Agenda

Deferred Committee Items:

Licensing and Standards Committee Item LS4.3

Etobicoke York Community Council Item EY8.2

Report of the Executive Committee from Meeting 9 on September 6, 2011

                        Submitted by Mayor Rob Ford, Chair

Report of the Civic Appointments Committee from Meeting 4 on July 22, 2011

                          Submitted by Councillor Frances Nunziata, Chair

Report of the Civic Appointments Committee from Meeting 6 on August 2, 2011

                          Submitted by Councillor Frances Nunziata, Chair

Report of the Civic Appointments Committee from Meeting 8 on August 4, 2011

                          Submitted by Councillor Frances Nunziata, Chair

Report of the Civic Appointments Committee from Meeting 9 on September 1, 2011

                          Submitted by Councillor Frances Nunziata, Chair

Report of the Community Development and Recreation Committee from Meeting 7 on September 14, 2011

                        Submitted by Councillor Giorgio Mammoliti, Chair

Report of the Economic Development Committee from Meeting 7 on September 14, 2011

                       Submitted by Councillor Michael Thompson, Chair

Report of the Government Management Committee from Meeting 7 on September 15, 2011

                       Submitted by Councillor Paul Ainslie, Chair

Report of the Licensing and Standards Committee from Meeting 8 on September 15, 2011

                       Submitted by Councillor Cesar Palacio, Chair

Report of the Parks and Environment Committee from Meeting 7 on September 15, 2011

                        Submitted by Councillor Norman Kelly, Chair

Report of the Public Works and Infrastructure Committee from Meeting 7 on September 7, 2011

                        Submitted by Councillor Denzil Minnan-Wong, Chair

Report of the Etobicoke York Community Council from Meeting 9 on September 12, 2011

                        Submitted by Councillor Mark Grimes, Chair

Report of the North York Community Council from Meeting 9 on September 12, 2011

                        Submitted by Councillor Maria Augimeri, Chair

Report of the Scarborough Community Council from Meeting 9 on September 12, 2011

                        Submitted by Councillor Paul Ainslie, Chair

Report of the Toronto and East York Community Council from Meeting 9 on September 12, 2011

                        Submitted by Councillor Gord Perks, Chair

New Business submitted by City Officials

Councillor Joe Mihevc has submitted the following Administrative Inquiry:

“I am submitting this Administrative Inquiry (under Municipal Code S27-61) to seek information from the Access and Equity unit of the City Manager's Office.

In all previous administrations since amalgamation, this information has been provided to help Toronto City Council assess whether Council's citizen appointments reflect the diversity of our city's residents.

The specific information I request is for the appointment recommendations from the nominations committee be reviewed from the following perspectives:

a)         Gender

b)         Racial diversity

c)         LGBT inclusion

d)         Aboriginal engagement

e)         Geographic representation by Community Council

I ask that this requested information be separated by each Agency/Board/Commission's proposed appointment as well as a summary of how the entire first round of appointments are reflected.

I further request that these results be compared with similar categories from previous administrations.”

The purpose of this report is to examine whether banning the sale of cats and dogs in pet shops and other retail outlets is an appropriate way to deal with concerns that members of the public submitted to the Licensing and Standards Committee.  The submissions proposed this ban in order to address the number of unwanted pets, impulse purchases of cats and dogs in pet stores, the supply and demand for dogs from puppy mills, the overpopulation of feral cats as well as the concerns about the care and treatment of cats and dogs kept in pet stores for sale.

Municipal Licensing and Standards recommends amendments to Article XX, Pet Shops of Toronto Municipal Code Chapter 545, Licensing to clarify requirements for pet shop keepers.  In addition, MLS will ensure that establishments are regularly inspected for compliance.  MLS does not recommend an outright ban on the sale of cats and/or dogs, which could have a significant negative economic impact on pet shop owners.

The City Solicitor was consulted in the preparation of this report.

The Executive Committee deferred the item indefinitely.

This report recommends the actions necessary to comply with the requirements of the Business Corporations Act (Ontario) for holding the 2010 Annual General Meeting of the shareholder of Build Toronto Inc. including receipt of Audited Financial Statements and appointment of the auditor. 

The Executive Committee recommends that:

1.         City Council direct the City Manager to:

a.         Provide notice under the Memorandum of Understanding ("MOU") dated March 31, 2006 substantially in the form attached as Attachment 1 and enter into discussions with Waterfront Toronto, and the Provincial and Federal governments to review the revitalization  delivery model for the Port Lands under the MOU;

b.         Enter into discussions with Waterfront Toronto and the Toronto and Region Conservation Authority to re-evaluate the delivery of flood protection; and

c.         Direct appropriate staff to pause any further actions that implement the Lower Don Lands framework as they relate to the Port Lands including any on-going Ontario Municipal Board processes.

2.         City Council adopt the following as a resolution of the shareholder of Toronto Port Lands Company (TPLC):

a.         Pursuant to paragraph 4.1 of the Shareholder Direction to TPLC dated November 13, 2008, the Board of Directors will be composed of 9 Directors comprised of 2 members of City Council, 5 citizens, and 2 members of City staff;

b.         Council members will be nominated for appointment to the Board on the recommendation of the Striking Committee;

c.         Citizen members will be nominated for appointment to the Board by recommendation of the Corporations Nomination Panel established by the Mayor; and

d.         City staff members will be nominated for appointment to the Board by the Corporations Nominating Panel, upon receipt of recommendations made to the Panel by the City Manager.

3.         City Council direct the Nominating Panel and the Striking Committee to provide their recommendations to enable the replacement Board of Directors to be appointed as soon as possible.

4.         City Council direct the City Manager, in consultation with the Deputy City Manager responsible for the Waterfront Initiative, appropriate City staff and the new Board of TPLC, to review the Shareholder Direction for TPLC to recommend to Council the appropriate amendments to implement a revision to TPLC's mandate to:

a.         Be the lead agency for the revitalization of the Port Lands;

b.         Pursue modifications of the Don Mouth Environmental Assessment; and

c.         Secure private sector and other opportunities for the provision of flood protection and infrastructure improvements in the Port Lands and to bring forward amendments as soon as possible for approval by City Council.

5.         City Council authorize, as part of the transition to the new Board, the current Board and staff of TPLC to undertake discussions and studies, within the current financial resources of TPLC, to enable the new Board to more quickly assess strategic and business options and to prepare and submit a business plan to City Council within six months that includes the identification of economic incentive tools for the revitalization of the Port Lands.

3.         City Council request the City Manager, in consultation with the Medical Officer of Health, to establish performance measures and report to Council, on a biannual basis, through the Board of Health, on the effectiveness and results of this bed bug control initiative.

The Executive Committee recommends that City Council receive the 2010 Annual Human Rights Unit Report attached to the letter (June 16, 2011) from the General Secretary, Toronto Transit Commission.

The Civic Appointments Committee recessed its public session and met in closed session on August 2, 2011, to consider confidential information on this Item related to personal matters about identifiable individuals being considered for appointment to the Toronto Port Authority Board of Directors.

The Civic Appointments Committee recommends that:

1.         City Council request the Integrity Commissioner to investigate the circumstances of an alleged breach of confidentiality at the Executive Committee meeting held on July 28 and 29, 2011 with respect to the short listing of candidates by the Civic Appointments Committee.

The Civic Appointments Committee recommends that:

1.         City Council appoint the individuals listed in Confidential Attachment 1 to the Exhibition Place Board of Governors, at the pleasure of Council, for a term of office ending on November 30, 2014 and until successors are appointed.

2.         City Council authorize the City Clerk to make the appointees' names public once appointed by Council and the appointees have been notified.

3.         City Council identify the candidates listed in Confidential Attachment 2 as alternates for the Civic Appointments Committee to consider for appointment, in the order listed, should a vacancy occur during the term.

4.         City Council direct that the names of the candidates identified as alternates remain confidential until appointed as members, as required under the Public Appointments Policy.

Civic Appointments Committee Panel 1 submits its recommendations on appointments to the Exhibition Place Board of Governors.

(Confidential Attachments 1 and 2 will be forwarded under separate Confidential cover to Members of the Civic Appointments Committee only.)

The Civic Appointments Committee recommends that:

1.         City Council appoint the individual listed in Confidential Attachment 1 to the Greater Toronto Airports Authority Consultative Committee, at the pleasure of Council, for a term of office ending on November 30, 2014 and until a successor is appointed.

3.         City Council authorize the City Clerk to make the appointee's name public once appointed by Council and the appointee has been notified.

2.         City Council identify the candidate listed in Confidential Attachment 2 as an alternate to be considered by the Civic Appointments Committee if a vacancy occurs during the term.

4.         City Council direct that the name of the candidate identified as an alternate remain confidential until appointed as a member, as required under the Public Appointments Policy.

Civic Appointments Committee Panel 1 submits its recommendation on appointment to the Greater Toronto Airports Authority Consultative Committee.

(Confidential Attachments 1 and 2 will be forwarded under separate Confidential cover to Members of the Civic Appointments Committee only.)

The Civic Appointments Committee recommends that:

1.         City Council appoint the individuals listed in Confidential Attachment 1 to the Greater Toronto Airports Authority Community Environment and Noise Advisory Committee, at the pleasure of Council, for a term of office ending on November 30, 2014 and until successors are appointed.

2.         City Council authorize the City Clerk to make the appointees' names public once appointed by Council and the appointees have been notified.

3.         City Council identify the candidate listed in Confidential Attachment 2 as an alternate for the Civic Appointments Committee to consider should a vacancy occur during the term.

4.         City Council direct that the name of the candidate identified as an alternate remain confidential until appointed as a member, as required under the Public Appointments Policy.

The Civic Appointments Committee recommends that:

1.         City Council appoint the candidates listed in Confidential Attachment 1 to the Metro Toronto Convention Centre Corporation Board of Directors, at the pleasure of Council, for a term of office ending on December 31, 2012, renewable without further recruitment for a term ending on November 30, 2014, and until successors are appointed, under Council’s Public Appointments Policy and the Metropolitan Toronto Convention Centre Corporation Act.

2.         City Council authorize the City Clerk to make the appointees' names public once appointed by Council and the appointees have been notified.

3.         City Council identify the candidates listed in Confidential Attachment 2 as alternates for the Civic Appointments Committee to consider for appointment, in the order listed, if a vacancy occurs during the term.

4.         City Council direct that the names of the candidates identified as alternates remain confidential until appointed as members, as required under the Public Appointments Policy.

Civic Appointments Committee Panel 1 submits its recommendations on appointments to the Metro Toronto Convention Centre Board of Directors.

(Confidential Attachments 1 and 2 will be forwarded under separate Confidential cover to Members of the Civic Appointments Committee only.)

Civic Appointments Committee Panel 1 submits its recommendations on appointments to the Toronto Parking Authority Board of Directors.

(Confidential Attachments 1 and 2 will be forwarded under separate Confidential cover to Members of the Civic Appointments Committee only.)

The Civic Appointments Committee recommends that:

1.         City Council appoint the individuals listed in Confidential Attachment 1 to the Toronto Public Library Board, at the pleasure of Council, for a term of office ending on November 30, 2014 and until successors are appointed, under the Public Libraries Act and Council’s Public Appointments Policy.

2.         City Council authorize the City Clerk to make the appointees' names public once appointed by Council and the appointees have been notified.

3.         City Council identify the candidates listed in Confidential Attachment 2 as alternates for the Civic Appointments Committee to consider for appointment, in the order listed, if a vacancy occurs during the term.

4.         City Council direct that the names of the candidates identified as alternates remain confidential until appointed as members, as required under the Public Appointments Policy.

Civic Appointments Committee Panel 3 submits its recommendations on appointments to the Toronto Public Library Board.

(Confidential Attachments 1 and 2 will be forwarded under separate Confidential cover to Members of the Civic Appointments Committee only.)

The Civic Appointments Committee recessed its public session and met in closed session to consider confidential information on this Item as it relates to personal matters about identifiable individuals being considered for appointment to the Toronto Zoo Board of Management.

Civic Appointments Committee Panel 3 submits its recommendations on appointments to the Toronto Zoo Board of Management.

(Confidential Attachments 1 and 2 will be forwarded under separate Confidential cover to Members of the Civic Appointments Committee only.)

The Civic Appointments Committee that:

1.         City Council appoint the individuals listed in Confidential Attachment 1 to the Toronto Atmospheric Fund Board of Directors, at the pleasure of Council, for a term of office ending on November 30, 2014 and until successors are appointed.

2.         City Council authorize the City Clerk to make the appointees' names public once appointed by Council and the appointees have been notified.

Civic Appointments Committee Panel 3 submits its recommendations on appointments to the Toronto Atmospheric Fund Board of Directors.

(Confidential Attachments 1 and 2 will be forwarded under separate Confidential cover to Members of the Civic Appointments Committee only.)

The Economic Development Committee recommends that:

1.         City Council designate, based on the poll results respecting the intention to expand the Gerrard India Bazaar Business Improvement Area (BIA), the area described by Attachment No. 1 to the report (August 16, 2011) from the General Manager, Economic Development and Culture, as the expanded Gerrard India Bazaar Business Improvement Area (BIA) under Chapter 19 of the Toronto Municipal Code.

2.         City Council direct the City Solicitor to submit a by-law to designate the area described in Attachment No. 1 to the report (August 16, 2011) from the General Manager, Economic Development and Culture, as a Business Improvement Area (BIA).

3.         City Council approve those amendments necessary to Schedule "A" of Municipal Code Chapter 19, Business Improvement Areas, to include the expanded Gerrard India Bazaar Business Improvement Area (BIA).

This report deals with tax appeal applications made to the Treasurer pursuant to sections 323 and 325 of the City of Toronto Act, 2006 (COTA).  Section 323 permits Council to cancel, reduce or refund taxes in cases when, during the year, a property undergoes changes such as when it is destroyed by fire or demolished, becomes exempt from taxation, or is reclassified due to a change in use.  Under section 325 of the COTA, taxpayers can request a cancellation, reduction or refund of taxes when an error in the assessment roll is identified which results in an overcharge.

The legislation requires Council to hold a public meeting where applicants may make a submission in defence of their position.  Council has delegated authority to hold such public meetings to the Government Management Committee.

Staff have mailed Notices of Hearing to affected taxpayers advising of the upcoming hearing before the Government Management Committee.

The Government Management Committee recommends that:

1.         City Council declare surplus portions of the untravelled public highways Mockingbird Crescent and Jacobs Gate on Plan M-1859, City of Toronto shown as Parts 2 and 3 on Sketch No. PS-2010-070, attached as Appendix "A" (collectively the “Highways”), in the report (June 13, 2011) from the Chief Corporate Officer, and the one foot reserve north of Mockingbird Crescent, being Block Y on Plan M-1859, City of Toronto, shown as Part 1 on Sketch No. PS-2010-070 (the “Reserve”), conditional upon City Council approving an application to the Court pursuant to the Land Titles Act, to permanently close the Highways and authority be granted for staff to negotiate the terms of an agreement with Sanofi Pasteur Limited (“Sanofi”), for recommendation to City Council, pursuant to which the City would agree to apply to the Court to cancel the portion of the Plan M-1859 west of Hidden Trail, permanently close the Highways and vest title to the Highways and the Reserve in Sanofi.

2.         City Council authorize that all steps necessary to comply with the City’s real estate disposal process as set out in Chapter 213 of the City of Toronto Municipal Code, be taken.

The purpose of this report is to declare surplus portions of the untravelled public highways on Plan of Subdivision M-1859, known as Mockingbird Crescent and Jacobs Gate and the one foot reserve north of Mockingbird Crescent, conditional upon City Council approving an application to the Court to permanently close these untravelled public highways, and to authorize negotiations with the adjoining property owner, Sanofi Pasteur Limited, for the submission of an application to the Court to cancel part of Plan M-1859, permanently close the untravelled public highways located thereon and vest title to portions of the closed highways and the one foot reserve in Sanofi Pasteur Limited.

Authority to declare property surplus has been delegated to the Chief Corporate Officer, unless the local Councillor requires the matter to be determined by City Council, which is the case in this instance.

The Government Management Committee recommends that:

1.         City Council request the Chief General Manager of the Toronto Transit Commission and the Board of Directors of the Toronto Transit Commission Pension Fund Society to work co-operatively with OMERS staff, to release all data and information (including but not limited to actuarial data) required by OMERS to perform an evaluation of all options and services available by OMERS to the Toronto Transit Commission Pension Fund Society with respect to both its registered and non-registered pension benefits.

2.         City Council request OMERS and the Chief General Manager of the Toronto Transit Commission to report to the January 24, 2012, meeting of the Government Management Committee with detailed results of their evaluation (as per Government Management Committee Work Plan) with recommendations for next steps.

3.         City Council, in the event that the Toronto Transit Commission Pension Fund Society Board of Directors decides again it will not provide the information to Council as requested, request that it provide a written explanation, directly from the Board of Directors, (both TTC Commission appointees and ATU appointees) outlining the reasons why an agreement was not reached.

The Government Management Committee recommends that:

1.         City Council approve the implementation of a Fixed Fine System for all parking ticket offences, other than accessible parking offences, where a parking ticket proceeding results in a conviction after a defendant in court either pleads guilty or is found guilty.

2.         Council approve that the Fixed Fine Amounts be set equal to the presently-established Set Fines (the dollar amount that appears on the face of the ticket), with the Fixed Fine Amounts to apply where a parking ticket proceeding results in a conviction after a defendant in court either pleads guilty or is found guilty.

3.         City Council request the City Solicitor prepare and present to Council the necessary amending by-laws.

4.         City Council request the City Solicitor make the necessary application to the Regional Senior Judge for new set fine orders.

5.         City Council receive the report (August 30, 2011) from the Treasurer and the City Solicitor

The Public Works and Infrastructure Committee recommends that:

1.         City Council grant authority to retain the Walkerton Clean Water Centre to deliver the Standard of Care – Safe Drinking Water Act training session to members of the Public Works and Infrastructure Committee and any other interested City Councillor for a fee of $1,356.00 including HST and charges.

The purpose of this report is to update City Council on the Licensing of the City's drinking water system by Toronto Water as now required by Ontario's Safe Drinking Water Act.  The report provides specific information on the implementation of the Drinking Water Quality Management System (DWQMS) and the process to obtain Full Scope Accreditation from the Canadian General Standards Board.

In addition, the report informs City Council of their responsibility under the Safe Drinking Water Act, in particular, the statutory Standard of Care provision which will come into force on January 1, 2013.  Staff are also recommending to retain the Walkerton Clean Water Centre to deliver a Standard of Care training session to the members of the Public Works and Infrastructure Committee and any other interested City Councillor.

The purpose of this report is to advise on the procurement of services and materials related to the emergency repair of the 900mm-1050mm Highland Creek Sanitary Trunk Sewer that crosses under Lawrence Avenue approximately 50 metres east of McCowan Road and to request the approved Toronto Water 2011 Capital Budget be amended to cover all costs associated with the emergency repair.

The repair of this trunk sewer was deemed an emergency by the General Manager, Toronto Water under Chapter 195-10F of the Municipal Code. Emergency bypass pumping to convey the flows around the damaged sewer section was implemented immediately under an emergency sole source purchase order. It is necessary to complete the remaining work using an expedited competitive procurement process due to the risk of imminent failure of the trunk sewer. Failure of the trunk sewer could result in a sewage spill into Highland Creek, legislative non-compliance, impact to public health and safety, and the collapse of a portion of Lawrence Avenue denying emergency services and the public access to a major east-west transportation corridor.

The purpose of this report is to request authority to enter into an agreement with the owners of Copernicus Lodge to reimburse them for completing a portion of the driveway reconstruction/realignment at No. 66 Roncesvalles Avenue.  These works were originally included in the scope of work for Contract No. 10EY-08RD, TTC Track Reconstruction, Road Reconfiguration and Reconstruction / Resurfacing and Streetscaping on Roncesvalles Avenue from Queen Street West to Dundas Street West, and are fully funded in the 2010 Capital Budget for Transportation Services. The unspent funds from the 2010 Capital Budget were carried forward into the 2011 Capital Budget.

After construction on Roncesvalles Avenue had commenced, Copernicus Lodge representatives requested City staff to provide reimbursement for the cost of the driveway reconstruction/realignment, instead of undertaking the actual construction.  This request was to allow for coordination with other works Copernicus Lodge is undertaking on their property. Technical Services staff supports their request.

The tendered price in the contract to undertake both the public and private portions of the driveway reconstruction/realignment is $27,140.00 net of all taxes.  Costs already incurred for temporary and permanent works on the driveway total $7,390.00 net of all taxes. Authorization is being requested to reimburse Copernicus Lodge for the amount of $19,750.00.

An application has been made by Conseil Scolaire de District Catholique Centre-Sud, for approval of a complete exemption request from the requirement to construct a green roof at 30 Thistle Down Boulevard, as required under Chapter 492, Green Roof, of the City of Toronto Municipal Code.

This report reviews and recommends either approval or refusal of the complete exemption request.

Etobicoke York Community Council recommends that:

1.         City Council include the properties at 2669-2673 Lake Shore Boulevard West (Gardener’s Cottage, Fetherstonhaugh Estate) on the City of Toronto Inventory of Heritage Properties.

2.         City Council state its intention to designate that portion of the properties at 2669-2673 Lakeshore Boulevard West (Gardener's Cottage, Fetherstonhough Estate) described as Part of Lots 540 and 541, Plan M-76 and Part of Lot 1, Broken Front Concession, City of Toronto, as shown outlined on the survey (Attachment No. 1 to the report dated August 22, 2011 from the Acting Director, Policy and Research, City Planning), under Part IV, Section 29 of the Ontario Heritage Act.

3.         If there are no objections to the designation in accordance with Section 29(6) of the Ontario Heritage Act, City Council authorize the City Solicitor to introduce the bills in Council designating the property under Part IV, Section 29 of the Ontario Heritage Act.

4.         If there are objections in accordance with Section 29(7) of the Ontario Heritage Act, City Council direct the City Clerk to refer the designation to the Conservation Review Board.

5.         If the designation is referred to the Conservation Review Board, City Council authorize the City Solicitor and appropriate staff to attend any hearing held by the Conservation Review Board in support of Council’s decision on the designation of the properties.

This report recommends that City Council state its intention to designate the properties at 2669-2673 Lake Shore Boulevard West (Gardener’s Cottage, Fetherstonhaugh Estate) under Part IV, Section 29 of the Ontario Heritage Act.  At its meeting of February 16, 2011, the Etobicoke York Community Council deferred consideration of a report (January 27, 2011) from the Director and Deputy Chief Building Official on a demolition control application to its meeting of May 25, 2011, and requested Heritage Preservation Services to report at that time on the potential heritage value of the building. 

Following research and evaluation, staff have determined that the properties at 2669-2673, containing a gardener’s cottage associated with the former Fetherstonhaugh Estate, meet the criteria for municipal designation prescribed by the Province of Ontario for its cultural heritage value.  The designation of the properties would enable Council to refuse demolition, control alterations to the sites, and enforce heritage property standards.

Etobicoke York Community Council recommends that:

1.         City Council approve the enactment of a “Compulsory Turn” regulation during all time periods for eastbound traffic on Wright Avenue to the driveway to 1671 Jane Street, from the west side of Jane Street.

2.         City Council approve the enactment of a southbound "No Left Turn" prohibition, during all time periods, on Jane Street at the driveway to 1671 Jane Street, located opposite Wright Avenue.

3.         City Council approve the enactment of a northbound "No Right Turn" prohibition, during all time periods on Jane Street, at the driveway to 1671 Jane Street located opposite Wright Avenue.

The purpose of this report is to advise on the need for turn regulations at the intersection of Jane Street and Wright Avenue to prohibit traffic from entering the recently proposed one-way (exiting) driveway from the loading docks of 1671 Jane Street (No Frills), located opposite Wright Avenue.

Since the Toronto Transit Commission (TTC) operates a transit service on Jane Street, City Council approval of this report is required. The TTC has been consulted on this item and they do not object to these regulations.

Etobicoke York Community Council recommends that:

1.         City Council support Macedo Winery's application to the Alcohol and Gaming Commission of Ontario to sell and serve wine for consumption by patrons at its location at 1381 Dufferin Street, and the City Clerk be directed to advise the AGCO accordingly.

David Macedo and his family are a licensed manufacturer and retailer of wine that operate from their 1381 Dufferin Street location.  In the time that it has operated at this site, Macedo Winery has significantly helped to revitalize the neighbourhood.  Ultimately, it is a unique operation, as they hold 1 of only 33 such licences in Ontario and 1 of only 2 licenses in the City of Toronto.  One condition of the licence is that the winery offers regular, free tours to the public because experience has shown that the public is interested in watching a winery in operation.  The winery is on the published wine tour list for sight-seeing which has created an unexpected tourist attraction in my ward.

The Alcohol and Gaming Commission of Ontario has provided the opportunity for such a winery to promote its wines by selling it by-the-glass in its retail store, a feature officially described by the AGCO as wine-by-the-glass. One of the requirements is to have the municipality pass a resolution allowing same.  Therefore I am asking that City Council approve the recommendation to support their application.

2280882 Ontario Inc. has made an application to the Alcohol and Gaming Commission of Ontario ("AGCO") for a liquor licence for the premises located at 30 Beverly Hills Drive to operate as Classic Lounge ("Premises"). The application is for an indoor capacity of 720 persons and an outdoor patio with a capacity of 108 persons.

The Registrar of the AGCO should be requested to issue a Proposal to Review the liquor licence application. Issues including, but not limited to, security, crowd control, noise, litter and safety of the patrons, public and staff must be addressed and appropriate conditions must be attached to the licence. This application for a liquor licence is not in the public interest unless conditions, addressing the concerns of the community, as set out above, are attached to the licence.

North York Community Council directed that:

1.         Due to the timing of the following event, the Alcohol and Gaming Commission be advised that it has no objection to the request for:

a.         liquor licence extension from 10:00 a.m. until 4:00 a.m. each day for The Abbot Pub and Fare, 3367 Yonge Street, the establishment listed in the attachment to the letter (August 17, 2011) from Troy Burtch, Co-Founder, as part of Toronto Beer Week to be held from September 16 to September 24, 2011.

North York Community Council recommends that:

1.         City Council authorize the City Solicitor and any relevant Staff to attend at all proceedings before the Ontario Municipal Board pertaining to the appeal of the Committee of Adjustment decision with respect to 238 St. Leonard's Avenue to uphold the decision of the Committee of Adjustment.

North York Community Council recommends that:

1.         City Council approve the 545-555 Wilson Avenue - The Station - Public Art Plan attached to the report dated July 19, 2011 from the Director, Urban Design.

 North York Community Council recommends that:

1.         City Council approve the 3180 Bathurst Street - Public Art Plan attached to the report dated July 19, 2011 from the Director, Urban Design.

In its decision dated August 28, 2009 the Ontario Municipal Board (OMB) approved the re-designation of the site at 2205 Sheppard Avenue East from Employment Areas to Mixed Use Areas to permit a mixed-use development. The second phase of the hearing, scheduled for October 13, 2011, will deal the rezoning portion of the application. The purpose of this report is to provide information on the application and seek Council's direction for the upcoming hearing.

The applicant is proposing a mixed-use development comprising 1,095 dwelling units contained within 5 buildings. The site design includes a 5-storey mid-rise building along Sheppard Avenue East frontage and 4 taller buildings within the site interior with heights of 8, 17, 23 and 43 storeys. The building along Sheppard Avenue East includes 939 m² of grade related retail space. Parking for 1,282 vehicles would be provided in a four level underground parking structure. The application also proposes two public roads and 0.29 ha (2,947m²) of public parkland.

As this matter has been appealed to the OMB this report recommends the City Solicitor and other appropriate staff attend the hearing in support of the proposed development at 2205 Sheppard Avenue East subject to resolution of issues including: site servicing and public road matters set out in the Technical Services comments dated August 8, 2011; the provision of appropriate community benefits pursuant to Section 37 of the Planning Act; securing public parkland as set out in the Parks, Forestry and Recreation comments dated August 10, 2011, and adjustments to the proposed built form.

Staff is recommending the City Solicitor and appropriate staff be authorized to continue discussions with the applicant in an attempt to resolve the issues outlined in this report and, if necessary, seek further instruction from Council for additional instructions regarding any matters to be resolved before the OMB.

North York Community Council recommends that:

1.         City Council not support the Zoning By-law Amendment Application for David Dunlap Circle, Block A, Plan 66M-2365 (formerly part of 39 Green Belt Drive) for, among other matters, the following reasons:  traffic, parking and intensity of the development.

2.         City Council authorize the City Solicitor to attend the Ontario Municipal Board hearing in opposition to the application and to hire outside planning and other consultants, if necessary.

North York Community Council recommends that:

1.         City Council amend former City of North York Zoning By-law No. 7625 for the lands shown as the Consumers Road Employment Area substantially in accordance with the draft Zoning By-law Amendment attached as Attachment No. 5 to the report (August 24, 2011) from the Director, Community Planning, North York District.

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

3.         In the event the proposed amendment is appealed to the Ontario Municipal Board, City Council authorize the City Solicitor and City Staff to appear before the Ontario Municipal Board in support of the recommendations contained within the report (August 24, 2011) from the Director, Community Planning, North York District.

In October 2009 City Council enacted an interim control by-law for the Consumers Road Employment Area prohibiting new places of worship for a period of one year. In August 2010 Council extended the interim control by-law for one additional year to October 2011 pending the completion of a study of places of worship in this area. This report reviews the policies and regulations pertaining to places of worship in this area.

The current zoning of lands within the Consumers Road Employment Area does not implement the intent of the Official Plan. There is a disconnect between Plan policy direction and its implementation. The Plan indicates that Employment Districts are to be protected from the encroachment of non-economic functions and promoted for economic activity and that the prime economic function of Employment Areas is business and economic activity. Current zoning permits places of worship as-of-right on all properties in the employment area subject to provisions related to impacts on residential zones.

Within this current zoning framework there is no opportunity to fully examine the impacts of places of worship on employment uses.

This report proposes to amend Zoning By-law No. 7625 for the Consumers Road Employment Area to prohibit places of worship in this area. A proposal for a new place of worship would require a rezoning. An existing place of worship would be permitted to continue. The approach recommended in this report would enable staff to undertake a comprehensive review of the impacts of a proposal for a place of worship on a site by site basis.

North York Community Council recommends that:

1.         City Council amend Zoning By-law 7625 for the lands known in 2004 as 25 Buchan Court substantially in accordance with the draft Zoning By-law Amendment attached as Attachment No. 1 to the report (August 9, 2011) from the Director, Community Planning, North York District.

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

3.         City Council authorize the City Solicitor to amend the Section 37 Agreement dated February 16, 2007 applying to the lands at 25 Buchan Court to:

a.         Amend Section 3.1 entitled ‘Contributions to Park Improvements’ to permit that $45,827.50 be used by the City for the redevelopment of Clovercrest Park and that $44,172.50 be used by the City for improvements to Lescon Park;

b.         Replace Section 4.1 entitled ‘Contributions for Lighting and Walking Trail’ with ‘Contributions to Park Improvement’ and identify that $15,000 may be used by the City toward improvements to Lescon Park.

The applicant is proposing to amend the Zoning By-law in order to develop the subject lands with a 229 unit residential development for lands located at 31-45 Horsham Avenue and 20-26 Churchill Avenue.

The application involves the demolition of nine residential houses, one of which includes a rental unit, in order to construct 209 apartment units in an 18 storey tower located at the corner of Canterbury Place and Churchill Avenue, and 20 three-storey townhouse units along the frontage of Horsham Avenue and the future Beecroft Road extension.

This report reviews and recommends approval of the application to amend the Zoning By-law and approval in principle of the Draft Conditions of Site plan Approval.

The applicant has also submitted an application to demolish nine existing residential dwelling houses, one of which contains a rental unit, located at 24 Churchill Avenue. The application to demolish the one rental unit, is regulated under Chapter 667 of the Toronto Municipal Code, Section 111 of the City of Toronto Act and the applications to demolish the existing residential buildings is regulated under Chapter 363 of the Toronto Municipal Code and Section 33 of the Planning Act.

This report recommends approval of the Rental Housing Demolition application under Section 111 of the City of Toronto Act and issuance of the residential demolition permit pursuant to Section 33 of the Planning Act and Municipal Code Chapter 363.

North York Community Council recommends that: 

1.         City Council amend the Official Plan for the lands at 35-53 and 101-113 Valley Woods Road and 1213-1229 York Mills Road substantially in accordance with the draft Official Plan Amendment attached as Attachment 7 to the report (June 6, 2011) from the Director, Community Planning, North York District.

2.         City Council amend the Zoning By-law for the lands at 35-53 and 101-113 Valley Woods Road and 1213-1229 York Mills Road substantially in accordance with the draft Zoning Bylaw Amendment attached as Attachment 8 to the report (June 6, 2011) from the Director, Community Planning, North York District, with the height map amended in accordance with the revised height map attached to the motion by Councillor Minnan-Wong, which in essence, revises the heights of buildings on the north site so as to ensure that no height exceeds 24 storeys, with any amendments to the by-law and other documents necessary to implement the revised height map, to the satisfaction of the Director, Community Planning, North York District.  Building A will be reduced to 24 storeys. Building B will be revised to 24 storeys. Building C will be reduced to 14 storeys. Buildings D and E will remain the same at 24 and 12 storeys respectively.

3.         City Council authorize the City Solicitor to make such stylistic and technical changes to the draft Official Plan Amendment and draft Zoning By-law Amendment as may be required.

4.         Before introducing the necessary Bills to City Council for enactment, the owner shall submit revisions to the servicing and stormwater management report and financial securities to guarantee the sanitary downstream improvements of the existing sanitary municipal sewer, to the satisfaction of the Director, Development Engineering, Technical Services Division.

 5.        City Council require the community benefits and other matters detailed below to be secured in a Section 37 Agreement between the owner and the City of Toronto, and that the Agreement be registered on title to the satisfaction of the City Solicitor, before introducing the necessary Bills to City Council for enactment.

6.         City Council require the owner to provide the following facilities, services and matters pursuant to Section 37 of the Planning Act:

a.         The owner is to provide a financial contribution to the City of $2,000,000, of which $1,750,000 to be used for the expansion/renovation of Brookbanks Library or the construction of the combined Brookbanks Library/Recreation-community centre facilities on the Brookbanks Library site or other community recreational facility in the area, and $250,000 to be used for the future rehabilitation/renovation of the Milne House in Ward 34.  The financial contribution is to be paid as follows:

i.          A cash contribution of $304,000 paid prior to the issuance of any building permits for Building A.

ii.         A cash contribution of $303,000 paid prior to the issuance of any building permits for Building B.

iii.        A cash contribution of $163,000 paid prior to the issuance of any building permits for Building C.

iv.        A cash contribution of $385,000 paid prior to the issuance of any building permits for Building D.

v.         A cash contribution of $244,000 paid prior to the issuance of any building permits for Building F.

vi.        A cash contribution of $234,000 paid prior to the issuance of any building permits for Building G.

vii.       A cash contribution of $117,000 paid prior to the issuance of any building permits for Building H.

viii.      Each instalment payment set out in (i) to (vii) above shall be indexed to the Statistics Canada Non-Residential Construction Price Index for Toronto calculated from the date of execution of the Section 37 Agreement to the date of submission of the funds by the owner to the City.

ix.        In addition, the owner is to provide a cash contribution to the City of $250,000 to be used for capital improvements to publicly owned affordable housing projects in the community. This financial contribution is to be paid prior to the issuance of a building permit for the first non-rental residential building and shall be indexed to the Statistics Canada Non-Residential Construction Price Index for Toronto calculated from the date of execution of the Section 37 Agreement to the date of submission of the funds by the owner to the City.

x.         In addition, the owner is to provide a cash contribution of $250,000 for the future rehabilitation/renovation of the Milne House prior to the issuance of a building permit for Building A, and the cash contribution shall be indexed to the Statistics Canada Non-Residential Construction Price Index for Toronto calculated from the date of execution of the Section 37 Agreement to the date of submission of the funds by the owner to the City.

b.         The provision and maintenance on the site of not less than 270 new replacement rental dwelling units for a period of at least 20 years, comprising:

i.          130 townhouse and stacked townhouse units located on Block 17 comprised of 100 three-bedroom units and 30 four-bedroom units.

ii.         140 dwelling units in an apartment building located on Block 2 comprised of 30 one-bedroom units, 48 two-bedroom units, and 62 three-bedroom units.

iii.        83 of the 270 units shall have affordable rents and the remaining units shall have rents no higher than mid-range rents.

iv.        The rental housing shall be provided in accordance with more detailed terms as set forth in the draft zoning by-law attached as Attachment 8 to the report (June 6, 2011) from the Director, Community Planning, North York District.

c.         The owner shall provide tenant relocation assistance for tenants in the existing buildings in accordance with the detailed terms set forth in the draft zoning by-law attached as Attachment 8 to the report (June 6, 2011) from the Director, Community Planning, North York District.

d.         The owner shall prepare a Construction Mitigation and Tenant Communication Strategy, prior to the issuance of the first building permit (including demolition and/or excavation permit) in each phase of the construction, to the satisfaction of the Chief Planner and Executive Director, City Planning.

7.         The following matters are also recommended to be secured in the Section 37 Agreement:

a.         The owner agrees that construction shall proceed in accordance with the development Phasing Plan (Attachment 9 to the report (June 6, 2011) from the Director, Community Planning, North York District) except that Phase 4 can commence prior to the completion of Phase 3.

b.         The owner shall prepare a Construction Management Plan and Neighbourhood Communication Strategy, prior to the issuance of the first building permit (including demolition and/or excavation permit), to the satisfaction of the Director, Development Engineering, Technical Services Division in consultation with the Chief Planner and Executive Director, City Planning.

c.         The owner is to provide a certified cheque to the Toronto Transit Commission (T.T.C.) for $100,000 for transit signal priority intersection improvements as noted in the memorandum of the Toronto Transit Commission dated April 12, 2011; this is to be paid to the T.T.C. prior to the issuance of any building permit for any residential buildings in Phase 2.

8.         City Council direct that the Parks and Recreation component of the Development Charges will be used to construct the Above Base Park Improvements. The Owner shall receive a development charge credit for the Above Base Park Improvements. The development charge credit shall be in an amount that is the lesser of the cost to the owner of installing the Above Base Park Improvements, as approved by the General Manager, Parks, Forestry and Recreation, and the Parks and Recreation component of development charges payable for the development in accordance with the City's Development Charges By-law.

9.         City Council approve the application to demolish the existing residential rental dwelling units located at 35 to 53 and 101 to 113 Valley Woods Road and 1213 to 1229 York Mills Road pursuant to Municipal Code Chapters 667 and 363 subject to the following conditions under Chapter 667 which provide for replacement of the rental housing units:

a.         The provision and maintenance on the site of not less than 270 new replacement rental dwelling units for a period of at least 20 years, comprising:

i.          130 townhouse and stacked townhouse units located on Block 17 comprised of 100 three-bedroom units and 30 four-bedroom units.

ii.         140 dwelling units in an apartment building located on Block 2 comprised of 30 one-bedroom units, 48 two-bedroom units, and 62 three-bedroom units.

iii.        83 of the 270 units shall have affordable rents and the remaining units shall have rents no higher than mid-range rents.

iv.        The rental housing shall be provided in accordance with more detailed terms as set forth in Attachment 8 to the report (June 6, 2011) from the Director, Community Planning, North York District.

v.         The owner shall provide tenant relocation assistance for tenants in the existing buildings, including the right for eligible tenants to return to a replacement rental unit, in accordance with the detailed terms set forth in Attachment 8 to the report (June 6, 2011) from the Director, Community Planning, North York District.

vi.        The owner shall prepare a Construction Mitigation and Tenant Communication Strategy, prior to the issuance of the first building permit (including demolition and/or excavation permit) in each phase of the construction, to the satisfaction of the Chief Planner and Executive Director, City Planning.

b.         The owner shall enter into, and register on title, one or more Section 111 Agreements to secure the conditions outlined in a. above and as detailed in the draft zoning bylaw amendment (Attachment 8), to the satisfaction of the Chief Planner and Executive Director, City Planning Division and the City Solicitor.

c.         The owner shall enter into and register, a Section 118 Restriction under the Land Titles Act agreeing not to transfer or charge any part of the lands, to the satisfaction of the City Solicitor, without the written consent of the Chief Planner and Executive Director, City Planning Division or his designate, to assist with securing the Section 111 Agreement against future owners and encumbrances of the lands.

d.         The owner shall first seek and obtain a building permit for the initial 130 replacement rental townhouse and stacked townhouse units prior to the issuance of any other building permit on site other than for a permit for excavation and shoring.

e.         The owner shall seek and obtain a building permit for the 140 replacement rental apartment units on the north site prior to the issuance of any other building permit during Phase 2 on the north site, other than for a permit for excavation and shoring.

10.       City Council authorize the Chief Planner and Executive Director, City Planning Division to issue a preliminary approval to the application under Municipal Code Chapter 667 for any of the existing rental housing buildings in any specific phase of the development after the latest of the following has occurred:

a.         The satisfaction of the conditions in Recommendation 8.

b.         The Official Plan and Zoning By-law Amendments in Recommendations 1 and 2 have come into full force and effect.

c.         The issuance of the site plan approval for the development by the Chief Planner and Executive Director, City Planning or his designate, pursuant to Section 114 of the City of Toronto Act, 2006.

11.       City Council authorize the Chief Building Official to issue a Section 111 permit under Municipal Code Chapter 667 after the Chief Planner and Executive Director, City Planning Division, has issued the preliminary approval in Recommendation 9 for any of the existing rental housing buildings in any specific phase of the development.

12.       City Council authorize the Chief Building Official to issue a permit under Section 33 of the Planning Act for any of the rental housing buildings no earlier than issuance of the first building permit for the foundation of the buildings in that phase of the development, and after the Chief Planner and Executive Director, City Planning Division has given the preliminary approval in Recommendation No. 9, which permit may be included in the demolition permit for Chapter 667 under 363-11.1E, of the Municipal Code, on condition that:

a.         The owner complete a residential building on site no later than three (3) years from the date the permit is issued for demolition of the buildings.

b.         Should the owner fail to complete the new building within the time specified in condition 11(a), the City Clerk shall be entitled to enter on the collector’s roll, to be collected in a like manner as municipal taxes, the sum of twenty thousand dollars ($20,000) for each dwelling unit for which a demolition permit is issued, and that such sum shall, until payment, be a lien or charge upon the land for which the demolition permit is issued.

13.       In accordance with the delegated approval under By-law 229-2000, as amended, City Council be advised that the Chief Planner intends to approve the draft plan of subdivision as generally illustrated on Attachment 2 to the report (June 6, 2011) from the Director, Community Planning, North York District, as revised and attached to the motion by Councillor Minnan-Wong, which eliminates the road connection from the North Site to Valley Woods Road, which is replaced with a cul-de-sac as depicted on the revised Attachment 2 attached to the motion by Councillor Minnan-Wong, and further, direct that all by-law maps and other maps referenced herein be revised to reflect the elimination of the connection of the North Site public road to Valley Woods Road to the satisfaction of the General Manager, Transportation Services and the Director, Community Planning, North York District, and subject to:

a.         The conditions as generally listed in Attachment No. 10 to the report (June 6, 2011) from the Director, Community Planning, North York District, which except as otherwise noted must be fulfilled prior to the release of the plan of subdivision for registration.

b.         The applicant submitting revisions to the servicing and stormwater management report and financial securities to guarantee the sanitary downstream improvements of the existing sanitary municipal sewer, to the satisfaction of the Director, Development Engineering, Technical Services Division prior to the approval of the draft plan of subdivision.

c.         Any such revisions to the proposed subdivision plan or any such additional modified conditions as the Chief Planner may deem to be appropriate to address matters arising from the on-going Development Engineering, Technical Services review and the review by other divisions of this development.

14.       City Council require that, in conjunction with the development, a parking layby lane on the south side of York Mills Road, from Valley Woods Road to Clayland Drive, be implemented, with all associated costs to be bourne by the developer, to the satisfaction of the General Manager, Transportation Services.

North York Community Council recommends that:

1.         City Council authorize the City Solicitor and an outside planner to attend the Ontario Municipal Board hearing in opposition to the Committee of Adjustment's approval of the minor variances with respect to the interior side yard setbacks.

North York Community Council recommends that:

1.         City Council authorize the City Solicitor to appeal the Committee of Adjustment's decision for 197 Cameron Avenue.

2.         City Council authorize the City Solicitor and City Planning staff to attend the Ontario Municipal Board hearing in opposition to the Committee of Adjustment's decision for 197 Cameron Avenue.

North York Community Council recommends that:

1.         City Council authorize the City Solicitor and an outside planner to attend at all proceedings before the Ontario Municipal Board pertaining to the appeal of the Committee of Adjustment decision with respect to 41 Saintfield Avenue to uphold the decision of the Committee of Adjustment.

On May 8, 2011, the North York panel of the Committee of Adjustment refused variances pertaining to the application regarding 41 Saintfield Avenue. The applicant was seeking numerous variances.

The applicant was requesting approval from the Committee of Adjustment to permit the existing third storey addition within the existing attic space to be maintained as constructed. Also, the proposed is the construction of a two-storey addition to the north west side of the existing dwelling, and converting the existing garage into habitable space.

The Ontario Municipal Board hearing for 41 Saintfield Avenue has been slated for Friday, September 23, 2011.

This request is made to authorize the City Solicitor and a planner to attend the Ontario Municipal Board to oppose the application.

This report responds to a concern about the lack of full time stopping regulations on both sides of Progress Avenue, west of Midland Avenue. Transportation staff has confirmed the need for this regulation in order to maintain clear and unobstructed sight-lines to the Pedestrian Traffic Control Signals recently installed on Progress Avenue, approximately 140 metres west of Midland Avenue.

It is recommended that Transportation Services install a No Stopping Anytime regulation on both sides of Progress Avenue from Midland Avenue to 202 metres west of Midland Avenue. This prohibition will ensure appropriate sight-lines to the traffic control signals for all approaching motorists and crossing pedestrians.