Agenda

The Agenda and related materials for this meeting are enclosed. The details of the meeting are noted at the top of the Agenda.

Members of Council and Staff: Please keep this agenda and the accompanying material until the City Council meeting dealing with these matters has ended. The City Clerk’s Office will not provide additional copies.

Notice to People Writing to Council: The City of Toronto Act, 2006 and the City of Toronto Municipal Code authorize the City of Toronto to collect any personal information in your communication or presentation to City Council or its committees.

The City collects this information to enable it to make informed decisions on the relevant issue(s). If you are submitting letters, faxes, e-mails, presentations or other communications to the City, you should be aware that your name and the fact that you communicated with the City will become part of the public record and will appear on the City’s website. The City will also make your communication and any personal information in it – such as your postal address, telephone number or e-mail address – available to the public, unless you expressly request the City to remove it.

The City video records Council, committee and community council meetings. If you make a presentation to a committee or community council, the City will be video recording you and City staff may make the video recordings available to the public. If you want to learn more about why and how the City collects your information, write to the City Clerk's Office, City Hall, 100 Queen Street West, Toronto ON M5H 2N2 or call 416-392-7032.

Closed Meeting Requirements: If Council wants to meet in closed session (privately), a member of Council must make a motion to do so and give the reason why Council has to meet privately (City of Toronto Act, 2006).

December 8, 2014

toronto.ca/council

This agenda and any supplementary materials submitted to the City Clerk can be found online at www.toronto.ca/council. Visit the website for access to all agendas, reports, decisions and minutes of City Council and its committees.

Report of the Executive Committee from Meeting 1 on December 5, 2014

Submitted by Mayor John Tory, Chair

Report of the North York Community Council from Meeting 2 on December 4, 2014

Submitted by Councillor Maria Augimeri, Chair

Report of the Scarborough Community Council from Meeting 2 on December 4, 2014

Submitted by Councillor Chin Lee, Chair

Report of the Toronto and East York Community Council from Meeting 2 on December 4, 2014

Submitted by Councillor Mike Layton, Chair

New Business and Business Previously Requested submitted by City Officials

The Executive Committee recommends that:

1.         City Council authorize the Mayor (or as an alternate to the Mayor, either the Deputy Mayor or the Chair of the Budget Committee) and the Deputy City Manager and Chief Financial Officer, during each of the years 2015, 2016, 2017 and 2018, to:

a.         enter into agreements for the sale, or the issuance and sale of debentures,  and revenue bonds and for entering into bank loan agreements, upon such terms and conditions, including price, as they deem expedient, for the purposes of borrowing money to obtain or provide long-term financing of any capital work, in an annual amount not to exceed $900 million per year;

b.         enter into any additional agreements necessary to provide for the management of interest rate risk, the management of currency risk or to minimize the costs or risks due to fluctuations in interest rates, all associated with the debentures, revenue bonds, or bank loan agreements upon terms satisfactory to them;

c.         to reopen an existing debenture issue if it is determined that the reopening will be advantageous to the City, depending upon capital market conditions;

d.         to temporarily borrow amounts that the City considers necessary to meet expenses of the City for the year and of prescribed amounts. whether or not they are expenses for the year, that the City requires in the year as set out in the applicable regulation under the City of Toronto Act, 2006 (COTA) until such time as the taxes are collected and other revenues are received, provided the total amount so borrowed plus the principal amount of any outstanding temporary borrowings together with all accrued interest thereon at any time will not exceed $300 million per year; and

e.         to temporarily borrow for capital works pending the issuance of debentures or entering into bank loans, in an amount not to exceed $300 million per year.

2.         City Council amend Toronto Municipal Code Chapter 30, Debenture and other Borrowing, to reflect Recommendation 1 above, and authorize the introduction of the necessary Bills in Council to give effect to the foregoing.

3.         City Council amend the City of Toronto’s Financing of Capital Works Policy and Goals to reflect Recommendation 1 above.

This report requests the delegation of Council's authority to the Mayor (or as an alternate to the Mayor, either the Deputy Mayor or the Chair of the Budget Committee) together with the Deputy City Manager and Chief Financial Officer, in respect of the following three borrowing activities on behalf of the City for the current term of Council:

a.                negotiating and entering into agreements for bank loans and for the sale and issuance of debentures and revenue bonds to provide long-term financing for the City’s capital program, up to the recommended annual limits;

b.                temporarily borrowing primarily for operating expenses pending the receipt of annual taxes and other revenues during Council’s term, up to the recommended annual limits; and

c.         temporarily borrowing for approved capital works pending long term financing, up to the recommended annual limits.

Since 2011, this authority has been delegated by Council for the duration of the Council term, within annual monetary limits.  Prior to 2011, the authority was delegated annually.

These measures are necessary to support the City’s efforts to maintain and enhance its fiscal sustainability, flexibility and credit worthiness.

The Executive Committee requested the Deputy City Manager and Chief Financial Officer to submit a report directly to Council enumerating the reasons for the negative variance on the supplementary taxes.

The Executive Committee also requested the City Manager to report:

1.         to the Executive Committee, no later than April 22, 2015, on a methodology to present the 2016 budget to Council, without requiring the use of gapping by City divisions, agencies and corporations.

2.         to the Executive Committee on January 22, 2015 on Toronto Police Service Traffic Enforcement Officer vacancy rates in 2013 and 2014.

3.         in future to the Executive Committee on a quarterly basis on Toronto Police Service Traffic Enforcement Officer vacancy rates.

The Executive Committee recommends that:

1.         City Council approve the 2015 Interim Operating Estimates totaling $3.283 billion as detailed by City Program and Agency in Appendix 1 to the report (November 21, 2014) from the Deputy City Manager and Chief Financial Officer.

2.         City Council authorize the Deputy City Manager and Chief Financial Officer to make net operating disbursement totaling $2.771 billion to tax and rate supported programs during the period January 1 to April 30, 2015, including cash transfer of $527.317 million to Agencies as detailed in Appendix 1 to the report (November 21, 2014) from the Deputy City Manager and Chief Financial Officer.

3.         City Council approve the 2015 Interim Capital Estimates totalled $945.048 million in gross expenditures and financing of $310.198 million in debt funding; $145.564 million in Provincial and Federal funding; $386.912  million in Reserve/Reserve Funds funding; and $76.914 million in Third Party and Other funding as detailed by City Program and Agency in Appendix 2 to the report (November 21, 2014) from the Deputy City Manager and Chief Financial Officer.

4.         City Council authorize and direct the appropriate City Officials to take the necessary action to give effect thereto.

The Executive Committee recommends that:

1.         City Council approve the 2015 Budget Process and Schedule which is designed to develop, review and adopt the 2015 Operating and Capital Budgets by March 11, 2015 as follows:

2015 Budget Process Schedule

This report seeks Council authority to allow the Island Yacht Club ("IYC") to enter into a management agreement with a company to be incorporated by the principals of the company that currently operates the Toronto Island Marina (referred to herein as "Manage Co").  It also seeks authority for the General Manager, Parks, Forestry and Recreation to amend the current lease agreement between the City of Toronto and the Island Yacht Club to allow the Island Yacht Club to enter into the Management Agreement with Manage Co.

This arrangement is to ensure the Island Yacht Club is able to meet its ongoing financial obligations to the City while providing an opportunity to increase its membership numbers. In 2004 the Island Yacht Club's clubhouse was destroyed by fire which caused a significant number of the club's members to relocate their boats to other clubs / marinas.  Since then, the Island Yacht Club has struggled to retain its current membership and entice new members, and has fallen into financial hardship. Currently, the Island Yacht Club has fewer than 50 paying members, and operates at a significant deficit.  The current scenario is unsustainable.  The Club’s operating deficit is expected to continue into the 2015 boating season.

 The Executive Committee recommends that:

1.         City Council direct the City Manager, in collaboration with the Toronto Transit Commission and the Provincial Government and its agencies, to bring forward an interim report to the January 22, 2015 meeting of Executive Committee to provide an accelerated work plan for a review of the SmartTrack and Regional Express Rail plans, including the required planning, environmental assessment, business case analysis, and implementation schedule.

2.         City Council authorize the City Manager to retain the following specialized services to support the review of the SmartTrack plan:

a.           the University of Toronto to support the planning analysis and required transit modeling;

b.           Strategic Regional Research Associates for assessing development scenarios along the SmartTrack alignment; and

c.           Third party peer reviewers of all SmartTrack analysis.

3.         City Council amend the 2015 Interim Estimates report (EX1.6) to include additional funding of up to $750,000 in the 2015 interim capital estimates, reflecting 50 percent of the Transit Expansion Initiatives capital project to conduct the various studies, and analyses, as outlined in Recommendation 1 and 2 above.

4.         City Council authorize the City Manager to engage provincial and federal officials and Greater Toronto and Hamilton Area municipalities as needed to review the SmartTrack and Regional Express Rail implementation plans and to pursue required partnership funding.

The application proposes amendments to the the North York Centre Seconday Plan and Zoning By-law 7625 to permit a revised design for the previously approved 34-storey mixed-use building at 4917 to 4975 Yonge Street.  The site extends the full block between Hollywood Avenue and Spring Garden Avenue and is the last site to be developed within the comprehensive development plan approved by the Ontario Municipal Board in 2005 for the block bounded by Yonge Street, Doris Avenue, Spring Garden Avenue and Hollywood Avenue.

The proposal includes a 34-storey mixed-use building (114 metres high), with 431 dwelling units and 8,523.4 square metres of non-residential gross floor area consisting of ground floor retail uses and commercial uses on the 2nd and 3rd floors.  Five levels of underground parking with 622 parking spaces are proposed.

The proposal provides for a mix of uses that will increase the diversity, vitality and interest of the North York Centre consistent with the objectives of the North York Centre Secondary Plan.  The proposed development reinforces the existing and planned built form context along Yonge Street in the Centre, and the building design and proposed landscape plazas along Yonge Street at the intersections of Hollywood Avenue and Spring Garden Avenue will contribute to and enhance the public realm. 

This report reviews and recommends approval of the application to amend the Official Plan and Zoning By-law and the approval in principle of the Site Plan application subject to the conditions outlined in this report.

At its meeting of June 14, 2014, North York Community Council (NYCC) deferred consideration of a final report on the application to amend the North York Centre Seconday Plan and Zoning By-law 7625 to permit a revised design for the previously approved 34-storey mixed-use building at 4917 to 4975 Yonge Street and amendments to Zoning By-law 7625 respecting the shared driveway between the existing apartment buildings at 23 Hollywood Avenue and 18 Spring Garden Avenue and the new mixed-use building proposed at 4917-4975 Yonge Street.  NYCC requested that staff report back on two matters to the August 12, 2014 meeting of NYCC.

This report provides information on the status of the items requested by NYCC concerning the Royal Canadian Legion Branch 66 at 6 Spring Garden Avenue and the future views of the proposed building from the existing apartment building at 65 Spring Garden Avenue.

This report also advises that the Official Plan and Zoning By-law amendment application has been appealed by the applicant to the Ontario Municipal Board (OMB) due to Council's failure to make a decision within the prescribed period under the Planning Act.  As a result of the appeal, the decision on the application is now within the jurisdiction of the OMB rather than Council.

On November 5th, 2014, the Committee of Adjustment North Panel considered an application for Consent and Minor Variances submitted by Rubinoff Design Group, on behalf of Namita and Ronit Sharma, to permit the severance of the subject property into two residential building lots, and the construction of a new two-storey dwelling on each of the proposed lots.

In their Staff Report, City Planning Staff recommended that the applications be refused on the grounds that the proposed severance did not respect the physical character of the lots in the neighbourhood with regards to lot frontage, and that the application did not meet the intent of the Zoning By-Laws for the R4 zone.

On November 5th, 2014, the Committee of Adjustment refused the consent applications on the grounds that the proposed land division did not conform to the policies of the official plan, the suitability of the land for the purposes for which it was to be subdivided had not been demonstrated and the suitability of the dimensions and shapes of the proposed lots had not been demonstrated. The associated variances were refused on the grounds that the general intent and purpose of the Official Plan and the Zoning By-law was not being maintained, the variances were not considered desirable for the appropriate development of the land, and, in the opinion of the Committee, the variances were not minor.

On November 14th, 2014, Glenn Rubinoff, on behalf of Ronit and Namita Sharma, appealed this decision to the Ontario Municipal Board.

North York Community Council recommends that:

1.         City Council authorize the City Solicitor and the City Planner to attend the Ontario Municipal Board hearing in support of the Committee of Adjustment's refusal of the lot severance and associated variances for 57 Horsham Avenue.

On November 5th, 2014, the Committee of Adjustment North Panel considered an application for Consent and Minor Variances submitted by M.P. Design & Associates Ltd., on behalf of Amir Charmchi in Trust, to permit the severance of the subject property into two residential building lots, and the construction of a new two-storey dwelling on each of the proposed lots.

In their Staff Report, City Planning Staff recommended that the applications be refused on the grounds that "the subjects lot, in its current form, maintains and reinforces the stability and character of the neighbourhood and approval of a severance on a lot this size could risk weakening the character of this neighbourhood".

On November 5th, 2014, the Committee of Adjustment refused the consent applications on the grounds that the proposed land division did not conform to the policies of the official plan, the suitability of the land for the purposes for which it was to be subdivided had not been demonstrated and the suitability of the dimensions and shapes of the proposed lots had not been demonstrated. The associated variances were refused on the grounds that the general intent and purpose of the Official Plan and the Zoning By-law was not being maintained, the variances were not considered desirable for the appropriate development of the land, and, in the opinion of the Committee, the variances were not minor.

On November 25th, 2014, Bruce Ketcheson, on behalf of Amir Charmchi, appealed this decision to the Ontario Municipal Board.

The Toronto and East York Community Council recommends that:

 1.        City Council enact the draft by-law from the City Solicitor to permanently close as a public highway the portion of the public lane abutting the east limit of 295 Adelaide Street West, described as follows:

                        Part of PIN 21412-0291 (LT)

                        Being a portion of the Lane on Plan 37E

                        Designated as Part 2 on Plan 66R-24890

                        Land Titles Division of the Toronto Registry Office (No. 66)

The Toronto and East York Community Council held a public meeting on December 4, 2014, and notice was given in accordance with the City of Toronto Act, 2006, of the proposed enactment of the draft by-law and was posted on the City's website.

Advising that the City of Toronto proposes to pass a by-law to permanently close the stratified portion of the public lane abutting the east limit of 295 Adelaide Street West, designated as Part 2 on Plan 66R-24890, City of Toronto.

The Toronto and East York Community Council held a public meeting on December 4, 2014, and notice was given in accordance with the City of Toronto Act, 2006, of the proposed enactment of the draft by-law and was posted on the City's website.

Transportation Services recommends that a stratified portion of the public lane at the rear of 1000 Bay Street be permanently closed.

The Toronto and East York Community Council held a statutory public meeting on December 4, 2014, and notice was given in accordance with the Planning Act.

This City-initiated Official Plan amendment will replace the existing policies in Area Specific Policy No. 221 that apply to St. Clair Avenue West from west of Avenue Road to west of Spadina Road.  It permits mid-rise buildings on St. Clair Avenue West with a maximum height no greater than the width of the street right-of-way.  In addition, it requires that development along St. Clair Avenue West support an improved pedestrian environment and limit the impact on the adjacent Neighbourhood.

This report reviews and recommends approval of the proposed amendment to Official Plan Area Specific Policy 221.

The purpose of this report is to obtain approval for the installation/removal of on-street accessible parking spaces for persons with disabilities.

As the Toronto Transit Commission (TTC) operates a transit service on the subject streets, City Council approval of this report is required.

North of Brooklyn Pizzeria Inc. (“North of Brooklyn”) is the occupant of an establishment located at 650½ Queen Street West (the "Premises") operating under the name North of Brooklyn Pizzeria.  North of Brooklyn submitted an application to the Licence Appeal Tribunal to remove some of the conditions that currently are attached to the liquor licence for the Premises. The conditions proposed to be removed are listed in Attachment 1 to this Motion.

In March of 2012, North of Brooklyn applied for a new liquor licence at the Premises. The City and some local residents objected to the application. In advance of a hearing at the Licence Appeal Tribunal (LAT) on December 12, 2012, North of Brooklyn, a local resident who was a party to the proceedings, and the City reached a settlement on conditions that were placed on the licence. These are the conditions that are subject to the current removal application.

The City objects to the current application to remove conditions from the liquor licence as a change in circumstances that would warrant their removal has not occurred at the Premises.

The conditions proposed to be removed primarily relate to the prevention of noise impacts late in the evening on local residents living in close proximity to the Premises. North of Brooklyn is located on a flanking street that is set well back from Queen Street West and is extremely close to low density residential properties. Local residents have advised the City that over the last few years North of Brooklyn has at times not abided by the conditions on their licence related to mitigating noise, and as a result local residents are being impacted by North of Brooklyn.

A change in circumstance has not occurred to permit the removal of the conditions currently attached to the liquor licence for the Premises. Therefore, it is not in the public interest having regard to the needs and wishes of the residents to have the conditions removed. The Licence Appeal Tribunal should issue a Proposal to Refuse the application.

This matter is considered urgent as the deadline for objections to the removal of conditions application was November 9, 2014.

The Toronto and East York Community Council recommends that:

A.        City Council advise the Alcohol and Gaming Commission of Ontario that it has no objection, for liquor licensing purposes, to the following requests, noting that applicants are required to comply with other applicable By-laws and to obtain the necessary permits for any patio areas extending into the City's right of way:

1.         Temporary liquor licence extensions until 4:00 a.m. each day (indoors only) for the following venues during Canadian Music Week to be held from May 1-10, 2015 at various locations in the City of Toronto:

Cadillac Lounge, 1296 Queen Street West
Drake Underground, 1150 Queen Street West
Smiling Buddha, 961 College Street
Cherry Cola, 200 Bathurst Street
Clinton's, 693 Bloor Street West
Dakota Tavern, 249 Ossington Street
Garrison, 1197 Dundas Street West
Great Hall, 1087 Queen Street West
Hard Luck, 812 Dundas Street West
Painted Lady, 218 Ossington Avenue
Revival, 783 College Street
Virgin Mobile Mod Club, 722 College Street
Adelaide Hall, 250 Adelaide Street West
Bovine, 542 Queen Street West
Branthouse, 522 King Street West
Cameron House, 408 Queen Street West
Dance Cave, 529 Bloor Street West
Handlebar, 159 Augusta Avenue
Hideout, 484 Queen Street West
Horseshoe Tavern, 370 Queen Street West
Hoxton, 69 Bathurst Street
Lee's Palace, 529 Bloor Street West
Rivoli, 334 Queen Street West
Silver Dollar, 486 Spadina Avenue
Sneaky Dee's, 431 College Street
Supermarket, 268 Augusta Avenue
Tattoo, 567 Queen Street West
Underground Garage, 365 King Street West
Velvet Underground, 508 Queen Street West
Hard Rock, 279 Yonge Street

2.         Temporary liquor licence extension during the International Ice Hockey Federation (IIHF) World Junior Championship for the Real Sports Bar & Grill, located at 15 York Street, to extend into Bremner Circle (outside of the Air Canada Centre) and adjacent to Maple Leaf Square, on:

January 2, 2015 from 11:00 a.m. to 11:00 p.m.,
January 3, 2015 from 5:00 p.m. to 11:00 p.m.
January 4, 2015 from 2:00 p.m. to 11:00 p.m.
January 5, 2015 from 2:00 p.m. to 11:00 p.m.

3.         Temporary liquor licence extension until 4:00 a.m. for The Garrison, 1197 Dundas Street West on February 15, 2015, during The Wavelength Music Festival 15 to be held at various locations from February 11 to February 15, 2015.

B.        City Council not approve the requests for a temporary liquor licence extension until 4:00 a.m. during Canadian Music Week to be held from May 1-10, 2015, for the following venues, and advise the Alcohol and Gaming Commission of Ontario of its objection:

Rancho Relaxo, 300 College Street
Uniun, 473 Adelaide Street West
Phoenix, 410 Sherbourne Street

C.        City Council approve the following road closures:

1.         Road closures for Fan Fest Events from January 2-5, 2015 from 7:00 a.m. to 11:59 p.m. each day on Bremner Boulevard from east of York Street to Lake Shore Boulevard West, during the IIHF 2015 World Junior Championship to be held from December 26, 2014 to January 5, 2015, at the Air Canada Centre.

2.         Temporary closure of the north curb lane of Wellington Street West from John Street to Simcoe Street for load in, event dates and load out, during World MasterCard Fashion Week, to be held from March 23 to March 27, 2015, from 11:00 a.m. to 11:59 p.m. each day, at David Pecaut Square, 55 John Street.

3.         Road closures on Dovercourt Road between Queen Street West and the first alleyway south of Queen Street West, including adjacent sidewalks on Dovercourt Road during the Long Winter Fair to be held on February 13, 2015, from 6:00 p.m. to 11:00 p.m., at The Great Hall, 1087 Queen Street West, Dovercourt Road between Queen Street West and the first alleyway south of Queen Street West.

The Toronto and East York Community Council:

1.         City Council advise the Alcohol and Gaming Commission of Ontario of its support of the application from Left Field Brewery, 36 Wagstaff Drive, for a Manufacturer's Limited Liquor Sales Licence for sales by the glass during opening hours between 11:00 a.m. and 9:00 p.m.

I am in receipt of a communication from the Co-Owner of Left Field Brewery at 36 Wagstaff Drive advising that in order to obtain a Manufacturer's Limited Liquor Sales Licence a resolution from the Council of the Municipality is required in support of the issuance of the licence, which allows for the "sales by the glass" permit during opening hours between 11:00 a.m. and 9:00 p.m.

The Toronto and East York Community Council recommends that:

1.         City Council authorize the City Solicitor and any appropriate staff to attend all proceedings related to this application for 67 and 71 Heath Street West before the Ontario Municipal Board in opposition to the Committee of Adjustment's decision to approve this application for variances and consent and to hire outside consultants if required to support City Council's position.

An application for minor variances and consent for severance related to 67 and 71 Heath Street West was approved by the Toronto and Eat York Panel of the Committee of Adjustment on August 20 2014.  The applicant proposed the demolition of the existing homes at 67 and 71 Heath Street West to build three new townhouses with integral garages.

The Deer Park Residents Group has appealed this decision to the Ontario Municipal Board.  The board has scheduled a hearing for January 21, 2015.

Residents have raised significant concerns about the impact the applicant's proposal will have on the stability of the neighbourhood.  These concerns relate to the impact the substandard lot sizes with integral garages will have on the streetscape, and the loss of light, views and privacy in relation to the additional height and length of homes.  I share the concerns raised by the residents, and appeared at the Committee of Adjustment panel to request that this application be refused. 

The Toronto and East York Community Council recommends that:

1.         City Council direct the City Clerk to advise the Registrar of the Alcohol and Gaming Commission of Ontario that the liquor licence application for Duffy's Tavern, 1238 Bloor Street West (“Premises”), is not in the public interest having regard to the needs and wishes of the residents, and that the Registrar should issue a Proposal to Refuse the liquor licence application.

2.         City Council request the Licence Appeal Tribunal (“LAT”) to provide the City with an opportunity to be made a party in any proceedings with respect to the Premises.

3.         City Council authorize the City Solicitor to attend all proceedings before the LAT in this matter and to take all necessary action so as to give effect to this Motion, including adding and deleting conditions to any liquor licence issued for the Premises, in consultation with the Ward Councillor, which address issues including, but not limited to, noise, litter, safety, lighting and other potential disturbances to residents in the area.

2200608 Ontario Limited has submitted an application for a liquor licence to the Alcohol and Gaming Commission of Ontario (“AGCO”) for the premises at 1238 Bloor Street West, operating under the name Duffy's Tavern (“Premises”). The application is for an outdoor patio on Bloor Street with a proposed capacity of 6 persons. 

These Premises have been the subject of three hearings at the AGCO to either revoke or suspend its liquor licence because of alleged breaches of the Liquor Licence Act ("Act") and regulations. The liquor licence was suspended on two occasions for 17 and 6 days respectively, based upon the admission of the licensees to breaches of the Act or regulations. At the third hearing, even though there were admitted breaches of the Act and so noted by the tribunal, suspension of the liquor licence was waived.

The Premises are located in close proximity to residential properties. There are concerns related to noise, litter, safety, lighting and other potential disturbances to residents in the area.

This application for a liquor licence is not in the public interest. The Registrar of the AGCO should be requested to issue a Proposal to Refuse the liquor licence application.

The Toronto and East York Community Council recommends that:

1.         City Council direct the City Clerk to advise the Registrar of the Alcohol and Gaming Commission of Ontario that the liquor licence expansion application for Pho Rua Vang, 125A Ossington Avenue (“Premises”), is not in the public interest having regard to the needs and wishes of the residents, and that the Registrar should issue a Proposal to Review the liquor licence expansion application.

2.         City Council request the Licence Appeal Tribunal (“LAT”) to provide the City with an opportunity to be made a party in any proceedings with respect to the Premises.

3.         City Council authorize the City Solicitor to attend all proceedings before the AGCO and LAT in this matter and to take all necessary action so as to give effect to this Motion, including adding and deleting conditions to the current liquor licence issued for the Premises, in consultation with the Ward Councillor, which address issues including, but not limited to, noise, litter, safety, lighting and other potential disturbances to residents in the area.

The Toronto and East York Community Council recommends that:

1.         City Council direct the City Clerk to advise the Registrar of the Alcohol and Gaming Commission of Ontario that the liquor licence application for Cote de Boeuf, 130 Ossington Avenue (“Premises”), is not in the public interest having regard to the needs and wishes of the residents, and that the Registrar should issue a Proposal to Review the liquor licence application.

2.         City Council request the Licence Appeal Tribunal (“LAT”) to provide the City with an opportunity to be made a party in any proceedings with respect to the Premises.

3.         City Council authorize the City Solicitor to attend all proceedings before the LAT in this matter and to take all necessary action so as to give effect to this Motion, including adding and deleting conditions to any liquor licence issued for the Premises, in consultation with the Ward Councillor, which address issues including, but not limited to, noise, litter, safety, lighting and other potential disturbances to residents in the area.

The Toronto and East York Community Council:

1.         Requested the Chief Planner and Executive Director, City Planning Division, to report on an urgent basis directly to City Council at its meeting on December 11, 2014 with respect to the City position to be taken at the Ontario Municipal Board Hearing, scheduled for January 22 and 23, 2015, on the proposed development at 124 Belsize Drive.

The Toronto and East York Community Council, under its delegated authority, amended its decision of August 12, 2014 under Item TE34.49 with respect to the Residential Demolition Application for 255 College Street by deleting the words "with the permit to be issued upon the zoning coming into effect and the successful execution of the Section 37 Agreement", so that the Toronto and East York Community Council's approval now reads:

"The Toronto and East York Community Council:

1.         Approved the applications to demolish the 3 storey above grade and 1 storey below grade mixed-use building at 255 College Street."

The Deputy City Manager and Chief Financial Officer recommends that:

1. The project cost of the Toronto Zoo's Animal Health Centre capital project be increased by $2.535 million to $18.035 million, financed by trust funds held for the Toronto Zoo by the Community Foundation, with cash flow allocations of $1.690 million in 2015 and $0.845 million in 2016.

The City Solicitor recommends that:

1. Council adopt the confidential Recommendation to staff in Attachment 1 and authorize the public release of that Recommendation.

The Ontario Municipal Board (the “OMB”) has set a hearing date for one day on Wednesday, February 18, 2015 to hear the appeal regarding Official Plan Amendment 237 (OPA No. 237).  Further direction from City Council is required in advance of the hearing.

The City Solicitor recommends that:

1. City Council adopt the confidential instructions to staff in Attachment 1 of this report;

2. If adopted, the Recommendations in Attachment 1 be released in the discretion of the City Solicitor as described in Attachment 1, with the balance of Attachment 1 to remain confidential.

The City Planning Division recommends that Recommendations 1 to 11 contained in Final Report (Item PG 34.3), dated May 28, 2014 and Recommendations 1 to 5 contained in the Supplementary Report, dated June 16, 2014, from the Chief Planner and Executive Director, City Planning, be deleted and replaced with the following:

1.  City Council receive the Final Report (Item PG 34.3), dated May 28, 2014 and the Supplementary Report (Item PG 34.3a), dated June 16, 2014, from the Chief Planner and Executive Director, City Planning, for information;

2.  City Council amend the City of Toronto Official Plan substantially in accordance with the draft Official Plan Amendment No 283 for the lands at 30 Ordnance Street attached as Attachment 1 to the Supplementary Report (December 4, 2014) from the Chief Planner and Executive Director, City Planning Division;

3.  City Council amend former City of Toronto Zoning By-law 159-2012, being a By-law to amend Zoning By-law 438-86, as amended, for the lands at 30 Ordnance Street, substantially in accordance with the draft Zoning By-law Amendment attached as Attachment No. 2 to the Supplementary Report (December 4, 2014), from the Chief Planner and Executive Director, City Planning Division;

4.  Before introducing the Bills contemplated in Recommendations 2 and 3 above to Council for enactment, City Council require that the adjustment of the proposed boundary between 30 Ordnance Street and the future park has been accepted in accordance with the Park Reconveyance Agreement dated April 16, 2012 between the City of Toronto and Build Toronto Inc. to the satisfaction of the General Manager, Parks, Forestry and Recreation, and the Chief Corporate Officer; 

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

6. Before introducing the necessary Bills contemplated in Recommendations 2 and, 3 to City Council for enactment, City Council require the owner(s) to enter into appropriate Agreement(s) pursuant to Section 37 of the Planning Act satisfactory to the City Solicitor to secure the following, at the owner's expense, in connection with  30 Ordnance Street also referred to as Block 2:

i         prior to issuance of any building permit, including permits for excavation and shoring, for the first building or structure on the lands, the owner shall submit a Construction Management Plan, for each phase, to the satisfaction of the Chief Planner and Executive Director, City Planning Division, and the Chief Building Official, in consultation with the Ward Councillor, and thereafter, shall implement the plan during the course of construction, with details to be included in the Section 37 Agreement;

ii.       prior to issuance of any building permit for the first building or structure within the lands, excluding issuance of permits for shoring and excavation within that portion of the lands identified on Map 1 forming part of By-law 159-2012 as originally passed by City Council on February 6 and 7, 2012, the owner shall obtain all necessary approvals and ensure that arrangements are in place to provide for temporary relocation of existing access routes and access easements in favour of Metrolinx within the easterly limit of the lands (formerly part of 10 Ordnance Street) to an alternative location through 10 Ordnance Street, providing access to the Metrolinx infrastructure at the "tip lands' to the satisfaction of the Chief Planner and Executive Director, City Planning Division, in consultation with the General Manger, Parks Forestry and Recreation and the Chief Corporate Officer;

iii.      prior to issuance of any building permit for the first building or structure within the lands, excluding issuance of permits for shoring and excavation within that portion of the lands identified on Map 1 forming part of By-law 159-2012 as originally passed by City Council on February 6 and 7, 2012, the owner shall have acquired all of the additional land comprising the lands subject to the Zoning By-law Amendment for 30 Ordnance Street confirmed by written notice to the City Solicitor and the agreements securing the provision of the facilities, services and matters relating to the increase in height and density on the lands as contemplated by the Zoning By-law Amendment shall have been registered on title to all of the lands to the satisfaction of the City Solicitor;

iv.      prior to issuance of an above grade building permit for the first building on the lands, the owner shall make a cash contribution to the City in the amount of $100,000.00 to be allocated toward the costs associated with the Fort York Pedestrian and Cycle Bridge and/or improvements to the area park space at the discretion of the Ward Councillor, as required pursuant to the decision of the Ontario Municipal Board issued September 9, 2013 (OMB File PL130565) in connection with minor variance application A0915/12TEY. Such amount to be indexed upwardly in accordance with the Statistics Canada Non-Residential Construction Price Index for Toronto for the period from the date of the Ontario Municipal Board Decision to the date of submission of the funds by the owner to the City;

v.       prior to the registration of the first plan of condominium for a building on the lands, the owner shall provide and shall thereafter maintain, at no cost to the City, a minimum of 70 additional bicycle parking spaces on the lands in excess of the minimum zoning requirements applicable to the lands. The type and location of the additional bicycle parking spaces will be determined in the context of site plan control applications for the lands and the additional spaces will be provided in accordance with the dimensional requirements of a bicycle parking space-occupant or bicycle parking space-visitor, as the case may be, all to the satisfaction of the Chief Planner and Executive Director, City Planning Division; and

vi.      prior to the issuance of the first above grade permit for a building on the lands, the owner shall, to the satisfaction of the Chief Planner and Executive Director, City Planning Division, provide at no cost to the City a bike share station to be located in the vicinity of the lands which will be owned by a profit or non-profit bike sharing organization and comprises a minimum of ten (10) bike share spaces, or, at the option of the owner, submit payment for the cost of provision of the same in lieu thereof; 

7.  City Council authorize the appropriate City officials to take such actions as are necessary to implement the foregoing, including execution of necessary Section 37 Agreement;

8.  City Council authorize cash-in-lieu funds generated through the Alternative Rate Parkland Dedication By-law in connection with 30 Ordnance Street that are above the first 5%, to be directed for use to construct the Above Base Park Improvements to the future park within 10 Ordnance Street, the South Stanley Park extension, and/or Fort York National Historic Site, to the satisfaction of the General Manager, Parks Forestry and Recreation, Division, in consultation with the Manager, Fort York National Historic Site, and the Ward Councillor;

9.  That City Council determine that pursuant to Section 34(17) of the Planning Act, as amended, no further notice is required in respect of the proposed Zoning By-law Amendment for 30 Ordnance Street;

10.  City Council grant authority to amend the terms of the Park Reconveyance Agreement between the City and Build Toronto Inc. dated April 16, 2012, and any related agreements or easements, substantially on the terms outlined in the Attachment No. 4, to the Supplementary Report (December 4, 2014) from the Chief Planner and Executive Director, City Planning Division, and on such other or amended terms and conditions as are acceptable to the Chief Corporate Officer and General Manager of Parks, Forestry and Recreation, and in a form satisfactory to the City Solicitor;

11.  City Council authorize the funds generated through the amendment to the Park Reconveyance Agreement, as described in a) of Attachment 3 to the Supplementary Report (December 4, 2014) from the Chief Planner and Executive Director, City Planning Division, be directed for use to construct the Above Base Park Improvements to the future park within 10 Ordnance Street;

12.  City Council authorize the Chief Corporate Officer and the Director of Real Estate Services to execute the transaction documents required to implement Recommendation 10, above, regarding the Park Reconveyance Agreement on behalf of the City, including the execution of any required consents, approvals or permissions; and,

13.  That the Chief Planner and Executive Director, City Planning Division report to the April 13, 2014 Planning and Growth Management Committee on the proposed Zoning By-law amendment application at 10, 11, and 25 Ordnance Street and 45 Strachan Avenue.

At its meeting on June 19, 2014, Planning and Growth Management Committee considered a Final Report dated May 28, 2014, and Supplementary Report dated June 16, 2014 from the Director of Community Planning, Toronto and East York District, recommending approval of the Zoning By-law Amendment application to construct two mixed-use buildings with towers at heights of 39, 34, and 24 storeys, at 11 and 25 Ordnance Street and 45 Strachan Avenue.  The reports also recommended approval of amendments to Official Plan Amendment 125 and to Zoning By-law 159-2012 to modify existing permissions for two residential buildings at 30 Ordnance Street (10 115786 STE 19 OZ). All lands subject to this application are collectively referred to as the “Ordnance Triangle."

Planning and Growth Management Committee recommended that the Chief Planner and Executive Director, City Planning Division be directed to report further and directly to Council on certain matters related to road improvements, park grading and retaining wall design and construction, and a reduction to resident and visitor parking spaces.

At its meeting on August 27 and 28, 2014 City Council referred the matter back to the Chief Planner and Executive Director, City Planning to continue discussions and report back directly to Council at its meeting in December 2014. This report recommends adoption of the Official Plan Amendment and further revisions to the Draft Zoning By-law amendment for 30 Ordnance Street, with no further notice being required. It further recommends that staff to report back to City Council in February 2015 on the proposed Zoning By-law amendment application at 10, 11, and 25 Ordnance Street and 45 Strachan Avenue. 

Councillor Gary Crawford, seconded by Councillor Glenn De Baeremaeker, recommends that:

1.  City Council authorize the City Solicitor and appropriate City Staff to attend the Ontario Municipal Board to uphold the Committee of Adjustment's refusal of the Minor Variance for 4366 Kingston Road.

Councillor Michael Thompson, seconded by Mayor John Tory, recommends that:

1. City Council direct the Chief Corporate Officer to present the City’s latest emergency evacuation policy, plans and procedures covering Council Chamber and Committee Rooms at City Hall and at Toronto’s Civic Centres to the Executive Committee of Council for review in closed session.

2. City Council direct the Chief Corporate Officer to test the effectiveness of the current plan by implementing a security exercise including Members of Council, City Clerk's staff and other City staff who attend City Council and Committee meetings by the end of January 2015.

Councillor Gord Perks, seconded by Councillor Joe Cressy, recommends that:

1. City Council direct the City Clerk to advise the Registrar of the Alcohol and Gaming Commission of Ontario (AGCO) that the issuance of a liquor licence for Nine at 9 Roncesvalles Avenue is not in the public interest having regard to the needs and wishes of the residents unless conditions are placed on the licence and that the Registrar should issue a Proposal to Review the liquor licence application.

2. City Council request the AGCO to provide the City of Toronto with an opportunity to participate in any proceedings with respect to the Premises.

3. City Council authorize the City Solicitor and to attend all proceedings before the AGCO in this matter and direct the City Solicitor to take all necessary actions so as to give effect to this Motion, including adding conditions to any liquor licence issued for the Premises.

An application has been submitted to the Alcohol and Gaming Commission of Ontario (AGCO) for a liquor licence at the premises at 9 Roncesvalles Avenue.  This Motion requests that City Council advise the Alcohol and Gaming Commission of Ontario (AGCO) that this application for a liquor licence is not in the public interest unless certain conditions, addressing the concerns of the community, are attached to the licence.

This establishment is located in close proximity to residential units.  There are concerns in the community that an establishment with a liquor licence can cause noise and disturbance to residents in the area.  If conditions are put in place, these concerns may be mitigated.  Under no circumstance should the establishment be granted a liquor sales licence without conditions attached.

Urgent consideration is being requested.

Councillor Joe Mihevc, seconded by Mayor John Tory, recommends that:

1.  City Council authorize the General Manager, Parks, Forestry and Recreation to prepare and execute a licence agreement which contemplates no licence fees between the City of Toronto and Toronto Artscape Inc. for the area outlined in Attachment 1 to this Motion, for a term of twenty (20) years, to the satisfaction of the General Manager, Parks, Forestry and Recreation, Artscape, the local Ward Councillor and the City Solicitor.

Wychwood Barns has been operated by Toronto Artscape Inc. ("Artscape") since 2006 further to a fifty-year lease agreement with the City of Toronto.

The lease permits Artscape to operate and manage barns numbered one to four.  Under the terms of the lease Artscape is responsible for all costs associated with the space, but in conjunction with major capital building improvements is not required to pay rent.

Over the years, Artscape, working in partnership with a variety of community partners, has required the use of exterior space (area outlined on Attachment 1) for tents and other equipment in conjunction with scheduled events.  This area also serves as the main entrance, loading zone and fire exit to the barns facility.

The exterior space is controlled by the Parks, Forestry and Recreation Division and to date has required Artscape to apply for a Parks Special Event Permit individually for each event.

Further to discussion with City staff, it was determined that a licence agreement for the exterior space would allow Artscape to obtain timely access to the land when needed for events.  This space is not typically permitted by any groups other than Artscape.

Artscape would undertake to manage the space and act as the single point of entry for clients and community groups hosting special events that require this part of the park. The Parks, Forestry and Recreation Division would continue to manage and maintain the rest of the park.  It is in the interests of the City to allow Artscape to use the additional exterior space as part of its operation and management of the barns facility.  Accordingly, no licence fees will be charged to Artscape for the licensed space.

This Motion is urgent as there are a number of special events that will be taking place at Artscape Wychwood Barns which will require the exterior space during this winter season. A delay in the Licence Agreement will not help the event planning at the Barns, will compromise these events and make planning much more difficult.

Councillor Joe Cressy, seconded by Councillor Ana Bailão, recommends that:

 1.  City Council authorize the City Solicitor and appropriate staff to appear at the Ontario Municipal Board hearing of the appeal of the Committee of Adjustment decision in regard to 188 Lippincott Street in support of the staff recommendations of October 8, 2014, from the Director, Community Planning, Toronto and East York District.

Councillor Giorgio Mammoliti, seconded by Councillor Vincent Crisanti, recommends that:

1.  City Council request the General Manager, Transportation Services to report as part of the 2015 Operating Budget process on past snow removal service standards of the former municipality of North York, such report to include the feasibility of changing snow removal service standards in North York from their current levels to the same snow removal service standards that were in place in the former municipality of North York, so that residents in the northwest corner of the City receive primary and secondary snow removal service in a more timely manner.

In 2013 the City of Toronto experienced one the worst ice storms in recent history followed by a long and cold winter with many more snow falls. Residents in Ward 7 and Ward 1 placed many phone calls to 311 regarding the amount of time it took for primary and secondary plows to come service their streets.  Often, the secondary plow (which clears the windrows) never came thus blocking the residents in their houses.  To ensure the most effective snow removal response is being taken the City must revisit its current policy of snow removal standards with the goal of enhancing its current service standards to that which rivals service standards of the former municipality of North York.

Councillor Mark Grimes, seconded by Councillor Stephen Holyday, recommends that:

City Council adopt the following recommendations in the report (December 10, 2014) from the City Solicitor:

1.  City Council adopt the confidential instructions in Attachment 1.

2.  City Council authorize the public release of the confidential instructions in Attachment 1 if adopted by Council and the balance of Attachment 1 and the information contained in Appendix "A" remain confidential and not be released to the public.