Item - 2018.TE32.57

That City Council direct the General Manager, Transportation Services to include, as a condition of the construction permit:

a. that construction be permitted only during Monday to Friday 7:00 a.m. to 11:00 p.m., Saturdays 9:00 a.m. to 7:00 p.m., and that no construction take place outside of these hours or on Sundays and statutory holidays;

b. that the developer will make all reasonable efforts to minimize disruption to neighbours such as by scheduling the loudest work to take place before 7pm; and

c. that the developer will submit a notification plan, to the satisfaction of the General Manager in consultation with the ward councillor, setting out details of how and when residents, stakeholders and the local councillor(s) will be notified of works.

That in accordance with the provisions of Chapter 27, Council Procedures, City Council reconsider Item TE32.57

That City Council adopt the recommendations contained in the report (April 30, 2018) from the Senior Strategic Director, Capital Projects, Transportation Services and the Acting Director, Community Planning, Toronto and East York as follows:

1. City Council authorize the further amendment of the Section 16 Agreement, as amended, and applicable to the final phase of development at 12, 14 and 16 York Street (formerly 16 York Street), subject to Council approval of the required project costs and cash flow funding commitments within the 2018-2027 Capital Budget and Plan for Transportation Services, as required to:

a. extend the time within which the owner is required to provide a publicly accessible York Street PATH tunnel connection to May 31, 2020;

b. provide for a maximum City financial contribution of $1,675,244, toward the incremental costs to be incurred by the owner arising from constructing the PATH tunnel connection under York Street with a partial closure rather than a full closure; and

c. incorporate additional details and amend terms as may be required, including alternative construction timing, specific scheduling requirements, other technical matters at the discretion of and to the satisfaction of the General Manager, Transportation Services and Chief Planner and Executive Director, City Planning.

2. City Council authorize the City Solicitor to prepare a further amending Section 16 Agreement in accordance with Recommendation 1 above together with modification or incorporation of such additional terms and conditions as may be appropriate for implementation of such direction, subject to Council approval of the required project costs and cash flow funding commitments within the 2018-2027 Capital Budget & Plan for Transportation Services. 

3. City Council amend City of Toronto Municipal Code Chapter 937, Temporary Closing of Highways, to delegate to the General Manager, Transportation Services, until May 31, 2020 inclusive, the authority to temporarily close to vehicular and pedestrian traffic York Street between Bremner Boulevard and Lake Shore Boulevard West, to a maximum of two lanes of traffic, for a period up to and including 270 consecutive days but ending no later than May 31, 2020 inclusive, as required for the purposes of construction of the York Street PATH tunnel.

4. City Council exempt the General Manager, Transportation Services, in carrying out her authority under Recommendation 3 above, from Section 937-5 of City of Toronto Municipal Code Chapter 937, Temporary Closing of Highways, that being the requirement to notify the local Ward Councillors of the pending closure and the requirement to report on the proposed closure if so requested by the local Ward Councillors.

5. City Council waive the occupancy fees as found as Reference Numbers 37 and 38.1 under City of Toronto Municipal Code Chapter 441, Fees and Charges, Appendix C, Schedule 2, Transportation Services, up to a maximum dollar amount of $1,779,274.00 for Lanterra Developments on behalf of the owners of 12, 14 and 16 York Street for the purposes of and during the construction of the York Street PATH tunnel connection by Lanterra Developments on behalf of the owners of 12, 14 and 16 York Street, subject to Council approval of the required project costs and cash flow funding commitments within the 2018-2027 Capital Budget and Plan for Transportation Services.

6. City Council authorize City Officials to take all necessary action to implement Council's decision, including execution of a further amendment to the Section 16 Agreement.

That the item be forwarded to City Council without recommendation.