Item - 2012.TE12.72

The Toronto and East York Community Council:

1.         Approved the alteration of Market Street, from Front Street East to The Esplanade, to allow for a road narrowing with a flexible boulevard for lay-by parking during the winter and the potential for patios during the summer, generally as shown in Drawing No. 421G-0531, dated December 2011 and attached to the report from the Director of Transportation Services, Toronto and East York District, dated December 16, 2011.

2.         Approved the construction of a flexible boulevard along the frontage of 8-12 Market Street, and the flankages of 87 Front Street East and 118 The Esplanade, which will extend from the west street line of Market Street, to 5.3 metres east thereof including the construction of a continuous trench drain in the roadway and the provision of moveable bollards, subject to the property owner entering into an encroachment agreement with the City of Toronto, agreeing to but not limited to the following:

a.         Indemnify the City from and against all actions, suits, claims or demands and from all loss, costs, damages and expenses that may result from such permission granted and providing of an insurance policy for such liability for the lifetime of the Agreement in a form as approved by the Deputy City Manager and Chief Financial Officer and in the amount not less than $2,000,000 or such greater amount as the Deputy City Manager and Chief Financial Officer may require.

b.         Design and construct the flexible boulevard, continuous trench drain, at their own expense and to the satisfaction of the General Manager, Transportation Services and not make any additions or modifications to the encroachment beyond what is allowed under the terms of the Agreement.

c.         Prepare an Operations Plan acceptable to the General Manager, Transportation Services regarding how the applicant will implement the semi-annual changes to the bollard placement, including notice provisions to the City.

d.         Be responsible for the timely repair/replacement of damaged bollards to the satisfaction of the General Manager, Transportation Services.

e.         Pay for the costs of preparing the Agreement and the registration of the Agreement on title.

f.          In the event that the City requires the removal of the flexible boulevard, the owner is responsible for restoring the area affected to its former condition with City of Toronto standard concrete curb and sidewalk, or alternatively, pay the costs for the work of restoration if the work is carried out by the City.

g.         Satisfy all conditions of approval provided by Toronto Water and Technical Services and any further requirements they may have.

h.         Clearances from all utility companies are to be obtained prior to the commencement of any work within the public right of way.

i.          Accept such additional conditions as the City Solicitor or the General Manager of Transportation Services may deem necessary in the interest of the City.

3.         Requested Legal Services to prepare, execute and arrange to register the Encroachment Agreement.

4.         Approved the following regulation changes, upon completion of construction:

a.         Rescind the "No Parking Anytime" regulation on the west side of Market Street, between a point 27.7 metres south of Front Street East and a point 22.7 metres further south.

b.         Amend the pay-and-display parking regulation on the west side of Market Street, between Front Street East and The Esplanade, to be in effect from December 1 of one year until March 30 of the next following year.

c.         Prohibit stopping at all times on the west side of Market Street, between Front Street East and The Esplanade, from April 1 until November 30.

This staff report is about a matter for which the Community Council has delegated authority from City Council to make a final decision.

Transportation Services is seeking authority to alter Market Street, between Front Street East and The Esplanade.  The sidewalk on the southwest corner of Market Street and Front Street East, and on the northwest corner of Market Street and The Esplanade, will be extended easterly and the pavement will be narrowed to 6.0 metres.  On the west side of Market Street, for its full length, the sidewalk treatment will be extended out to meet the pavement, with no curbs. This flexible boulevard will provide for a parking lay-by during the winter months, and with relocation of bollards, a wider boulevard with the potential for outdoor patios during the summer months.

The proposed improvements to Market Street will greatly improve the pedestrian environment.  There will be some loss in on-street parking during the summer months but an increase in spaces available through the winter.  Given that the proposed flexible boulevard on the west side of Market Street will not impact negatively on the public right of way, Transportation Services recommends approval of its construction.