Members of Council and Staff:  Please keep this agenda and the accompanying material until the City Council meeting dealing with these matters has ended.  The City Clerk’s Office will not provide additional copies.

Special Assistance for Members of the Public:  City staff can arrange for special assistance with some advance notice. If you need special assistance, please call 416-394-8101, TTY 416-338-0889 or e-mail etcc@toronto.ca.

Closed Meeting Requirements:  If the Etobicoke York Community Council wants to meet in closed session (privately), a member of the committee must make a motion to do so and give the reason why the Committee has to meet privately. (City of Toronto Act, 2006).

Notice to people writing or making presentations to the Etobicoke York Community Council: The City of Toronto Act, 2006 and the City of Toronto Municipal Code authorize the City of Toronto to collect any personal information in your communication or presentation to City Council or its committees.

The City collects this information to enable it to make informed decisions on the relevant issue(s). If you are submitting letters, faxes, e-mails, presentations or other communications to the City, you should be aware that your name and the fact that you communicated with the City will become part of the public record and will appear on the City’s website. The City will also make your communication and any personal information in it – such as your postal address, telephone number or e-mail address – available to the public, unless you expressly request the City to remove it.

The City videotapes committee and community council meetings. If you make a presentation to a committee or community council, the City will be videotaping you and City staff may make the video tapes available to the public.

If you want to learn more about why and how the City collects your information, write to the City Clerk's Office, City Hall, 100 Queen Street West, Toronto ON M5H 2N2 or by calling 416-394-8101.

 Timed Items

10:00 a.m.        EY37.1, EY37.14, EY37.23

10:30 a.m.        EY37.29

10:45 a.m.        EY37.24, EY37.25, EY37.26

11:00 a.m.        EY37.30 

 Introduction and Enactment of General Bills and Bill to Confirm the Proceedings of Community Council will be last items.

Declarations of Interest under the Municipal Conflict of Interest Act

Confirmation of Minutes – April 27, 2010

Speakers/Presentations – A complete list will be distributed at the meeting.

The City Solicitor recommends that Etobicoke York Community Council:

1.         Enact the draft By-law.

To name the proposed private lane at 5145 Dundas Street West as “Summerland Terrace”.

The Director of Business Services recommends that:

1.            Etobicoke York Community Council approve the deletion of Weston Village BIA Board of Management members as set out in Attachment 1.

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

The purpose of this report is to recommend Etobicoke York Community Council approve the deletion of two members from the Weston Village BIA Board of Management. The Etobicoke York Community Council has delegated authority to make final decisions regarding BIA appointments.

There are no financial implications resulting from the adoption of this report.

This report informs Community Council on the progress being made toward the development of a Public Space/Streetscape Plan for the Etobicoke Centre.

Provision has been made in the approved 2010 City Planning Division capital budget for this project. 

The City Planning Division recommends that:

1.            City Council approve amendments to the Section 37 Agreement dated June 23, 2004, for the lands at 1286-1294 Islington Avenue and 15-19 Cordova Avenue, such that the owner of the two existing rental apartment buildings, known municipally as 1286 and 1294 Islington Avenue, will be solely responsible for the obligations respecting retention of the rental apartment buildings.

2.            City Council authorize the City Solicitor to prepare an amendment to the existing Section 37 agreement, generally in accordance with the draft revisions attached to this report as Attachment 2, and in a form satisfactory to the City Solicitor; and take the necessary steps to have the executed agreement registered on title.

The owner has made a request to amend the existing Section 37 Agreement for the lands at 1286-1294 Islington Avenue and 15-19 Cordova Avenue. The site was split into two parts through a severance application approved in September, 2009. The owner wishes to have the rental housing obligations of the Section 37 Agreement only apply to the site at 1286 and 1294 Islington Avenue.

The recommendations in this report have no financial impact.

The City Planning Division recommends that:

1.              City Council direct the Director of Community Planning, Etobicoke York District, to issue notice for the Statutory Public Meeting according to the regulations under the  Planning Act, to be held as part of the June 22 Etobicoke York Community Council meeting.

This application is a City-initiated amendment to the former City of Etobicoke Zoning Code for 315-325 Dalesford Road.  This amendment responds to Council’s direction to amend Site Specific By-law 862-2007 to allow for driveway widths of up to eight metres at the curb for driveways leading to two townhouse units.

The recommendations in this report have no financial impact.

The City Planning Division recommends that:

1.            City Council amend the former City of Etobicoke Zoning Code as amended by Site Specific By-law 346-2010 substantially in accordance with the draft Zoning Bylaw Amendment for the lands at 20 and 22 Marina Avenue and 3563 Lake Shore Boulevard West, as described in this report. 

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

This zoning amendment application proposes to remove the (H) holding symbol from the south portion of the property at 20 and 22 Marina Avenue and 3563 Lake Shore Boulevard West to permit the development of two 3-storey multiple unit residential buildings, each containing five dwelling units, in accordance with Zoning By-law 346-2010. 

The recommendations in this report have no financial impact.

The City Planning Division recommends that:

1.            Staff be directed to schedule a community consultation meeting together with the Ward Councillor for the lands at 636 Evans Avenue.

2.            Notice for the community consultation meeting be given to landowners and residents within 120 metres of the site.

3.            Notice for the public meeting under the Planning Act be given according to the regulations under the Planning Act.

This application proposes to permit the construction of 45 townhouse units at 636 Evans Avenue.

This report provides preliminary information on the above-noted application and seeks Community Council's directions on the further processing of the application and on the community consultation process.

The recommendations in this report have no financial impact.

The City Planning Division recommends that:

1.            Staff be directed to schedule a community consultation meeting together with the Ward Councillor for the lands at 2686 Lake Shore Boulevard West.

2.            Notice for the community consultation meeting be given to landowners and residents within 120 metres of the site.

3.            Notice for the public meeting under the Planning Act be given according to the regulations under the Planning Act.

This application proposes the construction of a three-storey, 20-unit, stacked residential townhouse development at 2686 Lake Shore Boulevard West.

The recommendations in this report have no financial impact.

The City Planning Division recommends that:

1.            City Council approve the Humber Bay Shores Landowners Precinct Plan as generally illustrated in Attachment 1, subject to such minor modifications to servicing, grading and implementation matters as may arise in the course of preparing the agreement referred to in Recommendation 2.

2.            City Council authorize the entering into of a financially secured agreement between the City and the property owners making up the Humber Bay Shores Landowners Group to implement the Humber Bay Shores Landowners Precinct Plan, such agreement to be to the satisfaction of the City Solicitor in consultation with the Director of Community Planning, Etobicoke York District, and the Executive Director of Technical Services.

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

This report provides information as to the status of the Precinct Plan submission, seeks City Council’s approval of the Precinct Plan and seeks Council’s authorization for Staff to address further matters relating to technical issues and implementation measures of the Precinct Plan.

The recommendations in this report have no financial impact.

Transportation Services recommends that Etobicoke York Community Council approve:

1.            Installing all-way STOP controls at the intersection of Humber College Boulevard and Carrier Drive.

The purpose of this report is to present the results of an investigation for installing all-way STOP controls at the intersection of Humber College Boulevard and Carrier Drive. A staff assessment concludes that the warrant criteria for installing all-way STOP controls at this location are achieved.

Transportation Services recommends that Etobicoke York Community Council approve:

1.            Installing a STOP control on Kinloss Road at Kennebec Crescent.

The purpose of this report is to recommend installing a STOP control at the west approach to the Kinloss Road/Kennebec Crescent intersection.

Transportation Services recommends that Etobicoke York Community Council approve:

1.            Implementing and rescinding the parking regulations on Queen Elizabeth Boulevard, as described in Appendix A.

The purpose of this report is to obtain approval to remove a portion of the No Parking Anytime regulation on both sides of Queen Elizabeth Boulevard, to allow for overflow parking on the street during special events, primarily at Great Lakes Brewery (30 Queen Elizabeth Boulevard). 

Transportation Services recommends that Etobicoke York Community Council approve:

1.            Authorizing the City Clerk to conduct a survey of eligible residents on Shaver Avenue North, between Bloor Street West and Burnhamthorpe Road, to determine public support for the proposed speed hump plan.

2.            Subject to favourable survey results,

a.            The City Solicitor prepare a by-law to alter sections of the roadway on Shaver Avenue North, between Bloor Street West and Burnhamthorpe Road, for traffic calming purposes, generally as shown on the attached Drawing EY10-043, dated April 2010, and circulated to residents through the survey process; and,

b.            Transportation Services take the necessary actions to reduce the speed limit from 40 km/h to 30 km/h on Shaver Avenue North, between Bloor Street West and Burnhamthorpe Road, when the speed humps are installed.

The purpose of this report is to describe the results of an investigation into a request for speed humps on Shaver Avenue North. A staff assessment concludes that the criteria for installing speed humps are met on Shaver Avenue North, between Bloor Street West and Burnhamthorpe Road.

Transportation Services recommends that Etobicoke York Community Council:

1.            Not authorize installing speed humps on MacDonald Avenue, between Rosemount Avenue and Jane Street.

This report summarizes the results of the traffic calming survey undertaken between March 8, 2010 and April 6, 2010, for owners and residents on MacDonald Avenue, between Rosemount Avenue and Jane Street. The survey exhibits a response rate of just 40 per cent. As a result, installing speed humps is not recommended since the minimum survey response rate of greater than 50 per cent is not achieved.

Adopting this report has no financial impact; however, if Community Council decides to approve installing speed humps on MacDonald Avenue, between Rosemount Avenue and Jane Street, the following financial impact results:

1.            The estimated cost for installing approximately nine (9) speed humps will be $27,000.00. This will be accommodated within funds allocated by City Council as part of the Transportation Capital Budget, subject to competing priorities and funding availability.

Transportation Services recommends that the Etobicoke York Community Council approve:

1.            Rescinding the existing “No Standing Anytime” regulation on both sides of Seneca Avenue from Weston Road to 49.0 metres further west.

2.            Implementing a “No Stopping Anytime” regulation on both sides of Seneca Avenue, from Weston Road to 49.0 metres further west.

The purpose of this report is to propose a “No Stopping Anytime” regulation on both sides of Seneca Avenue, from Weston Road to 49.0 metres further west. This is to deter vehicles from parking on this section of Seneca Avenue. These parked vehicles obstruct visibility for other road users and contribute to traffic congestion, on Seneca Avenue.

Transportation Services recommends that Etobicoke York Community Council approve:

1.            Enacting a 40 km/h maximum speed limit on Birdstone Crescent, from Weston Road (north) to Weston Road (south).

The purpose of this report is to obtain approval to reduce the speed limit on the entire length of Birdstone Crescent.

Transportation Services recommends that Etobicoke York Community Council:

1.            Not authorize installing speed humps on Falstaff Avenue, between Culford Road and Keele Street.

This report summarizes the results of the traffic calming survey undertaken between August 31 and September 29, 2009, for owners and occupants on Falstaff Avenue, between Culford Road and Keele Street.  The survey exhibits a response rate of just 48 percent.  As a result, installing speed humps is not recommended since the minimum survey response rate of greater than 50 per cent is not achieved.

Adopting this report has no financial impact; however, if Community Council decides to approve installing speed humps on Falstaff Avenue, between Culford Road and Keele Street, the following financial impact results:

1.            The estimated cost for installing approximately eight (8) speed humps will be $24,000.00.  This will be accommodated within funds allocated by City Council as part of the Transportation Capital Budget, subject to competing priorities and funding availability.

Transportation Services recommends to Etobicoke York Community Council that:

1.            An all-way STOP control not be installed at the intersection of Falstaff Avenue and Erie Street.

2.            An all-way STOP control not be installed at the intersection of Falstaff Avenue and Blue Springs Road.

The purpose of this report is to present the results of two studies regarding the installation of an all-way STOP control at the intersections of Falstaff Avenue and Erie Street; and Falstaff Avenue and Blue Springs Road.

Adopting this report has no financial impact; however, if Community Council decides to approve installing either one or both all-way STOP controls at the above-noted locations, the estimated cost is $400.00 for each location. Financing is available through the Transportation Services Operating Budget.

Transportation Services recommends that City Council:

1.            Approve installing on-street parking stalls for persons with disabilities at the locations identified in the attached Appendix A.

The purpose of this report is to obtain approval for installing on-street parking stalls for persons with disabilities on a number of streets.

Transportation Services recommends that Council approve:

1.            Rescinding the northbound “Do Not Enter” prohibition on Robina Avenue, at a point 102 metres north of St. Clair Avenue West.

2.            Enacting a westbound “No Right Turn” prohibition from St. Clair Avenue West to Robina Avenue.

The purpose of this report is to obtain approval to introduce a westbound No Right Turn prohibition from St. Clair Avenue West to Robina Avenue. While installing this right turn prohibition, the northbound “Do Not Enter” prohibition located 102 metres north of St. Clair Avenue West will be removed.

Transportation Services recommends that Etobicoke York Community Council approve:

1.            The alterations and modifications on O’Leary Avenue, as shown in Appendix A, and generally as shown on the attached drawings.

The purpose of this report is to recommend enacting a highway alteration by-law related to the installation of a new portion of sidewalk as well as the widening of the existing sidewalk on the north side of O’Leary Avenue between Oakwood Avenue and Glenholme Avenue.

All costs, estimated to be $287,850.00, associated with the installation of the sidewalk, including the relocation of poles, is included in the 2011 Sidewalk Installation budget.

Transportation Services recommends that:

1.            Etobicoke York Community Council approve installing and removing on-street parking stalls for persons with disabilities at the locations identified in the attached Appendix A.

The purpose is to obtain approval for the installation/removal of a number of on-street parking stalls for persons with disabilities.

Transportation Services recommends that Etobicoke York Community Council:

1.            Approve the introduction of a one-hour maximum parking regulation from 8:00 a.m. to 6:00 p.m. on the east and west sides of Bartlett Avenue North, from Geary Avenue to a point 29.2 metres further south.

Transportation Services is requesting approval to introduce a one-hour maximum parking regulation from 8:00 a.m. to 6:00 p.m. on the east and west sides of Bartlett Avenue North, from Geary Avenue to a point 29.2 metres further south.

Transportation Services recommends that Etobicoke York Community Council:

1.            Refuse the application for front yard parking at 241 Nairn Avenue.

The purpose of this report is to inform Etobicoke York Community Council on an application for front yard parking at 241 Nairn Avenue. This application is an appeal and is scheduled as a deputation item.

There are no financial implications resulting from adopting this report.

In its meeting on February 9, 2010, the Etobicoke York Community Council requested the District Manager, Municipal Licensing and Standards, Etobicoke York District, to report to the Etobicoke York Community Council on the following aspects of store front personal loan businesses within the Etobicoke York District:

1.            The nature and operation of this type of business.

2.            The extent of federal, provincial and/or municipal regulations applying to the operation of this type of business.

3.            Issues of a municipal nature arising from operation of this type of business.

There will be no financial implications resulting from the adoption of this report.

The Municipal Licensing and Standards recommends the Etobicoke York Community Council:

1.            Receive the information report.

2.            Direct the Director of Licensing Unit, Municipal Licensing and Standards, to conduct an investigation and report on the Payday Loan Offices that may be involved in pawning or purchase of old gold or other second hand goods that may require a business licence under Chapter 545 of Toronto Municipal Code, Licensing.

3.            Specify the location(s) for the investigation.

In its meeting on February 9, 2010, the Etobicoke York Community Council requested the District Manager, Municipal Licensing and Standards, Etobicoke York District, to report to the Etobicoke York Community Council on the following aspects of store front personal loan businesses within the Etobicoke York District:

1.            The nature and operation of this type of business.

2.            The extent of federal, provincial and/or municipal regulations applying to the operation of this type of business.

3.            Issues of a municipal nature arising from operation of this type of business.

There will be no financial implications resulting from the adoption of this report.

Municipal Licensing and Standards recommends that:

1.             Etobicoke York Community Council deny the request for the fence exemption at 101 Silverhill Drive, based on non-compliance with Chapter 447, Toronto Municipal Code, Fences.

This report is in regard to an application for a fence exemption to the Toronto Municipal Code, Chapter 447 - Fences at 101 Silverhill Drive whereby the property owner is applying to maintain existing as well as erect proposed fencing in the rear and side yards that are and will be, respectively, in violation of the Fence By-law respectively, for which the Etobicoke York Community Council has delegated authority from City Council to make a final decision.

There are no financial implications resulting from the adoption of this report.

Municipal Licensing and Standards recommends that:

1.            Etobicoke York Community Council deny the request for the fence exemption at 103 Silverhill Drive, based on non-compliance with Chapter 447, Toronto Municipal Code, Fences.

This report is in regard to an application for a fence exemption to the Toronto Municipal Code, Chapter 447 - Fences at 103 Silverhill Drive whereby the property owner is applying to maintain existing fencing in the rear and side yards that are in violation of the Fence By-law respectively, for which the Etobicoke York Community Council has delegated authority from City Council to make a final decision.

There are no financial implications resulting from the adoption of this report.

Municipal Licensing and Standards recommend that Etobicoke York Community Council approve the application to maintain the encroachment at 537 Keele Street within the rear laneway allowance, subject to the following conditions:

1.            The City Solicitor be authorized to prepare an Encroachment Agreement for the existing encroachment.

2.            The owner shall enter into an Encroachment Agreement with the City of Toronto and pay all fees associated with the preparation of the agreement. Should an annual fee be charged in the future, the owner shall be responsible for payment of all fees plus applicable taxes, which are subject to change.

3.            The signed agreement to be returned to the City with the required Certificate of Insurance, evidencing a third party bodily injury and property insurance in the amount of Two Million Dollars ($2, 000,000.00) or such other coverage and greater amount as the City may require, and naming the City of Toronto as an additional insured party under the policy. The Certificate of Insurance shall be renewed on an annual basis for the life of the encroachment.

4.            The owner shall maintain the encroachment in compliance with all requirements set out in the former City of Toronto Municipal Code, Chapter 313, Streets and Sidewalks, as amended.

To report on an application submitted by the owner at 537 Keele Street for an Encroachment Agreement for permission to maintain an existing 1.65 metre high chain link metal fence within the rear laneway road allowance, for which the Etobicoke York Community Council has delegated authority from City Council to make a final decision. The encroaching area within the laneway measures 83.84 square metres, (1.52 metres by 55.16 metres).

There are no financial implications resulting from the adoption of this report.

Municipal Licensing and Standards recommend that Etobicoke York Community Council approve the application for the existing encroachments at 34 Feltham Avenue within the road allowance, subject to the following conditions:

1.            The City Solicitor be authorized to prepare an Encroachment Agreement for the proposed encroachment.

2.            The owner enters into an Encroachment Agreement with the City of Toronto and pays all fees associated with the preparation of the agreement. Should annual fees be charged in the future, the owner shall be responsible for payment of the fees, which may be subject to change.

3.            The signed Agreement is to be returned to the City with the required Certificate of Insurance, evidencing a third party bodily injury and property damage insurance in the amount of Two Million Dollars ($2,000,000.00) or such other coverage and greater amount as the City may require, and naming the City of Toronto as an additional insured party under the policy. The Certificate of Insurance shall be renewed on an annual basis for the life of the encroachments.

4.            Maintain encroachment(s) in compliance with all applicable municipal regulations including the former City of York’s Municipal Code, Chapter 1004.

This report is in regard to an application for an Encroachment Agreement to maintain existing stone retaining wall complete with a wrought iron fence on top and stone columns with an attached wood beam within the Feltham Avenue road allowance at 34 Feltham Avenue, for which the Etobicoke York Community Council has delegated authority from City Council to make a final decision. The total area of encroachments is approximately 53.06 square metres, (12.17 metres by 4.38 metres).

There are no financial implications resulting from the adoption of this report.

To report on the monitoring of the business activities and to determine the feasibility of laying by-law charges against 101 Union Street, operating as “Hard Rock and Santos Excavating and Neon Disposal Limited”,  for excessive noise and violent shaking of nearby residential homes and requested the Ministry of the Environment to investigate the environmental and health concerns of the community.

There are no financial implications resulting from the adoption of this report.

The General Manager of Parks, Forestry and Recreation recommends that:

1.            City Council deny the request for a permit to remove one (1) privately-owned tree at 34 Aldgate Avenue.

The report requests that City Council deny the request to remove a privately-owned tree, located at 34 Aldgate Avenue. The applicant has requested permission to remove the tree to accommodate the construction of a new garage.

There are no financial implications resulting from the adoption of this report.

Toronto Fire Services recommends that:

1.            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 be designated as a fire route pursuant to Municipal Code Chapter 880 – Fire Routes – 1640 Lawrence Avenue West.

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

To obtain Council approval for the amendment of the Fire Route By-law to designate certain locations as fire routes within the meaning of City of Toronto Municipal Code Chapter 880, as amended.

Fire Services uses designated fire routes as a key mechanism in regulating fire prevention, including the prevention of spreading of fires and the delivery of fire protection services.

There are no financial implications associated with this report.

Transportation Services recommends that Etobicoke York Community Council:

1.            Not authorize installing speed humps on Bicknell Avenue, between Rogers Road and Eglinton Avenue West.

This report summarizes the results of the traffic calming survey undertaken between November 6 and December 7, 2009, for owners and occupants on Bicknell Avenue, between Rogers Road and Eglinton Avenue West.  The survey exhibits a response rate of just 42 per cent.  As a result, installing speed humps is not recommended since the minimum survey response rate greater than 50 per cent is not achieved.

Adopting this report has no financial impact; however, if Community Council decides to approve installing speed humps on Bicknell Avenue, between Rogers Road and Eglinton Avenue West, the following financial impact results:

1.            The estimated cost for installing approximately seven speed humps will be $21,000.00.  This will be accommodated within funds allocated by City Council as part of the Transportation Capital Budget, subject to competing priorities and funding availability.

1.            That Etobicoke York Community Council approve a special permit to the Rotary Club for their 2010 Canada Day event, and allow the placement of signage, providing that they are removed within 12 hours of the event’s closure; and that the Rotary Club submit a list of signage locations and it be reviewed in advance with Staff, to ensure that any sightline issues are resolved.

The Rotary Club of Etobicoke has held their annual Ribfest event for the past ten years and direct 100% of the proceeds to local charities.  It is one of the largest Canada Day celebrations and is host to over 150,000 during the four day event.

Transportation Services recommends that Etobicoke York Community Council approve:

1.            reducing the speed limit on Cross Street, between Church Street and Coulter Avenue, from 50 km/h to 40 km/h.

This report summarises the results of our investigation into reducing the posted speed limit on Cross Street, between Church Street and Coulter Avenue, from 50 km/h to 40 km/h.

Transportation Services recommends that Etobicoke York Community Council not approve:

1.            Installing a pedestrian crossover on Emmett Avenue, in the vicinity of the driveway to York Humber High School driveway, at 100 Emmett Avenue.

The purpose of this report is to provide the results of an assessment for the need to install a pedestrian crossover on Emmett Avenue, in the vicinity of York Humber High School, at 100 Emmett Avenue.

There are no financial implications resulting from the adoption of this report. 

Seeking endorsement of various events for liquor licensing purposes.

That the Etobicoke York Community Council:

1.            Formally object to the liquor license application for 1861 Eglinton Avenue West.

The establishment municipally known as 1861 Eglinton Avenue West is applying for a liquor license (AGCO File Number: 91381; Application Number: 211393).

The Etobicoke York Community Council:

1.            Request staff to investigate the proposal as outlined in the petition and report back to the next Community Council with recommendations.

A petition has been received from a group of Toronto residents, referred to as “Friends of Jean Augustine”.  The petition requests that the Park currently referred to as Newport Beach Park, part of the Humber Bay Shores Park System, which runs between Lake Shore Boulevard West and Marine Parade Drive, be given the name Jean Augustine Park.

That the City of Toronto Transportation Division (Traffic Operations) negotiate a cost-sharing agreement with the Region of York for the installation of semi-actuated detector traffic control signals at Gihon Springs Road and Steeles Avenue West.

That City staff report to the Etobicoke York Community Council on the outcome of negotiations

Local residents have expressed the need for traffic control signals at the intersection of Steeles Avenue West and Gihon Spring Drive as it is dangerous to turn onto a main arterial with heavy vehicular volumes on Steeles Avenue West.

Municipal Licensing and Standards recommend that Etobicoke York Community Council approve the application for the existing retaining wall in front of 287 Armadale Avenue that is encroaching on the municipal road allowance subject to the following conditions:

1.            The City Solicitor to be authorized to prepare the Encroachment Agreement.

2.            The owners to obtain and maintain public liability (personal injury and property damage) insurance during the term of this Agreement in respect of the encroachments in the amount of at least one Million Dollars ($1,000,000.00). The owners to supply the City of Toronto with a certificate confirming that such insurance is in force upon execution of this Agreement and from time to time as required by the City of Toronto.

3.            The owners to pay the City of Toronto all fees associated with the preparation of this agreement and pay an annual fee, plus GST, or HST as applicable, for the use of the road allowance, should that be imposed in future. All fees are subject to change.

4.            The owners to maintain in good condition and free from hazards at all times the retaining wall as well as the adjacent lawn and interlock driveway on Armadale Avenue road allowance.

5.            The owners to comply with the regulations set out in Chapter 313 of the former City of Toronto Municipal Code, Streets and Sidewalks.

This report is in regard to an application submitted by David Brown Associates, Development and Land Use Consultants acting on behalf of the property owners, for an Encroachment Agreement to maintain the existing concrete block retaining wall located in front of 287 Armadale Avenue within the municipal road allowance, for which the Etobicoke York Community Council has delegated authority from City Council to make a final decision.

There are no financial implications resulting from the adoption of this report.