Item - 2014.EX41.1

The Executive Committee recommends that:

1.         City Council direct staff to establish a capital project for the rehabilitation of the dockwall along the north side of the Western Channel, in the Facilities Management Capital Budget for consideration as part of the 2015 Budget process, which will include rehabilitation of:

a.         Area 1 at a cost of $4.5 million to be funded as follows: $1.5 million City share as a contribution from the Toronto Port Lands Company; and $1.5 million from the Government of Canada and $1.5M from the Province of Ontario;

b.         Area 2 at a cost of $1.5 million to be fully funded by the City of Toronto through a contribution from the Toronto Port Lands Company; and

c.         Area 3 at a cost of $0.5 million to be funded by a contribution from the Toronto Port Authority.

2.         City Council direct the Toronto Port Lands Company to declare a special dividend, $1.5 million in 2014, $1.5 million in 2015, for rehabilitation of the dockwall in Areas 1 and 2.

3.         City Council request the Government of Canada to contribute one-third ($1.5 million) towards the Area 1 dockwall rehabilitation project under an infrastructure funding program (i.e. the Building Canada Fund – Provincial-Territorial Component or a similar fund), request the Province of Ontario to contribute a matching one-third ($1.5 million) towards the project, and authorize the Mayor and City Manager to enter into funding agreements.

4.         City Council request the Toronto Port Authority to contribute $0.5 million for the rehabilitation of the dockwall in Area 3 in order to realize project efficiencies and reduce overall costs, and authorize the City Manager to negotiate and enter into any required agreements.

5.         City Council request the Government of Canada and the Province of Ontario to transfer ownership of the dockwall structure and related lands adjacent to the Canada Malting site (Area 1) to the City of Toronto upon completion of the dockwall rehabilitation project, and authorize the Mayor and City Manager to enter into any required agreements.

The purpose of this report is to obtain City Council authority to request Federal Provincial, and Toronto Port Authority funding, in partnership with the City of Toronto, to rehabilitate a portion of a dockwall adjacent to the Canada Malting lands, and to seek direction to allocate funding for rehabilitation of additional sections of the same dockwall.

When completed, this project will extend the life of the dockwall structure, continue the Portland Slip promenade constructed by Waterfront Toronto from the eastern edge of the Canada Malting lands over to Eireann Quay, improve access to the Ireland Park and consolidate ownership of the dockwall to the City of Toronto.

The subject dockwall extends from the south-east corner of the Canada Malting lands forming the north wall of the Western Channel to Lake Ontario. The sections of the dockwall that are in need of rehabilitation can be described as within four areas detailed below.  Ownership of the dockwall rests primarily with the City of Toronto with the exception of Area 1.

Area 1:  Located between the south-east corner of the Canada Malting lands extending west to Eireann Quay. This section is located along the southern edge of the Canada Malting lands. There is no record of ownership for this area and, as such, it is referred to as “unpatented land”. As a matter of law, ownership of unpatented land rests with either the Federal or Provincial government. This section is 141 metres in length and includes the return wall to the new Portland Slip dockwall.

Area 2:  Located between the east side of Eireann Quay and the Toronto Port Authority (TPA) ferry slip. This section is owned by the City of Toronto. In 2011, the City granted an easement to the TPA to permit the construction of the Billy Bishop Toronto City Airport (BBTCA) pedestrian tunnel under the dockwall. This section is 53 metres in length

Area 3:  Consists of the east and west corners of the BBTCA ferry slip and is owned by the City of Toronto. The TPA owns and operates the ferry slip to the BBTCA.

Area 4:  Located south of the east-west section of Stadium Road and is owned by the City of Toronto. This section is 197 metres in length.

(see Map in the report (April 7, 2014) from the City Manager)

Due to concerns raised by the Ireland Park Foundation about the condition and structural integrity of the dockwall, particularly the section in Area 1, City staff undertook, with agreement from the Federal and Provincial governments, an engineering assessment for the northern edge of the Western Channel to determine the condition of the dockwall and to develop an approach for rehabilitation.  This assessment was conducted by WSP Canada Inc. (formerly Genivar) in 2013.

The engineering assessment confirmed that the structure is sound, however, encapsulation and rehabilitation of the concrete cap is necessary to prevent further deterioration.

The estimated cost to rehabilitate the dockwall is as follows:

In 2006, a section of the dockwall further west (at the entrance to the Western Channel) collapsed resulting in litigation to determine who was responsible for its repair. In order to resolve the issue, the three orders of government, the Toronto Port Authority, and the City's tenant on adjacent lands agreed to share the cost of repairing the collapsed dockwall with the City taking ownership of the rehabilitated structure once it was completed to the City's satisfaction.

The City is the owner of the Canada Malting lands; however, the City's ownership does not extend south to the water's edge of the Western Channel. It is in the interest of the City to assume ownership of the lands occupied by the dockwall in order to secure public access from the Canada Malting lands to the water's edge.

This report proposes to seek a cost sharing agreement with the Government of Canada and the Province of Ontario for the rehabilitation of Area 1, to secure funding for the City's contribution to the rehabilitation of Area 1 and the full cost of Area 2 from the Toronto Port Lands Company (TPLC, a City-owned subsidiary), and to secure funding for the rehabilitation of Area 3 from the Toronto Port Authority. Area 4 also requires rehabilitation but is not proposed to be included in the project at this time.