solicitor, in consultation with the Acting Deputy City Manager and Chief Financial Officer, be authorized to make such stylistic and technical amendments to the by-law as necessary to give effect to the these recommendations.

 

4.         For the purpose of complying with the Development Charges Act, 1997, Council adopt the City of Toronto 2008 Development Charge Background Study dated October 23, 2008, as revised by the Addendum dated January 13, 2009.

 

5.         For the purpose of complying with the Development Charges Act, 1997, Council adopt the growth forecast and the development-related capital forecast and program contained in the Background Study as evidence that Council intends to ensure that the increase in need for service attributable to anticipated development will be met.

 

6.         City Council receive the report dated October 27, 2008, from the City Manager and the Acting Deputy City Manager and Chief Financial Officer, entitled “Development Charges - Background Study and Proposed By-law”.

 

7.         The Mayor be requested to include an economist from a Toronto area university on the Development Industry Working Group.

 

8.         The City Manager be requested to report to Council, through the Executive Committee, no later than June 2009, on the possibility of seeking the removal of the following development charge exclusions:

 

a.         the statutory deduction under ss.5(1)8 of the Development Charges Act for all additional transit expansion to match the deduction accorded to the Spadina subway extension presently underway; and

 

b.         the exclusion under §5(3)4(ii) of the Development Charges Act as it pertains to computers for libraries, schools, community centres and any other facilities that provide computers to which the public has access.

 

9.         The City Manager be requested to report to the Executive Committee, no later than June 2009, on a mechanism to ensure that, in contemplation of the expansion of any future servicing capacity, the provisions of §5(1)5 of the Development Charges Act are taken into account.

 

10.       The City Solicitor be requested to report to the Executive Committee, no later than June 2009, on the enactment of a by-law under the City of Toronto Act to establish consumer protection measures requiring full disclosure to all purchasers of all Development Charges payable at the time of entering into an Agreement of Purchase and Sale, and whether the City can require that development and other municipal charges be included in the advertised sale price of a dwelling unit and not charged separately at time of closing.

City Council on February 23, 24 and 25, 2009, adopted the following:

 

1.         City Council approve the Development Charge Credit Agreement between Kreadar Enterprises Limited and the City as attached as Appendix 1.

 

2.         City Council authorize and direct the appropriate City staff to take necessary action to give effect thereto.

City Council on February 23, 24 and 25, 2009, adopted the following:

 

1.         City Council approve funding a share of the Capital cost of upgrading certain City-owned facilities and roads, as identified in Table 1 contained in the report (January 22, 2009) from the City Manager, to bring them up to standard for use as competition and training venues for the 2015 Pan Am Games, up to a maximum City investment of $12 million.

 

2.         City Council support the development, at the University of Toronto Scarborough Campus, of a competitive aquatic centre and a multi-sport field house, in partnership with the University of Toronto, the Province of Ontario, the Government of Canada, the Canadian Centre for Sport Ontario and the Canadian Olympic Committee, according to the following principles:

 

a.         the City and the University of Toronto will share equally in funding 44 percent of the Capital costs required to build the facilities up to a maximum cap on the City’s contribution of $37.5 million;

 

b.         the Federal and Provincial Governments will fund the remainder of the Capital costs (56 percent) and the Provincial Government will provide a guarantee to fund any Capital cost overruns;

 

c.         the Organizing Committee for the 2015 Pan Am Games will be responsible for project management, construction and delivery of the facilities;

 

d.         land for development of the facilities will be provided by the City and the University in an “as is” condition for nominal consideration;

 

e.         ownership of the facilities, including beneficial rights associated with ownership, will vest with the City or the City and the University jointly;

 

f.          the Canadian Sports Institute Ontario will be a tenant in the facility and will support the operating cost of the facility through rental payments that reflect its proportionate share of facility activities;

 

g.         general use agreements will be developed as required to provide access to the general community and to the student community; and

 

h.         sufficient funding will be provided from the legacy endowment included in the 2015 Pan Am Games operating budget to offset potential operating deficits during post-Games use of the facilities.

 

3.         City Council request the Acting Deputy City Manager and Chief Financial Officer to report on the details of the 49.5 million ($2008) in expenditures, including timing and funding source, as part of the 2010 Capital Budget process.

 

4.         City Council authorize the City Manager to negotiate, approve and execute, on behalf of the City of Toronto, to the satisfaction of the City Manager and in a form satisfactory to the City Solicitor:

 

a.         a Multi-Party Agreement with the Federal Government, Provincial Government, Canadian Olympic Committee (COC), Bid Corporation, other Ontario municipalities, universities and other funding partners, that describes how the parties intend to deliver the Pan American/ParaPan American Games if the Bid is successful, specifies and formalizes the distribution of venues and associated Capital works, and sets out and legally binds all of the financial contributors and partners in regard to their Capital contributions and benefits; and that such agreement allow for adjustments to the contribution amounts to recognize Capital cost inflation;

 

b.         a Host City Agreement with the Canadian Olympic Committee (COC) and the Pan American Sports Association (PASO) that provides the formal commitment to accept the award of the Games, and to host and deliver them in line with PASO statutes and regulations; and

 

c.         such supplementary agreements consistent with the obligations of the parties under the Multi-party Agreement and Host City Agreement and with the principles contained in Part 2.

 

5.         City Council require that, as a pre-condition to the entering into of the Host City Agreement, the Provincial and Federal Governments will have entered into legally binding commitments for their respective funding contributions and guarantees and that the City Solicitor be instructed to ensure that those commitments are legally binding on them and enforceable by the City without qualification, including their status as Crown.

City Council on February 23, 24 and 25, 2009, adopted the following:

 

1.        City Council receive, for information, the report (January 12, 2009) from the City Manager, entitled "2008-2009 Recipients of City of Toronto Scholarships at the University of Toronto".

City Council on February 23, 24 and 25, 2009, adopted the following:

 

1.         City Council extend the City’s indemnification policy, as amended by City Council in July 2008, to directors of those agencies, boards, commissions, corporations and special purpose bodies included in the City’s Errors and Omissions insurance policy as outlined in Attachment A.

 

2.         All future amendments to the indemnification policy, including any future indemnity for Municipal Conflict of Interest apply to those agencies, boards, commissions, corporations and special purpose bodies included in the City’s Errors and Omissions insurance policy.

 

3.         The City Solicitor prepare a consolidated version of the City indemnification policy for distribution to the affected agencies, boards, commissions and special purpose bodies.

City Council on February 23, 24 and 25, 2009, adopted the following:

 

1.         For property tax rebate applications related to the 2007 taxation year and onward, and provided that the Province of Ontario agrees to cover the cost of the education component of the grant, Council approve a grant program to provide one-time grants to registered charities equivalent to the property tax rebate of 40 percent of eligible taxes for municipal and school purposes that would have been payable if the rebate application had been received prior to the legislated deadline, under the following circumstances:

 

a.         the registered charity has submitted an application to the City for a property tax rebate under the City’s Property Tax Rebate Program for Registered Charities (the “Rebate Program”) after the deadline of the last day of February of the year following the year in respect of which the application is made but prior to the end of that same calendar year (December 31st);

 

b.         but for the lateness of the application, the registered charity is otherwise eligible for a tax rebate under the Rebate Program;

 

c.         the applicant has received a rebate in any prior year under the City’s Rebate Program for Registered Charities;

 

d.         a registered charity is eligible for a grant under this grant program on a one-time and a one-taxation-year only basis, so that any registered charity who received such a grant in respect of a taxation year is no longer eligible to receive additional grants under this grant program in subsequent taxation years;

 

e.         all such grants be deemed to be in the interests of the City;

 

f.          authority be delegated to the Director of Revenue Services to administer this grant program in accordance with the recommendations herein, and to issue grants to eligible charities; and

 

g.         grants provided under this program be funded from the non-program tax deficiency account, with Business Improvement Area (BIA) amounts to be recovered from affected BIAs.

 

2.         The Province of Ontario be requested to:

 

a.         share in the cost of the grants recommended by Recommendation 1 on the same basis as it shares in property tax rebates under the Rebate Program;

 

b.         amend the City of Toronto Act, 2006 (the “Act”) so as to permit the City to set its own application deadlines for tax rebate programs it administers; and

 

c.         amend Ontario Regulation 121/07 (the “Regulation”) to allow grants recommended by Recommendation 1 to be deemed to be rebates made under section 329 of the Act for the purposes of sections 8 and 9 of the Regulation.

 

3.         In the event the Province of Ontario does not agree to share in the cost of grants provided on that same basis at it shares in property tax rebates provided under the Rebate Program, Council approve a grant program to provide one‑time grants to registered charities equivalent to the municipal portion only (including BIA amounts) of the property tax rebate that would have been payable under the Rebate Program had the rebate application been received prior to the legislated deadline, under the same circumstances identified in Part 1, above.

City Council on February 23, 24 and 25, 2009, adopted the following:

 

1.         The affordable housing priorities for 2009 include the finalization of Toronto’s ten-year affordable housing action plan, securing the renewal of federal/provincial affordable housing programs, contributing to the development of Ontario’s long-term affordable housing strategy and working with our partners to achieve new federal investments and a national housing strategy.

City Council on February 23, 24 and 25, 2009, adopted the following:

 

1.         The Director, Affordable Housing Office, work with the Ministry of Municipal Affairs and Housing to complete AHP investments in Toronto prior to the expiry of the Program on March 31, 2010.

 

2.         Authority be granted to the Director, Affordable Housing Office, to re-allocate any residual AHP Rental and Supportive Component funding to previously approved Toronto Community Housing Corporation (TCHC) developments at 60 Richmond Street East, West Don Lands McCord site, 501 Adelaide Street East and 88‑90 Carlton Street, subject to Provincial approval and on terms and conditions satisfactory to the Director, Affordable Housing Office.

 

3.         Authority be granted to the Director, Affordable Housing Office, to re-allocate any further residual AHP funding to either the rental and supportive component and/or the housing allowance component, subject to Provincial approval and on terms and conditions satisfactory to the Director, Affordable Housing Office.

 

4.         Authority be granted to exempt from municipal and school taxes all units of affordable housing located at TCHC projects at 60 Richmond Street East, 88‑90 Carlton Street and 501 Adelaide Street East for a period of 25 years from the date of the first occupancy of the buildings.

 

5.         Authority be granted to exempt from municipal and education taxes the affordable housing units in the Regent Park Phase One Revitalization Plan Area, being the units located at 1 Oak Street, 30 Regent Street, and 246‑252 Sackville Avenue for a period of 25 years from the date of first occupancy of the buildings.

 

6.         Authority be granted to the Director, Affordable Housing Office to work with TCHC to reallocate previously approved TCHC Federal Housing Trust Funds – Delivering Opportunities for Ontario Renters Initiative (DOOR) funds to other TCHC initiatives to maximize available affordable housing opportunities for local residents.

 

7.         The Director, Affordable Housing Office, report to the Affordable Housing Committee on details of any funding reallocations of previously approved projects.

 

8.         The Director, Affordable Housing Office, be authorized and directed to enter into and execute, on behalf of the City, any municipal capital facility agreements, amending agreements or any other documents required, as a result of approval of any of the above recommendations by Council, in a form satisfactory to the City Solicitor.

 

9.         City Council approve Affordable Housing Program Rental and Supportive unit allocations to Toronto Community Housing Corporation in the amount of 26 units at 60 Richmond Street East and 91 units at West Don Lands McCord site as confirmed by the Ministry of Municipal Affairs and Housing on December 29, 2008.

 

10.       Toronto Community Housing Corporation be allocated seventy-six home ownership loans through the Affordable Housing Program and matching funds from the Affordable Housing Program Housing Allowance conversion to be made available to eligible households purchasing new homes as part of the revitalization of Regent Park.

City Council on February 23, 24 and 25, 2009, adopted the following:

 

1.         In recognition of the development of 20 units of affordable ownership family housing at 1500 Weston Road by Habitat for Humanity Toronto, authority be granted to the Director of the Affordable Housing Office to provide a grant from the Capital Revolving Fund for Affordable Housing (CRF) to Habitat for Humanity Toronto, in the amount of $338,266.00, to assist in the payment of the City’s Development Charges and Planning and Building Permit Fees and the Parkland Dedication Requirements.

 

2.         Authority be granted to the Director, Affordable Housing Office, to enter into and execute any agreements deemed necessary, on terms and conditions satisfactory to the Director, Affordable Housing Office and in a form satisfactory to the City Solicitor.

 

3.         The Director of the Affordable Housing Office be requested to report to the next meeting of the Affordable Housing Committee with an analysis of the contributions made to Habitat for Humanity for their projects contained in Executive Committee Items EX29.18, EX29.19, EX29.20 and EX29.21, as it relates to the total contributions made to Habitat for Humanity over the past two (2) years.

City Council on February 23, 24 and 25, 2009, adopted the following:

 

1.         The Offer to Purchase from Habitat for Humanity Toronto Inc. (“Habitat”) to purchase a portion of closed Magellan Drive shown on Plan 3621, also designated as Parts 1 and 4 on Plan 64R‑10559, and shown as Parts 1 - 4 on Sketch No. PS-2007-283 (the “Sketch”), subject to an existing easement over Parts 2 and 4 on the Sketch in favour of Bell Canada (the “Property”), in the amount of $380,000.00 less a forgivable Vendor Take Back Mortgage in the amount of $360,000.00, be accepted substantially on the terms and conditions outlined in Appendix “A” to this report.

 

2.         Each of the Chief Corporate Officer and the Director of Real Estate Services be authorized severally to accept the Offer to Purchase on behalf of the City.

 

3.         The City Solicitor be authorized to complete the transaction on behalf of the City, including paying any necessary expenses, amending the closing, due diligence and other dates, and amending and waiving terms and conditions, on such terms as she considers reasonable.

 

4.         Authority be granted for the City to make or provide its consent as owner to any regulatory applications by Habitat and to grant licences for a term of up to six months, renewable for up to three months, for the purposes of entering onto the Property to carry out pre-development activities and that the Director of Real Estate Services, or his designate be authorized to execute the applications, consents and licences; and

 

5.         Appendix “A” of this report be amended by replacing (10) affordable housing units to 2 affordable housing units.

 

6.         The Director of the Affordable Housing Office be requested to report to the next meeting of the Affordable Housing Committee with an analysis of the contributions made to Habitat for Humanity for their projects contained in Executive Committee Items EX29.18, EX29.19, EX29.20 and EX29.21, as it relates to the total contributions made to Habitat for Humanity over the past two (2) years.

City Council on February 23, 24 and 25, 2009, adopted the following:

 

1.         The Offer to Purchase from Habitat for Humanity Toronto Inc. (“Habitat”) to purchase a parcel of land adjoining 47 Touchstone Drive being part of Block 268 on Plan 66M-2340 and shown as Part 1 on Sketch No. PS-2008-161 (the “Sketch”), subject to existing easements over a portion of Part 1 on the Sketch in favour of Toronto Hydro and Enbridge Consumers Gas (the “Property”), in the amount of $230,000.00 less a forgivable Vendor Take Back Mortgage in the amount of $210,000.00, be accepted substantially on the terms and conditions outlined in Appendix “A” to this report.

 

2.         Authority be granted to rescind the surplus land declaration of a strip of land shown as Part 2 on the Sketch (“Part 2”) as it is required for municipal purposes.

 

3.         Authority be granted to jurisdictionally transfer Part 2 to the Toronto Transit Commission for inclusion as part of the walkway, shown as Part 3 on the Sketch.

 

4.         Each of the Chief Corporate Officer and the Director of Real Estate Services be authorized severally to accept the Offer to Purchase on behalf of the City.

 

5.         The City Solicitor be authorized to complete the transaction on behalf of the City, including paying any necessary expenses, amending the closing, due diligence and other dates, and amending and waiving terms and conditions, on such terms as she considers reasonable.

 

6.         Authority be granted for the City to make or provide its consent as owner to any regulatory applications by Habitat and to grant licences for a term of up to six months, renewable for up to three months, for the purposes of entering onto the Property to carry out pre-development activities and that the Director of Real Estate Services, or his designate be authorized to execute the applications, consents and licences.

 

7.         The Director of the Affordable Housing Office be requested to report to the next meeting of the Affordable Housing Committee with an analysis of the contributions made to Habitat for Humanity for their projects contained in Executive Committee Items EX29.18, EX29.19, EX29.20 and EX29.21, as it relates to the total contributions made to Habitat for Humanity over the past two (2) years.

City Council on February 23, 24 and 25, 2009, adopted the following:

 

1.         The Offer to Purchase from Habitat for Humanity Toronto Inc. (“Habitat”) to purchase the City-owned land located at the northeast corner of Birchmount Road and Highview Avenue, being Lots 451 to 454 inclusive on Plan 1964, Part Block A on Plan 2194 and Part Lot 30 on Concession B, also shown as Parts 1, 2, 5 and 6 on Sketch No. PS‑2008-052, subject to the retention of an easement over Parts 2 and 6 on the sketch for watermain purposes (the “Property”), in the amount of $1,073,000.00 less a forgivable Vendor Take Back Mortgage in the amount of $973,000.00, be accepted substantially on the terms and conditions outlined in Appendix “A” to this report.

 

2.         Each of the Chief Corporate Officer and the Director of Real Estate Services be authorized severally to accept the Offer to Purchase on behalf of the City.

 

3.         The City Solicitor be authorized to complete the transaction on behalf of the City, including paying any necessary expenses, amending the closing, due diligence and other dates, and amending and waiving terms and conditions, on such terms as she considers reasonable.

 

4.         Authority be granted for the City to make or provide its consent as owner to any regulatory applications by Habitat and to grant licences for a term of up to six months, renewable for up to three months, for the purposes of entering onto the Property to carry out pre-development activities and that the Director of Real Estate Services, or his designate be authorized to execute the applications, consents and licences.

 

5.         The Director of the Affordable Housing Office be requested to report to the next meeting of the Affordable Housing Committee with an analysis of the contributions made to Habitat for Humanity for their projects contained in Executive Committee Items EX29.18, EX29.19, EX29.20 and EX29.21, as it relates to the total contributions made to Habitat for Humanity over the past two (2) years.

City Council on February 23, 24 and 25, 2009, adopted the following:

 

1.         City Council approve a budget transfer of $20,267,000 to the Toronto Police Service’s 2008 net operating budget from the City’s Non-Program operating budget where a provision has been made, to fund the cost of a 3% interim salary award, which results in a revised 2008 net operating budget of $818,966,200 for the Service with no incremental impact to the City.

City Council on February 23, 24 and 25, 2009, adopted the following:

 

1.         City Council approve a technical adjustment of $23,300 from the City’s non-program expenditure budget to the Toronto Police Services Board’s 2008 net operating budget, to fund the cost of a 3% interim salary award; which results in a revised 2008 net operating budget of $2,257,200.

City Council on February 23, 24 and 25, 2009, adopted the following:

 

1.         City Council approve a budget transfer of $796,800 to the Toronto Police Service - Parking Enforcement’s 2008 net operating budget from the City’s Non-Program operating budget where a provision has been made, to fund the cost of a 3% interim salary award, which results in a revised 2008 net operating budget of $34,707,900 for Parking Enforcement with no incremental impact to the City.

City Council on February 23, 24 and 25, 2009, adopted the following:

 

1.         The Acting Executive Director, Social Development, Finance and Administration, be authorized to sign renewal agreements for the Youth Employment Toronto (YET) program for up to $413,726 in revenue and $147,693 in net costs and for the Toronto Youth Job Corps (TYJC) program for up to $1,586,274 in revenue and $225,453 in net costs with annual budget commitments dependant on City and federal budget approval processes.

 

2.         The appropriate City officials be authorized and directed to take the necessary action to give effect thereto.

City Council on February 23, 24 and 25, 2009, adopted the following:

 

1.         The General Manager, Parks, Forestry and Recreation, be delegated authority to enter into an agreement with Toronto Star Newspapers Limited for a one (1) year term, commencing February 26, 2009, to distribute Toronto Star Newspapers in Parks, Forestry and Recreation community centres and arenas, and to coordinate free promotional space in the Toronto Star, all in a form and content satisfactory to the General Manager of Parks, Forestry and Recreation and the City Solicitor.

City Council on February 23, 24 and 25, 2009, adopted the following:

 

1.         The following City‑owned outdoor ice rinks open at the same time as Nathan Phillips Square in 2009:

 

Rennie Park Rink (Ward 13)

Sir Adam Beck Rink (Ward 6)

Sunnydale Rink (Ward 2)

Dufferin Grove (Ward 18)

Hodgson Rink (Ward 22)

Kew Gardens Rink (Ward 32)

Regent Park South Rink (Ward 28)

Mel Lastman Square (Ward 23)

Broadlands Community Centre (Ward 34)

Glen Long Community Centre (Ward 15)

Irving Chapley Community Centre (Ward 10)

Albert Campbell Square (Ward 38)

West Mall Rink (Ward 3).

City Council on February 23, 24 and 25, 2009, adopted the following:

 

1.         The current lease between the City of Toronto and the Marcus Garvey Centre for Leadership and Education (MGCLE) for the building at 160 Rivalda Road be terminated.

 

2.         The City of Toronto enter into a one-year lease agreement with MGCLE for rental of a portion of the space in the building commensurate with the Centre’s current needs, as determined by the Executive Director of Social Development, Finance and Administration (SDFA) and the General Manager of Parks, Forestry and Recreation (PFR) and upon terms and conditions satisfactory to them and in a form acceptable to the City Solicitor, at a nominal basic rent of $1.00.

 

3.         Parks, Forestry and Recreation pay the facility utility costs of MGCLE for the one-year term.

 

4.         Parks, Forestry and Recreation staff identify one or more new tenants who would pay rents at market value to lease the remaining portion of the building not occupied by MGCLE.

 

5.         The current outstanding receivable balance for utility costs in the amount of $63,409.25 be forgiven.

 

6.         Staff from the Social Development, Finance and Administration Division work with the Board of Directors of MGCLE to enhance the organization’s governance procedures and to assist it to develop a viable service model and a sustainable financial structure.

 

7.         The Executive Director of Social Development, Finance and Administration, and the General Manager of Parks, Forestry and Recreation, report back to the Community Development and Recreation Committee in February 2010 on the financial viability of MGCLE and recommend whether the lease with the organization should be renewed.

 

8.         The City advise the Marcus Garvey Centre for Leadership and Education that:

 

a.         this is its final opportunity to maintain their lease in good standing; and

 

b.         the City will make its best efforts to seek out other opportunities for space in the west quadrant of the City for this organization to accommodate their needs.

 

9.         The Marcus Garvey Board of Directors be requested to report to City Council, through the Community Development and Recreation Committee, before the end of its one-year lease, on the number of students, programs and success rates from the activities undertaken.

 

10.       The General Manager, Parks, Forestry and Recreation, and the Executive Director, Social Development, Finance and Administration, be requested to provide an update report to the Community Development and Recreation Committee six months after entering into the one-year lease agreement with Marcus Garvey Centre for Leadership and Education.

City Council on February 23, 24 and 25, 2009, adopted the following:

 

1.         Staff be authorized to enter into negotiations with the Toronto Catholic District School Board regarding terms for a long‑term lease of the former Father Henry Carr Catholic School site and report back to Council with respect to the results of those negotiations.

 

2.         The Acting Executive Director of Social Development, Finance and Administration, be directed to report to the Community Development and Recreation Committee on the recommended community‑based board of management governance model, in consultation with local residents and tenant agencies.

City Council on February 23, 24 and 25, 2009, received the following petitions for information:

 

1.         (undated) submitted by Councillor Hall, Ward 1, Etobicoke North, signed by 741 individuals in opposition to the proposed Community Hub at the former Father Henry Carr School site.

 

2.         (undated) submitted by Councillor Hall, Ward 1, Etobicoke North, signed by 802 individuals in support of the proposed Community Hub at the former Father Henry Carr School site.

 

3.         (undated) submitted by Councillor Ford, Ward 2, Etobicoke North, signed by 840 individuals in opposition to the proposed Community Hub at the former Father Henry Carr School site.

City Council on February 23, 24 and 25, 2009, adopted the following:

 

1.         The following 7 new applicants determined to be ineligible at this stage of the assessment process be advised that they are not eligible for support under the 2009 Community Service Partnerships (CSP):

 

i.           Africanadian Mediation and Community Services;

ii.          Broad Africa Resource Centre (BARC);

iii.         Future Watch EDEP;

iv.         Hellenic Home for the Ages;

v.          Metro Street Focus Organization;

vi.         Somali Canadian Business Centre; and

vii.        Madbakh – Women’s Initiative Inc.

 

2.         The following 6 new applicants determined to be eligible proceed to the assessment review:

 

i.           Community Living Toronto;

ii.          East Scarborough Storefront;

iii.         First Portuguese Canadian Cultural Centre;

iv.         St. Felix Centre;

v.          Vasantham – A Tamil Seniors’ Wellness Centre; and

vi.         Jane Alliance Neighbourhood Centre.

 

3.         The appropriate City officials be authorized and directed to take the necessary action to give effect thereto.

City Council on February 23, 24 and 25, 2009, adopted the following:

 

1.         The appeal for $20,357.00 by Parkdale Activity and Recreation Centre be approved to enable the organization to provide extended hours of drop-in service.

 

2.         The General Manager, Shelter, Support and Housing Administration, be delegated authority to allocate the remainder of the funds in the 2009 Consolidated Homelessness Prevention Program (CHPP) to funding of food for homeless drop-in centres in Toronto.

City Council on February 23, 24 and 25, 2009, adopted the following:

 

1.         City Council adopt and certify the 2009 expenditure requests and levy requirements of the following Business Improvement Areas:

 

Business Improvement Area	2009 Expenditure Estimates ($)	2009 Levy Funds Required ($)
Fairbank Village	107,492	0
Kennedy Road	338,594	245,507
Little Italy	391,874	292,374
The Eglinton Way	268,620	241,836
York-Eglinton	227,252	147,607

 

City Council on February 23, 24 and 25, 2009, adopted the following:

 

1.         City Council approve additions and deletions to the Fairbank Village BIA Board of Management as set out in Attachment 1 of the report.

 

2.         Schedule A of the Municipal Code Chapter 19, Business Improvement Areas, be amended to reflect changes to the BIA Board of Management.

City Council on February 23, 24 and 25, 2009, adopted the following:

 

1.         The individual appeals pursuant to Section 323 of the City of Toronto Act, 2006 as provided in the Detailed Hearing Report marked as Appendix A attached to the report dated January 23, 2009, from the Acting Treasurer, be approved excluding the following applications:

  

Section 323 -Appending A
Ward Number	Appeal Number	Tax Year	Assessment Roll Number	Property Location	Reason for Adjournment	Tax Adjustment
14	200800332	2007	1904 02 2 150 04300	182 Sunnyside Ave	Under staff review	0.00
17	200700269	2007	1904 03 2 140 00200	195 Weston Rd	Under staff review	0.00
18	200800447	2008	1904 04 1 470 00500	1155 Queen St. W	Under staff review	1,608.64
20	200700127	2007	1904 06 2 260 00100	11 Duncan St	Under staff review	0.00
32	200800617	2008	1904 08 1 260 01900	109 Knox Ave	Under staff review	0.00
					TOTAL	1,608.64

 

2.         The individual tax appeal applications made pursuant to section 325 of the City of Toronto Act, 2006 resulting in tax reductions totalling $364,117.51, including reductions in Business Improvement Area charges and excluding phase‑in/capping adjustments, as identified in Appendix B, be approved.

 

3.         The appropriate City officials be authorized and directed to take the necessary action to give effect thereto.

City Council on February 23, 24 and 25, 2009, adopted the following:

 

1.         Apportionment of property tax in the amounts identified in Appendix A and Appendix B, under the columns entitled "Apportioned Tax" and "Apportioned Phase In/Capping", be approved, excluding the following applications:

 

Page Number

Tax Year

Original Roll Number

Tax Roll Number for Apportioned Properties

Tax Apportionment

Ward Number

 

             Taxpayers Initiated Applications – Appendix B:

 

8 of 8	2008	1908-12-1-115-01500	1908-12-1-115-01502
			1908-12-1-115-01504
			1908-12-1-115-01506
			Total:	$88,250.43	34

 

2.         The appropriate City officials be authorized and directed to take the necessary action to give effect thereto.

City Council on February 23, 24 and 25, 2009, adopted the following:

 

1.         Council pass a by-law pursuant to section 252 of the City of Toronto Act, 2006, providing authority to:

 

a.         enter into a municipal capital facility agreement with the owner, 481 University Avenue Inc., of the property located at 481 University Avenue in respect of approximately 17,000 square feet of rentable area on the ground floor leased by the City of Toronto, Court Services Division; and

 

b.         exempt the space to be leased from taxation for municipal and school purposes, which tax exemption is to be effective from the later of the following dates: the commencement date of the lease; the date the municipal capital facility agreement is signed; or the date the tax exemption by-law is enacted.

 

2.         The City Clerk be directed to give written notice of the by-law to the Minister of Education, the Municipal Property Assessment Corporation, the Toronto District School Board, the Toronto Catholic District School Board, the Conseil Scolaire de District du Centre-Sud-Ouest, and the Conseil Scolaire de District du Catholique Centre-Sud.

 

3.                  Authority be granted for the introduction of the necessary bills to give effect thereto.

 

4.                  The appropriate City officials be authorized and directed to take the necessary action to give effect thereto.

City Council on February 23, 24 and 25, 2009, adopted the following:

 

1.         City Council grant authority to enter into a Lease Extension and Amending Agreement with The Order of St. Basil The Great Holding Corporation (the “Landlord”) to use and occupy approximately 13.5 acres of land and 49,833 square feet of rentable area in the building at 3100 Weston Road (the “Premises”) for the operation of a neighbourhood/community centre, commencing on November 30th, 2009 and expiring on November 30th, 2019, substantially on the terms and conditions as set out in Appendix “A” and on such other terms and conditions as approved by the Chief Corporate Officer, or his or her designate, and in a form and content acceptable to the City Solicitor.

 

2.         City Council authorize the City Solicitor to complete the Lease Extension and Amending Agreement, deliver any notices, pay expenses and amend the commencement and other dates to such earlier or later date(s), on such terms and conditions, as she may, from time to time, determine.

 

3.         City Council authorize the Chief Corporate Officer to administer and manage the Lease Extension and Amending Agreement including the provision of any consents, approvals, notices and notices of termination provided that the Chief Corporate Officer may, at any time, refer consideration of such matters (including their content) to City Council for its determination and direction.

 

Confidential Attachment 1 to the communication (September 11, 2008) from the General Manager, Parks, Forestry and Recreation, submitted by Councillor Rob Ford, Ward 2, Etobicoke North (GM21.5.7) remains confidential in its entirety, in accordance with the provisions of the City of Toronto Act, 2006, as it contains information related to the security of the property of the municipality or local board.

City Council on February 23, 24 and 25, 2009, adopted the following:

 

1.         City Council grant authority for the proposed Lease Renewal and Amending Agreement for the premises at 225 Duncan Mill Road with Dunbourne Properties C-Ownership (the “Landlord”), consisting of an area of approximately 15,446 square feet, for a five (5) Year Term commencing on September 1, 2006 and ending on August 31, 2011, with one option to renew for a further five (5) year term, based substantially on the terms and conditions set out in the attached Appendix “A” and any such other terms as are acceptable to the Chief Operating Officer and in a form acceptable to the City Solicitor.

 

2.         City Council authorize the Chief Corporate Officer to administer and manage the lease agreement including the provision of any consents, approvals, notices and notices of termination provided that the Chief Corporate Officer may, at any time, refer consideration of such matters (including their content) to City Council for its determination and direction.

City Council on February 23, 24 and 25, 2009, adopted the following:

 

1.         City Council authorize the City to enter into a new lease agreement at 100 Queen Street West the (“Premises”) with Toronto Municipal Employees’ Credit Union the (“Tenant”) for a five (5) year term with the option of renewal for an additional five (5) year term commencing on January 1, 2009, based on the terms and conditions as set out in the attached Appendix “A” and on such other terms and conditions as may be deemed appropriate by the Chief Corporate Officer, or his or her designate, and in a form acceptable to the City Solicitor.

 

2.         City Council authorize the City Solicitor to complete the lease, deliver any notices, pay expenses and amend the commencement and other dates to such earlier or later date(s), on such terms and conditions, as she may, from time to time, determine.

 

3.         City Council authorize the Chief Corporate Officer to administer and manage the Lease Agreement including the provision of any consents, approvals, notices and notices of termination provided that the Chief Corporate Officer may, at any time, refer consideration of such matters (including their content) to City Council for its determination and direction.

City Council on February 23, 24 and 25, 2009, adopted the following:

 

1.         City Council grant authority to enter into a new lease agreement with Sydney R. Stone & Co. Limited as tenant, for the premises located at the property municipally known as 388 Evans Avenue, for a term of five (5) years commencing on November 1st, 2008, with an option to renew for an additional five (5) years, substantially on the terms and conditions as set out in the attached “Appendix A”, and on such other terms and conditions as may be deemed appropriate by the Chief Corporate Officer, or his or her designate, and in a form acceptable to the City Solicitor.

 

2.         City Council authorize the City Solicitor to complete the lease, deliver any notices, pay expenses and amend the commencement and other dates to such earlier or later date(s), on such terms and conditions, as she may, from time to time, determine.

 

3.         City Council authorize the Chief Corporate Officer to administer and manage the Lease Agreement including the provision of any consents, approvals, notices and notices of termination provided that the Chief Corporate Officer may, at any time, refer consideration of such matters (including their content) to City Council for its determination and direction.

City Council on February 23, 24 and 25, 2009, adopted the following:

 

1.         City Council grant authority to initiate the expropriation process for the taking of a permanent easement in 27 Valecrest.

 

2.         City Council grant authority to serve and publish Notices of Application for Approval to Expropriate the permanent easement in 27 Valecrest, to forward to the Chief Inquiry Officer any requests for hearing that are received, to attend the hearing to present the City's position and to report the Inquiry Officer's recommendations to City Council for its consideration.

City Council on February 23, 24 and 25, 2009, adopted the following:

 

1.         Part 1 of Item GM12.12, adopted by City Council at its meeting on March 3, 4 and 5, 2008, authorizing the sale of a public lane adjoining the easterly limit of 709 and 711 Yonge Street, to the adjoining land owners, 1BSEL, be deleted and replaced with the following new Part 1:

 

1.         City Council accept the Offer to Purchase the public lane at the rear of 709 and 711 Yonge Street, being an unnamed road on Plan 163 and also shown as Part 1 on Sketch No. PS-2007-248 (the “Lane”) from BazisInternational (One Bloor Street East) Inc. (the “Purchaser”), in the amount of $1,170,000.00, substantially on the terms and conditions in the amended Appendix “A” to this report.

City Council on February 23, 24 and 25, 2009, adopted the following:

 

1.         City Council not approve the recommendation from Councillor Del Grande that the Chief Corporate Officer bring forward a policy to the Government Management Committee on how the City provides City-owned assets at no cost to non-profit organizations.

City Council on February 23, 24 and 25, 2009, adopted the following:

 

1.         City Council grant authority to the City to convey a portion of 8851 Dufferin Street, described as part of Lot 13, Concession 2, City of Vaughan, shown as Part 1 on Sketch No. PS-2009-019 (the “Property”), to The Regional Municipality of York (“York Region”) for nominal consideration, on terms satisfactory to the Chief Corporate Officer, and in a form satisfactory to the City Solicitor.

 

2.         City Council grant authority to enter into a site plan agreement with York Region with respect to the Dufferin Reservoir expansion on terms and conditions satisfactory to the Executive Director, Technical Services and the General Manager, Toronto Water.

 

3.         City Council authorize, as the approving authority under the Expropriations Act, the disposition of such land without giving the owner from whom the land was expropriated the first chance to repurchase the land on the terms of the best offer received by the expropriating authority.

 

4.         City Council authorize the City Solicitor to complete the transaction on behalf of the City, including paying any necessary expenses, amending the closing, due diligence and other dates, and amending and waiving terms and conditions as she considers reasonable.

City Council on February 23, 24 and 25, 2009, adopted the following:

 

1.         City Council receive the report (December 15, 2008) from the Executive Director, Municipal Licensing and Standards, on Vehicle Branding and Continuous Registration of Vehicles in Ontario for Licensed Limousines.

City Council on February 23, 24 and 25, 2009, adopted the following:

 

1.         City Council delegate to the Executive Director of the Municipal Licensing and Standards Division the authority to establish Examining Panels and select members, as required, in accordance with the relevant qualifications set out in the Toronto Municipal Code, §545-416 and §545-434.

 

2.         City Council amend the Toronto Municipal Code, §545, Licensing, to give effect to the above recommendation and to delete relevant provisions of Article XXXIII relating to the licensing of electrical contractors and master electricians; and amend and delete relevant provisions of Article XXXIV relating to the examining of master plumber examinations, as well as adding certain provisions regarding examinations of drain layers; and

 

3.         City Council authorize the City Solicitor to submit any necessary bills to give effect to the recommendations in this report.

City Council on February 23, 24 and 25, 2009, adopted the following:

 

1.         The Executive Director, Municipal Licensing and Standards, be requested to:

 

a.         report to the Licensing and Standards Committee, by September 2009, on regulatory and non-regulatory mechanisms within the City of Toronto's jurisdiction to reduce alcohol-related violence and improve community safety;

 

b.         consult with the Alcohol and Gaming Commission of Ontario, the Toronto Police Service, local Business Improvement Areas (including the Entertainment District BIA), Toronto Public Health, Social Development, Finance and Administration, the Centre for Addiction and Mental Health and other relevant stakeholders; and

 

c.         review options for violence prevention training and policies (e.g., the Safer Bars Program) appropriate to the range of licensed establishments in Toronto (e.g., restaurants, bars, nightclubs).

City Council on February 23, 24 and 25, 2009, adopted the following:

 

1.         The Fireworks By-law be amended by requiring the vendor to purchase and maintain a liability insurance policy or, alternatively, the vendor must be shown as a named insured on the distributor’s liability insurance policy.

 

2.         To assist individuals to purchase family fireworks from Temporary Fireworks Vendors, Temporary Lease Fireworks Vendors and Mobile Fireworks Vendors for Diwali celebrations in the City of Toronto, the sale of family fireworks only on the day of Diwali celebration and the seven-day period before the Diwali celebration be authorized at a cost as set out in the Fireworks By-law.

 

3.         The appropriate City staff be authorized and directed to implement these recommendations.

City Council on February 23, 24 and 25, 2009, adopted the following:

 

1.         City Council amend the Official Plan and the Yonge-Eglinton Secondary Plan substantially in accordance with the draft official plan amendment submitted with this report as Attachment 1.

 

2.         City Council amend By‑law 438-86 for the southwest quadrant of the Yonge and Eglinton intersection substantially in accordance with the draft zoning by-law amendment submitted with this report as Attachment 2.

 

3.         City Council authorize the City Solicitor to make such stylistic and technical changes to the draft zoning by‑law amendments as may be required.

 

4.         City Council adopt the Yonge-Eglinton Centre Urban Design Guidelines shown in Attachment 3.

 

5.         City Council adopt a By-law to amend Schedule 1 of the City‑wide Community Improvement Plan for Brownfield Remediation and Development of Prescribed Employment Uses (By‑law 516-2008) by including the Yonge-Eglinton Centre as an area eligible for financial incentives for major office buildings, as shown in Attachment 4.

 

6.         City Council direct the General Manager of Parks, Forestry and Recreation, in consultation with TTC, Facilities and Real Estate, City Planning staff and the local Councillors for Wards 22, 16 and 25, to report back to City Council in the third quarter of 2009 with an implementation strategy and possible funding sources for the proposed public park within the southwest quadrant of the Yonge-Eglinton intersection.

 

7.         City Council direct the Chief Planner and Executive Director, in consultation with the General Managers of Transportation Services and Economic Development, Culture and Tourism, Urban Forestry and TTC staff to prepare a Streetscape Plan focused on the Yonge-Eglinton intersection, in consultation with the local Councillors for Wards 22, 16 and 25, and report back to City Council with a strategy to implement the Streetscape Plan together with estimated costs and possible funding sources, including partnerships with the private sector.

 

8.         City Council direct Transportation Services, the Co-ordinated Street Furniture Program to consider Yonge-Eglinton as a priority area for the placement of street furniture in Wards 22, 16, and 25, in co‑ordination with Part 7.

 

9.         City Council direct Planning staff to undertake consultations with the local community, in consultation with Councillors for Wards 22, 16, and 25, with regard to the Yonge-Eglinton Urban Growth Centre (UGC) in the Provincial Growth Plan for the Greater Golden Horseshoe, 2006, and report back on the results of the consultations and any amendments necessary to bring the Official Plan in conformity to the provincial Growth Plan.

 

10.       City Council approve that the City-owned land in this proposed rezoning shall include the construction of affordable housing on site consistent with the target set out in the Official Plan as part of any redevelopment, and that if the land were sold to a third party, this obligation be registered on title.

 

11.       The Toronto Transit Commission be requested to consider establishing a Yonge/Eglinton Station Working Group including local residents, area employees, and transit riders to participate from the early stages in the design of the Eglinton Station, bus terminal and other transit public spaces, with a view to making them user friendly.

City Council on February 23, 24 and 25, 2009, adopted the following:

 

1.         City Council refuse the application in its current form as the proposal does not conform to the Official Plan, conflicts and does not conform with the Growth Plan for the Greater Golden Horseshoe and is inconsistent with the Provincial Policy Statement.

 

2.         Should the applicant wish to reconsider the retail and service use components of their proposal, City staff and the applicant work together on a rezoning proposal which would conform and be consistent with the Official Plan and the Growth Plan and be consistent with the Provincial Policy Statement.

City Council on February 23, 24 and 25, 2009, adopted the following:

 

1.         City Council approve the recommended new members for the Toronto Public Art Commission outlined in Attachment 1 of the report.

 

2.         City Council approve the public release of the confidential information in Attachment 1.

 

Confidential Attachment 1 to the report (January 9, 2009) from Chief Planner and Executive Director, City Planning, is now public in its entirety and contains the names of the following citizens nominated for membership for the Toronto Public Art Commission:

 

The Toronto Public Art Commission – Recommended New Members

 

The following citizens are nominated for membership for the Toronto Public Art Commission

 

New Members

 

Ronni Rosenberg, Associate Dean, Sheridan College School of Animation, Arts and Design; Architect, Artist and Graphic Designer

 

Lorrie Ann Smith, Manager, Course Instructor, Planning Programs for Public Education at the University of Western Ontario; Manager, Education at Harbourfront Centre; Masters of Fine Art, Visual Arts at York University

 

Christopher Pommer, Partner, PLANT Architect Inc.; B.E.S., and B.Arch, University of Waterloo

 

Yvonne Yeung, Urban designer, Urban Strategies Inc., Bachelor of Landscape Architecture University of Toronto; Editor of Ground Magazine; member, Ontario Association of Landscape Architects and Canadian Association of Landscape Architects

 

Andrea Carsen, Artist, architecture and design writer and critic; part-time instructor visual studies and critical writing part time at Brock University; publisher, the View on Canadian Art

 

Reserve Members

 

Robert Vanderberg, Associate Producer, Visual Arts and Public Installations Luminato, Toronto Festival of Arts and Creativity; B.A. Calvin College; M.A. in Art History and Graduate Diploma in Curatorial Studies in Visual Culture, York University

 

Son Van Huynh, Intern Architect/Designer with ARK Inc.; Master of Architecture, University of Toronto, Hon. Bachelor of Science University of Toronto

 

Tracey Capes, Principal Tracey Fine Art; Executive Director of the Toronto Outdoor Art Exhibition, 1990 to 1998; graduate Art and Art History Program of the University of Toronto

 

Peter Hamilton, Principal Peter Hamilton Architects; B.Arch. University of Toronto; M.Arch. Harvard University; Member of Ontario Association of Architects, Fellow of the Royal Architectural Institute of Canada

 

JoAnn Purcell, Academic faculty member, Seneca College; professional artist; previous member, Board of Directors, Scarborough Arts Council

 

Paul Aloisi, Artist, B.Des. Honours in Environmental Design; Academic faculty instructor in design/drawing, Ontario College of Art and Design; public art/inter disciplinary collaborations and community arts organizer

City Council on February 23, 24 and 25, 2009, adopted the following:

 

1.         Municipal Code Chapter 849 - Water and Sewage Services and Utility Bill, ARTICLE I – Rebates, and Article II – Rates, be amended in accordance with the draft amending By-law attached as Appendix “A” to this report.

 

2.         Municipal Code Chapter 441 – Fees and Charges, Appendix A, Waste Collection and Disposal Fees and Water and Sewer Usage Rates, Schedule 4, Wastewater, be amended in accordance with the draft amending By-law attached as Appendix “B” to this report.

 

3.         Municipal Code Chapter 681 – Sewers, be amended in accordance with the draft amending By-law attached as Appendix “C” to this report.

 

4.         Authority be granted to the City Solicitor to introduce any necessary Bills required to implement these recommendations, subject to any necessary refinements, including stylistic, format and organization, as may be identified by the City Solicitor and General Manager, Toronto Water.

 

5.         The appropriate City officials be authorized and directed to take the necessary actions to give effect thereto.

City Council on February 23, 24 and 25, 2009, adopted the following:

 

1.         Municipal Code Chapter 849 - Water and Sewage Services and Utility Bill, be amended in accordance with the draft amending By-law attached as Appendix “A” to this report.

 

2.         Authority be granted to the City Solicitor to introduce any necessary Bills required to implement Part 1, above, subject to any necessary refinements, including stylistic, format and organization, as may be identified by the City Solicitor and the General Manager, Toronto Water.

 

3.         The appropriate City officials be authorized and directed to take the necessary actions to give effect thereto.

City Council on February 23, 24 and 25, 2009, adopted the following:

 

1.         The General Manager, Toronto Water, be authorized to procure additional beneficial use and landfill disposal services for biosolids from the Ashbridges Bay Treatment Plant on a sole source basis and on such terms and conditions as he considers appropriate until such time as Council has considered and approved a Biosolids Management Master Plan.

 

2.         The General Manager, Toronto Water, be authorized to execute one or more contracts and/or agreements on terms and conditions satisfactory to him and in a form satisfactory to the City Solicitor.

 

3.         In the event that the General Manager, Toronto Water, identifies disposal services in the United States and wishes to contract with a United States disposal site operator for such services, he be authorized to proceed to arrange the necessary due diligence reviews, including physical/geologic setting, compliance history, facility design, spill/release/incident history, operational concerns, financial status, and waste acceptance procedures, and if the results are acceptable to the General Manager, Toronto Water, and the Deputy City Manager, enter into and execute such agreements on terms and conditions satisfactory to them and in a form satisfactory to the City Solicitor.

 

4.         Staff report back to Council on the outcome of steps taken pursuant to these recommendations.

 

5.         Confidential Attachment 1 to the report (January 20, 2009) from the City Solicitor be received, for information, and that it remain confidential in accordance with the provisions of the City of Toronto Act, 2006, as it contains information that is subject to solicitor-client privilege.

 

Confidential Attachment 1 to the report (January 20, 2009) from the City Solicitor remains confidential in its entirety, in accordance with the provisions of the City of Toronto Act, 2006, as it contains advice that is subject to solicitor-client privilege.

City Council on February 23, 24 and 25, 2009, adopted the following:

 

1.         City Council amend the Zoning By‑law for the property at 2, 4 and 6 Eva Road substantially in accordance with the Zoning By‑law Amendment described in this report.

 

2.         City Council authorize the City Solicitor to make such stylistic and technical changes to the draft Zoning By‑law Amendment as may be required.

 

3.         Before introducing the necessary Bill to City Council for enactment, City Council require the owner to enter into a Section 37 Agreement containing the provisions described in this report.

 

4.         Before introducing the necessary Bill to City Council for enactment, City Council require the owner to obtain a letter of clearance from the Greater Toronto Airports Authority (GTAA), satisfactory to the Director of Community Planning, Etobicoke York District.

 

5.         Before introducing the necessary Bill to City Council for enactment, City Council require the owner to submit a revised Functional Servicing Report and Servicing Plan satisfactory to the Executive Director, Technical Services Division.

 

6.         Before introducing the necessary Bill to City Council for enactment, City Council require the owner to either obtain a letter of clearance from the Ministry of Transportation of Ontario (MTO), satisfactory to the Executive Director, Technical Services Division, advising the City that MTO has no objections to the proposed driveway, the extension of the sanitary sewer on Eva Road and the water, storm sewer and sanitary sewer service connections to serve the development under lands owned by MTO and the 14‑metre setback from MTO property or make alternate arrangements for water, storm sewer and sanitary sewer connections that are acceptable to the Executive Director, Technical Services Division.

 

7.         City Council direct the General Manager, Parks, Forestry and Recreation Division, to designate $575,000 from the Alternative Parkland Dedication payment to be received from the development at 2, 4 and 6 Eva Road for improvements to West Mall Park.

 

8.         City Council direct the General Manager, Children's Services Division, to redirect any surplus Section 37 public benefits from the proposed development at 2 , 4 and 6 Eva Road for daycare facilities at Eatonville School to daycare facility improvement at the Etobicoke Civic Centre.

 

9.         In the event that the proposed road does not move ahead, City Council reserve its right to further negotiate Section 37 money, if applicable.

 

10.       City Council direct the Chief Planner and Executive Director, City Planning, to report to the April 14, 2009 meeting of the Planning and Growth Management Committee with a recommendation to add to Schedule 2 of the Official Plan the proposed north-south road between Civic Centre Court and Eva Road.

City Council on February 23, 24 and 25, 2009, adopted the following:

 

1.         City Council amend Etobicoke Zoning Code substantially in accordance with the draft Zoning By‑law Amendment attached as Attachment No. 5.

 

2.         City Council authorize the City Solicitor to make such stylistic and technical changes to the draft Zoning By‑law Amendment as may be required.

 

3.         Before introducing the necessary Bills to City Council for enactment, City Council require the owner to:

 

i.          submit a Site Plan Control application for this property and obtain a Notice of Approval Conditions from the Director of Community Planning, Etobicoke York District; and

 

ii.          provide a Noise Attenuation Acoustic fence along the west property line to the rear of the building which shall be secured in a Site Plan Control Agreement.

 

4.         City Council direct the Director, Community Planning, Etobicoke York District, to look at opportunities to increase landscaping treatment along the western (rear) property line and the southern, eastern and northern (side) property lines, to further mitigate noise and light pollution on the adjacent residential property to the rear and surrounding the site, at the site plan review stage of this application.

City Council on February 23, 24 and 25, 2009, adopted the following:

 

1.         City Council approve the request for a variance from the former City of York Sign By-law No. 3369-79, to permit a third-party illuminated LED fascia wall sign with animated and flashing light capabilities at 2387 Weston Road.

City Council on February 23, 24 and 25, 2009, deferred consideration of Item EY24.15 to its next regular meeting on April 29, 2009.

City Council on February 23, 24 and 25, 2009, adopted the following:

 

1.         City Council refuse the request to injure two (2) privately-owned trees located at 189 King Street, to allow construction of a single family dwelling at 191A King Street.

City Council on February 23, 24 and 25, 2009, adopted the following:

 

1.         City Council authorize the preparation of a by‑law for the alteration of St. Clair Avenue West, between Caledonia Road/Caledonia Park Road and Old Weston Road, to allow construction of the Preferred Design Concept identified through the St. Clair Avenue West Transit Improvements Class Environmental Assessment study process. The modifications, generally as shown on Drawing Nos. 421F‑9540, 421F‑9541, and 421F‑9542 dated January 2009, include:

 

a.         construction of a raised, mountable trackbed in the centre of St. Clair Avenue West, between signalized intersections, with curbs as required, for the exclusive use of public transit vehicles and emergency service vehicles, including Police, Fire, and Emergency Medical Services;

 

b.         widening portion of the pavement up to 2.8 metres, on the north and south sides of St. Clair Avenue West between Caledonia Road/Caledonia Park Road and Old Weston Road; and, widening the pavement up to 7 metres for the section on the south side of St. Clair Avenue West between Old Weston Road to just east of Ford Street, generally as shown on Drawing Nos. 421F‑9540, 421F‑9541, and 421F‑9542 dated January 2009; and

 

c.         narrowing the pavement up to 2.1 metres, on St. Clair Avenue West at Caledonia Road (northeast corner), Blackthorn Avenue (northeast and northwest corners), Spring Grove Avenue (southeast and southwest corners), Silverthorn Avenue (northwest side), Cloverdale Avenue (northeast and northwest corners) and Ford Street (southeast and southwest corners) as shown on Drawing Nos. 421F‑9540, 421F‑9541, and 421F‑9542 dated January 2009.

 

2.         City Council authorize the removal of the existing streetcar loading platforms on St. Clair Avenue West, between Caledonia Road/Caledonia Park Road and Old Weston Road, listed in the attached Appendix “A”.

 

3.         City Council authorize the installation of the proposed streetcar loading platforms on St. Clair Avenue West, between Caledonia Road/Caledonia Park Road and Old Weston Road, listed in the attached Appendix “B”.

City Council on February 23, 24 and 25, 2009, adopted the following:

 

1.         City Council enact a “No Parking Anytime” prohibition on the east side of Torbarrie Road from a point 224 metres north of Jethro Road to a point 46 metres further north.

 

2.         City Council enact a “No Parking Anytime” prohibition on the east side of Torbarrie Road from a point 270 metres north of Jethro Road to a point 32 metres further north.

City Council on February 23, 24 and 25, 2009, adopted the following:

 

1.         City Council approve the removal of the on-street parking space for persons with disabilities located on the west side of Dovercourt Road, between a point 172.3 metres north of Geary Avenue and a point 5.5 metres further north.

City Council on February 23, 24 and 25, 2009, adopted the following:

 

1.         City Council designate part or those parts of the private road or roads shown on the site plan filed with the Fire Chief in respect of the municipal addresses set out below as fire routes pursuant to Municipal Code Chapter 880 – Fire Routes - 245 Dalesford Road.

 

2.         City Council authorize the Fire Chief and City Solicitor to take the appropriate action to make a designated Fire Route.

City Council on February 23, 24 and 25, 2009, adopted the following:

 

1.         City Council designate part or those parts of the private road or roads shown on the site plan filed with the Fire Chief in respect of the municipal address set out below as a fire route pursuant to Municipal Code Chapter 880 – Fire Routes - 4100 Dundas Street West.

 

2.         City Council authorize the Fire Chief and City Solicitor to take the appropriate action to make a designated Fire Route.

City Council on February 23, 24 and 25, 2009, adopted the following:

 

1.         City Council for liquor licensing purposes, advise the Alcohol and Gaming Commission of Ontario that the City of Toronto has no objection to the request for:

 

a.         an extension of the liquor licence of the Royal Canadian Legion, 3850 Lake Shore Boulevard West, for a “Beer Garden” on Canada Day, July 1, 2009, from 12:30 p.m. to 5:50 p.m.

City Council on February 23, 24 and 25, 2009, adopted the following:

 

1.         City Council amend Schedule X of By-law No. 31001, of the former City of North York, to delete the 30 minute permitted parking 8:00 a.m. to 5:00 p.m. Monday to Friday on the east side of Faywood Boulevard from a point 121 metres north of the northerly limit of McAllister Road to a point 60 metres south of the southerly limit of Sheppard Avenue West.

 

2.         City Council amend Schedule X of By-law No. 31001, of the former City of North York, to delete the 30 minute permitted parking 8:00 a.m. to 5:00 p.m. Monday to Friday on the east side of Faywood Boulevard from a point 15 metres north of the northerly limit of McAllister Road to a point 46 metres northerly thereof.

 

3.         City Council amend Schedule IX of By-law No. 31001, of the former City of North York, to delete the No Stopping 8:00 a.m. to 5:00 p.m. Monday to Friday on the east side of Faywood Boulevard from a point 61 metres north of the northerly limit of McAllister Road to a point 60 metres northerly thereof.

 

4.         City Council amend Schedule VIII of By-law No. 31001, of the former City of North York, to prohibit parking at anytime on the east side of Faywood Boulevard from a point 60 metres south of Sheppard Avenue West to a point 42 metres southerly thereof.

 

5.         City Council amend Schedule X of By-law No. 31001, of the former City of North York, to install 30 Minute Permit Parking from 8:00 a.m. to 5:00 p.m. Monday to Friday on the east side of Faywood Boulevard from a point 15 metres north of McAllister Road to a point 106 metres north thereof.

City Council on February 23, 24 and 25, 2009, adopted the following:

 

1.         City Council amend the Zoning By-law to permit a music recording and production facility substantially in accordance with the draft Zoning By-law Amendment attached as Attachment No. 6 to the report (January 14, 2009) from the Director, Community Planning, North York District.

 

2.         City Council authorize the City Solicitor to make such stylistic and technical changes to the draft Zoning By-law Amendment as may be required.

City Council on February 23, 24 and 25, 2009, adopted the following:

 

1.         City Council amend the Site Specific Zoning By-law No. 29589 substantially in accordance with the draft Zoning By‑law Amendment in Attachment 5 to the report (January 12, 2009) from the Director, Community Planning, North York District, subject to adding the following Exception Regulation in the Zoning By-law:

 

“(g)      Parking Aisle Width

 

(i)         A parking aisle width of 10.84 m on the east side of the property is permitted.”

 

2.         City Council approve the following additional condition:

 

“That the store washrooms, constructed in accordance with the provisions of the Building Code, be accessible to customers and that signage be provided in accordance with the recommendations of the Executive Director of Municipal Licensing and Standards.”

 

3.         City Council authorize the City Solicitor to make such stylistic and technical changes to draft Zoning By-law Amendment as may be required.

 

4.         City Council approve, in principle, the conditions set out in Attachment 6 to the report (January 12, 2009) from the Director, Community Planning, North York District, the proposal for a second storey addition to the Shoppers Drug Mart, located at 2512‑2540 Bayview Avenue and 291‑311 York Mills Road, as indicated on the plans listed in Attachment 1 to the report (January 12, 2009) from the Director, Community Planning, North York District.

 

5.         City Council delegate back to the Chief Planner or his designate the authority to issue Site Plan Approval and the final Site Plan Approval not be issued until the amending Zoning By-law is in effect.

City Council on February 23, 24 and 25, 2009, adopted the following:

 

1.         City Council refuse the proposed Zoning By-law Amendment application in its present form for the reasons outlined in the report (February 4, 2009) from the Director, Community Council, North York District.

 

2.         City Council authorize City Staff to appear before the Ontario Municipal Board Hearing in support of Part 1, above, and in accordance with the recommended revisions as outlined in the report (February 4, 2009) from the Director, Community Planning, North York District, and the City Solicitor and any other appropriate City Staff be authorized to take such actions as necessary to give effect to the recommendations of the report (February 4, 2009) from the Director, Community Planning, North York District.

 

3.         City Council approve the following revisions in addition to those already outlined in the report (February 4, 2009) from the Director, Community Planning, North York District:

 

a.         that the proposed third floor balconies be setback approximately 15 metres from the rear property line, and that the size be reduced so that they are more in keeping with what is permitted in the adjacent R4 neighbourhood; and

 

b.         that all purchasers be advised that garbage must be stored in the unit.

 

4.         Should the Site Plan Control application be appealed to the Ontario Municipal Board, City Council authorize the City Solicitor and City Staff to appear before the Board in support of the position that the Site Plan Application not be approved in its present form.

 

5.         City Council notes that the applicant has failed to make provision for three-stream garbage collection on Bayview Avenue and residents would, therefore, be required to either haul garbage, recycling and green bin material through their units or wheel it around the entire block.

City Council on February 23, 24 and 25, 2009, adopted the following:

 

1.         City Council authorize the City Solicitor to retain outside Planning Consultants and attend the Ontario Municipal Board Hearing to uphold the City’s By-law and the Committee of Adjustment‘s decisions.

City Council on February 23, 24 and 25, 2009, adopted the following:

 

1.         City Council not support the Regional Municipality of York’s proposal to widen Bayview Avenue from John Street to Major Mackenzie Drive.

City Council on February 23, 24 and 25, 2009, adopted the following:

 

1.         City Council approve the installation of an All-Way Stop Control at Pharmacy Avenue and Pachino Boulevard.

 

2.         City Council pass or amend the appropriate by-law(s) accordingly.

City Council on February 23, 24 and 25, 2009, adopted the following:

 

1.         City Council direct City Facilities and Real Estate staff to work with the Toronto Parking Authority in an attempt to create a parking supply as outlined in Option A (231 spaces) or Option B (332 spaces) of the September 2008 Scarborough Civic Centre Branch Library Conceptual study.

 

2.         City Council request the Toronto Parking Authority to consider constructing a Toronto Parking Authority parking lot as outlined in the September 2008 Scarborough Civic Centre Branch Library Conceptual study.

 

3.         City Council submit the Scarborough Centre Library Branch Proposal to the City Manager as a City of Toronto project for funding under the Federal Infrastructure Program.

City Council on February 23, 24 and 25, 2009, adopted the following:

 

1.         City Council direct the City Solicitor to oppose the original 12‑storey proposal at the upcoming Ontario Municipal Board (OMB) hearing.

 

2.         City Council direct the City Solicitor to support a settlement at the upcoming OMB hearing, based upon the “without prejudice” submission illustrated in Attachments 1, 2, 3 and 4 with the following features and conditions:

 

a.         maximum of 7 storeys as illustrated on the elevation drawings;

 

b.         stepping of heights at the north side of the building to minimize shadow impacts on the neighbourhood to the north, as illustrated on the massing drawings;

 

c.         elimination of balconies in the stepped section of the north wall to reduce overlook of the neighbourhood to the north, as illustrated on the elevation drawings and on the massing drawing;

 

d.         provision of a common outdoor terrace facing northward from the 6th floor, with appropriate screening to prevent overview of the neighbourhood to the north;

 

e.         balconies to have opaque glass screens to reduce overlook;

 

f.          minimum of 95 parking spaces, with 19 for visitors and commercial customers;

 

g.         restaurant uses limited to a total gross floor area of no more than 150 square metres (1,615 square feet);

 

h.         applicant to agree to a Construction Management Plan in accordance with relevant City regulations, to minimize and mitigate construction impacts on neighbouring properties and City streets; and

 

i.          applicant to enter into the City’s standard site plan control agreement addressing matters such as CN Rail’s noise requirements, waste management plan, stormwater management, servicing, loading areas, road widenings, streetscape and landscaping improvements, improved traffic control measures on Scotia Avenue, traffic signal timing optimization and related costs, and any other matters that arise from the detailed technical review of the site plan submission.

 

3.         City Council direct the City Solicitor to request that the OMB withhold its order with respect to the zoning by‑law amendment until such time as the City and the applicant have executed the necessary site plan control agreement and the City has received the associated financial securities.

Speaker Bussin ruled the following original recommendation of the Scarborough Community Council out of order, as City Council has previously directed that until a policy on transit passes for new condominium units is adopted, Council refrain from making ad hoc requests for transit passes:

 

            "applicant to provide free TTC Metropasses for one year to each purchaser of a "car-free" unit;".

City Council on February 23, 24 and 25, 2009, adopted the following:

 

1.         City Council enact a part lot control exemption by-law with respect to the subject lands as generally illustrated on Attachment 1, to be prepared to the satisfaction of the City Solicitor and to expire two years after registration following enactment by City Council.

 

2.         City Council require the owner to provide proof of payment of all current property taxes for the subject lands to the satisfaction of the City Solicitor, prior to the enactment of the part lot control exemption by-law.

 

3.         City Council authorize and direct the City Solicitor to register the part lot control exemption by-law on title.

 

4.         City Council authorize the City Solicitor to make such stylistic and technical changes to the draft part lot control exemption by-law as may be required.

City Council on February 23, 24 and 25, 2009, adopted the following:

 

1.         City Council amend the Official Plan substantially in accordance with the draft Official Plan Amendment attached as Attachment No. 6.

 

2.         City Council amend the Zoning By‑law substantially in accordance with the draft Zoning By‑law Amendment attached as Attachment No. 7.

 

3.         City Council authorize the City Solicitor, in consultation with the Chief Planner and Executive Director of City Planning, to make such stylistic and technical changes to the draft Official Plan and Zoning By‑law Amendments as may be required to give effect to the intent of the recommendations contained in this report.

 

4.         City Council approve the application to demolish the 59 rental housing units located at 51 Grosvenor Street pursuant to Municipal Code Chapters 667 and 363, subject to the following conditions under Chapter 667:

 

a.         the owner of the property make a cash payment to the City in lieu of replacement of the rental housing units in the amount of $300,000 prior to the issuance of the first above grade building permit for a public hospital on Phase 1, to be directed to the Capital Revolving Fund for Affordable Housing;

 

b.         the owner ensure the maintenance of the 59 existing rental dwelling units as rental housing until the earlier of the date such rental building is vacant or January 31, 2010;

 

c.         the owner meet the requirements of the tenant assistance plan as required in Part 8c. below; and

 

d.         the owner enter into an agreement to the satisfaction of the Chief Planner and Executive Director, City Planning Division, which secures the conditions outlined in Part 4.

 

5.         City Council authorize the Chief Planner and Executive Director, City Planning Division, to issue a preliminary approval to the application under Municipal Code Chapter 667 after the satisfaction of the conditions in Part 4, and after:

 

a.         the Official Plan and Zoning By‑law amendments in Parts 1 and 2 have come into full force and effect;

 

b.         the closure and completion of the sale of the existing east‑west public lane to the owner;

 

c.         the issuance of site plan approval for a public hospital by the Chief Planner and Executive Director, City Planning Division, pursuant to Section 114 of the City of Toronto Act, 2006, for Phase 1 of the redevelopment pursuant to the Zoning By‑law Amendment; and

 

d.         the issuance of a first foundation building permit for Phase 1 of the redevelopment pursuant to the Zoning By‑law Amendment.

 

6.         City Council authorize the Chief Building Official to issue a section 111 permit under Municipal Code Chapter 667 after the Chief Planner and Executive Director, City Planning Division, has given the preliminary approval in Part 5.

 

7.         City Council authorize the Chief Building Official to issue a permit under Section 33 of the Planning Act, after the Chief Planner and Executive Director, City Planning Division, has given the preliminary approval in Part 5, which permit may be included in the demolition permit for Chapter 667 under 363‑11.1E, of the Municipal Code.

 

8.         Before introducing the necessary Bills to City Council authorize the appropriate City officials and require the owner to execute one or more agreements pursuant to Section 37 of the Planning Act, and Section 667 of the Municipal Code satisfactory to the Chief Planner and Executive Director, City Planning Division and the City Solicitor. The agreements to be registered on title to the lands in a manner satisfactory to the City Solicitor and to secure the following matters from the owner at its expense:

 

a.         $300,000 to be used for the provision of affordable housing to be paid to the City prior to the issuance of the first above grade building permit for a public hospital on Phase 1 provided in the event that such payment is made after December 31, 2010, the payment shall be increased to reflect any increases in the Construction Price Index from January 1, 2011;

 

b.         the owner shall continue to operate the existing residential rental building located on the lot as rental housing until the earlier of the date such building is vacant or January 31, 2010;

 

c.         The Tenant Assistance Plan:

 

Each tenant receiving notice of termination will be given 150 days’ notice, three months' equivalent cash pay out, return of last month's rent, $500 moving expenses and all applicable interest on deposit together with the following:

 

Tenants who are in occupancy of their units for the following lengths of time will be provided with the following additional compensation:

 

One Year and Greater – will be given one additional month rent free;

 

Between 5 and 10 years – will be given two additional months rent free; and

 

Greater than 10 years – will be given nine months’ rent free, and shall receive a “top‑up” payment equal to the difference in the current monthly market rent of such unit within the building minus the actual amount of monthly rent paid by the tenant multiplied by 12 months (or by a lesser number of months if the tenant vacates their unit after September 1, 2009, but before January 31, 2010).

 

Tenants who depart prior to notice of termination being given shall not receive the compensation package or the moving allowance.

 

d.         be encouraged to build in conformity with the Green Development Standard Checklist submitted by the owner and date stamped as received by the Chief Planner and Executive Director, City Planning Division, on October 1, 2008;

 

e.         an existing east‑west public lane is required to form Part of the lot; prior to Site Plan approval pursuant to Section 114 of the City of Toronto Act, 2006, the owner shall obtain City Council’s approval of the closure and sale of the public lane and shall complete such sale of such lane;

 

f.          provide and thereafter maintain public art in a location on a publicly accessible portion of the lot;

 

g.         comply with any other conditions set forth in the agreement required to ensure the orderly development and phasing of the lands as required by the Chief Planner and Executive Director, City Planning Division, acting reasonably;

 

h.         enter into a Site Plan Agreement to the satisfaction of the Chief Planner and Executive Director, City Planning Division, under Section 114 of the City of Toronto Act, 2006;

 

i.          provide reasonable commercial efforts to obtain LEED certification of the development; and

 

j.          provide and maintain parking in accordance with the approved Temporary Parking Study prepared by the BA Group dated December 11, 2008, subject to such revisions from time to time as may be requested by the owner and approved by the Chief Planner and Executive Director, City Planning Division.

 

9.         City Council notes that the owner has agreed that it will, in addition to the Tenant Assistance matters set forth in the Zoning By-law Amendment and Agreement, provide the tenants eligible to receive the tenant assistance plan with the services of a rental agent, at no cost to them, to assist in finding alternative accommodations, and provide an undertaking to the City Solicitor's satisfaction to so do, prior to the completion of the sale of the public lane.

 

10        City Council direct the Chief Planner and Executive Director, City Planning, to ensure that, as part of the Site Plan process, the arch windows are incorporated into the new development, and that consideration be given to including the columns and portico as well.

 

11.       The owner will submit to the Executive Director of Technical Services for review and acceptance, prior to the issuance of any building permit, a site servicing review to demonstrate how this site will be serviced and whether the existing municipal infrastructure is adequate.

 

12.       The owner will provide for any improvements to the municipal infrastructure in connection with the functional servicing report, as accepted by the Executive Director of Technical Services, should it be determined that upgrades to such infrastructure are required to support this development.

 

13.       City Council authorizes City officials to take all necessary steps, including the execution of agreements and documents, to give effect to the above‑noted recommendations.

City Council on February 23, 24 and 25, 2009, adopted the following:

 

1.         City Council include the property at 15 Beverley Street (Samuel Caplan House) on the City of Toronto Inventory of Heritage Properties.

 

2.         City Council include the property at 27 Beverley Street (James Kelly House) on the City of Toronto Inventory of Heritage Properties.

 

3.         City Council include the property at 29 Beverley Street (Robert Brown Row House) on the City of Toronto Inventory of Heritage Properties.

 

4.         City Council include the property at 31 Beverley Street (Robert Brown Row House) on the City of Toronto Inventory of Heritage Properties.

 

5.         City Council include the property at 33 Beverley Street (Robert Brown Row House) on the City of Toronto Inventory of Heritage Properties.

 

6.         City Council include the property at 35 Beverley Street (Robert Brown Row House) on the City of Toronto Inventory of Heritage Properties.

 

7.         City Council include the property at 37 Beverley Street (Robert Brown Row House) on the City of Toronto Inventory of Heritage Properties.

 

8.         City Council include the property at 39 Beverley Street (Robert Brown Row House) on the City of Toronto Inventory of Heritage Properties.

 

9.         City Council include the property at 45 Stephanie Street (Robert Brown House) on the City of Toronto Inventory of Heritage Properties.

 

10.       City Council include the property at 47 Stephanie Street (Robert Brown House) on the City of Toronto Inventory of Heritage Properties.

City Council on February 23, 24 and 25, 2009, adopted the following:

 

1.         City Council authorize the appropriate staff to extend the contract between the Yonge‑Dundas Square Board of Management and Clear Channel Outdoor (CCO) by two years conditional upon CCO replacing the two existing LED advertising signage units with two technologically upgraded units of the same size; CCO making a one time payment of $15,000; and CCO increasing the minimum annual guaranteed payment during the additional two years of the agreement from 30 to 40 percent of net advertising revenue, or $75,000, whichever is greater.