Item - 2009.GM26.14

Tracking Status

  • City Council adopted this item on November 30, 2009 with amendments.
  • This item was considered by the Government Management Committee on November 9, 2009 and adopted without amendment. It will be considered by City Council on November 30, 2009.

GM26.14 - Transit City - Acquisition of Properties

Decision Type:
ACTION
Status:
Amended
Wards:
8 - York West, 12 - York South-Weston

City Council Decision

City Council on November 30, December 1, 2, 4 and 7, 2009, adopted the following:

 

1.         City Council grant authority to negotiate to acquire and, if necessary, to initiate expropriation proceedings for approximately 46.8 acres of vacant land of the former Kodak site detailed in Appendix “B” of the report (October 20, 2009) from the Chief Corporate Officer for the Eglinton Crosstown LRT Maintenance and Storage Facility.

 

2.         City Council grant authority to negotiate to acquire and, if necessary, to initiate expropriation proceedings, for the property interest detailed in Appendix “C” of the report (October 20, 2009) from the Chief Corporate Officer, for the Finch West LRT Maintenance and Storage Facility.

 

3.         City Council grant authority to the Chief Corporate Officer to serve and publish Notices of Application for Approval to Expropriate, 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

 

4.         City Council delegate to the City Manager authority to approve acquisitions by the City of land for transit projects if the total compensation payable by the City does not exceed $10 million and where the general conditions set out in Appendix “D”, attached to the motion by Councillor Giambrone, have been met.

 

5.         City Council direct that local Councillors be consulted regarding the purchase or lease of land for transit purposes falling within their wards.

 

6.         City Council authorize severally each of the Chief Corporate Officer and the Director of Real Estate Services, to execute the offers, agreements and other relevant documents to give effect to the transaction on behalf of the City.

 

7.         City Council authorize the City Solicitor to complete the transactions provided for in the agreements on behalf of the City, including making payment of any necessary expenses, amending the closing and other dates to such earlier or later date(s), and amending or waiving the terms and conditions, as she may from time to time consider reasonable.

 

8.         City Council authorize the City Solicitor to submit any bills required to implement the foregoing, including all necessary amendments to City of Toronto Municipal Code Chapter 27, Council Procedures, and other chapters in the Municipal Code and other by-laws, generally in accordance with the report recommendations and subject to any necessary technical adjustments.

 

9.         City Council request the Chief Corporate Officer, in consultation with the Chief General Manager, Toronto Transit Commission, to provide an information report to the Executive Committee for its January 4, 2010 meeting, that outlines the feasibility of assembling a number of under-utilized industrial properties in the interior of the employment area as an alternative site for the Maintenance and Storage Facility to accommodate two LRTs.

Background Information (Committee)

Report - Transit City - Acquisition of Properties
https://www.toronto.ca/legdocs/mmis/2009/gm/bgrd/backgroundfile-25003.pdf

Background Information (City Council)

Appendix "D" - General Conditions, attached to the motion by Councillor Giambrone
https://www.toronto.ca/legdocs/mmis/2009/cc/bgrd/backgroundfile-25612.pdf

Motions (City Council)

1 - Motion to Amend Item (Additional) moved by Councillor Frank Di Giorgio (Carried)

That the Chief Corporate Officer, in consultation with the Chief General Manager, Toronto Transit Commission, be requested to provide an information report to the Executive Committee for its January 4, 2010 meeting, that outlines the feasibility of assembling a number of under-utilized industrial properties in the interior of the employment area as an alternative site for the Maintenance and Storage Facility to accommodate two LRTs.


2 - Motion to Amend Item (Additional) moved by Councillor Adam Giambrone (Carried)

That:

 

1.         City Council delegate to the City Manager authority to approve acquisitions by the City of land for transit projects if the total compensation payable by the City does not exceed $10 million and where the general conditions set out in Appendix “D” to this motion have been met.

 

2.         City Council direct that local Councillors be consulted regarding the purchase or lease of land for transit purposes falling within their wards.

 

3.         Each of the Chief Corporate Officer and the Director of Real Estate Services be authorized severally to execute the offers, agreements and other relevant documents to give effect to the transaction on behalf of the City.

 

4.         The City Solicitor be authorized to complete the transactions provided for in the agreements on behalf of the City, including making payment of any necessary expenses, amending the closing and other dates to such earlier or later date(s), and amending or waiving the terms and conditions, as she may from time to time consider reasonable.

 

5.         City Council authorize the City Solicitor to submit any bills required to implement the foregoing, including all necessary amendments to City of Toronto Municipal Code Chapter 27, Council Procedures, and other chapters in the Municipal Code and other by-laws, generally in accordance with the report recommendations and subject to any necessary technical adjustments.


Motion to Adopt Item as Amended (Carried)

Vote (Adopt Item as Amended) Dec-07-2009 4:12 PM

Result: Carried Majority Required - GM26.14 - Adopt Item, as amended
Total members that voted Yes: 32 Members that voted Yes are Brian Ashton, Maria Augimeri, Sandra Bussin (Chair), Shelley Carroll, Raymond Cho, Janet Davis, Glenn De Baeremaeker, Frank Di Giorgio, John Filion, Paula Fletcher, Adam Giambrone, Mark Grimes, Suzan Hall, A.A. Heaps, Cliff Jenkins, Norman Kelly, Chin Lee, Giorgio Mammoliti, Pam McConnell, Joe Mihevc, Peter Milczyn, David Miller, Ron Moeser, Howard Moscoe, Frances Nunziata, Cesar Palacio, John Parker, Gord Perks, Bill Saundercook, Karen Stintz, Adam Vaughan, Michael Walker
Total members that voted No: 2 Members that voted No are Mike Del Grande, Doug Holyday
Total members that were Absent: 11 Members that were absent are Paul Ainslie, Mike Feldman, Rob Ford, Gloria Lindsay Luby, Denzil Minnan-Wong, Case Ootes, Joe Pantalone, Anthony Perruzza, Kyle Rae, David Shiner, Michael Thompson

GM26.14 - Transit City - Acquisition of Properties

Decision Type:
ACTION
Status:
Adopted
Wards:
8 - York West, 12 - York South-Weston

Committee Recommendations

The Government Management Committee recommends that:

 

1.         City Council grant authority to negotiate to acquire and, if necessary, to initiate expropriation proceedings for approximately 46.8 acres of vacant land of the former Kodak site detailed in Appendix “B” of the report (October 20, 2009) from the Chief Corporate Officer for the Eglinton Crosstown LRT Maintenance and Storage Facility.

 

2.         City Council grant authority to negotiate to acquire and, if necessary, to initiate expropriation proceedings, for the property interest detailed in Appendix “C” of the report (October 20, 2009) from the Chief Corporate Officer, for the Finch West LRT Maintenance and Storage Facility.

 

3.         City Council grant authority to the Chief Corporate Officer to serve and publish Notices of Application for Approval to Expropriate, 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.

Origin

(October 20, 2009) Report from the Chief Corporate Officer

Summary

The Toronto Transit Commission (“TTC”) endorsed the Transit City Light Rail Plan (“Transit City”) at its meeting on March 21, 2007.  Transit City consists of seven new rapid and environmentally sustainable light rail transit (LRT) lines that will, once completed, provide a network of fast and reliable transit throughout the City of Toronto.

 

In order to ensure the safe and reliable operation of the LRT lines, four new maintenance and storage facilities (MSF)’s are required.  Given the commonly encountered long lead time in obtaining possession of suitable transit property and completing the prerequisite approvals, design and construction activities, Real Estate Services seeks authority from Council to negotiate and if necessary, initiate expropriation proceedings for two of the new MSF’s.

Financial Impact

City Council, at its meeting on December 10, 2008, approved $17.1 million in funding to cover the first quarter of 2009 for Transit City projects in the 2009-2013 Approved Capital Plan, bringing total Transit City funding approved by City Council to $29.9 million.

 

On April 1, 2009, the Provincial Government, announced funding of approximately $9 Billion to move forward on major public transit projects in the GTA, subject to environmental and other approvals.  This announcement included provincial funding for the Eglinton Crosstown LRT, Finch West LRT and the Scarborough Rapid Transit Line (SRT), including the cost of the required MSF’s. The final costs for the projects are to be determined by Metrolinx and the TTC and the construction start and completion dates are subject to environmental and other approvals.

 

Subsequently, on May 9, 2009, the Provincial Government, together with the Federal Government, announced funding of approximately $950 Million for the Sheppard East LRT.  The City is currently finalizing a Memorandum of Agreement (MOA) with Metrolinx to provide funding for the remainder of 2009 to facilitate continued progress on the funded Transit City lines. 

 

City Council, at its meeting on September 30 and October 1, 2009,  approved capital funding  of $134.5 million for Transit City forecast expenditures and commitments to the end of 2009 to continue the planning, design and property acquisition, contract commitments and construction of the Sheppard East LRT, Finch West LRT, Eglinton-Crosstown LRT and the Scarborough RT projects. 

 

The cost estimate for the acquisition or expropriation of the properties necessary for the LRT MSF’s has not yet been finalized.    The detailed source and amount of funding will form part of a subsequent report to Committee and Council seeking authorization for the acquisitions either through negotiation or, if required, by expropriation. 

 

The Deputy City Manager and Chief Financial Officer has reviewed this report and agrees with the financial impact information.

Background Information

Report - Transit City - Acquisition of Properties
https://www.toronto.ca/legdocs/mmis/2009/gm/bgrd/backgroundfile-25003.pdf

Speakers

Councillor Frances Nunziata, Ward 11, York-South Weston
Councillor Giorgio Mammoliti, Ward 7, York West
Source: Toronto City Clerk at www.toronto.ca/council