Decisions

May 6, 2014:

City Council adopted the May 6, 2014 Order Paper, as amended and all other Items not held on consent.

May 7, 2014:

City Council adopted the May 7, 2014 Order Paper.

May 8, 2014:

City Council adopted the May 8, 2014 Order Paper, as amended.

City Council on May 6, 7 and 8, 2014, referred Administrative Inquiry IA51.1 from Councillor Paul Ainslie, Ward 43, Scarborough East, regarding the Status of the Mayor's Task Force on Homelessness to the Executive Committee for consideration.

City Council on May 6, 7 and 8, 2014, adopted the following:

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

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

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

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

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

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

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

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

City Council on May 6, 7 and 8, 2014, adopted the following:

1.         City Council direct that the 2012 operating surpluses totalling $10,245 from four Arenas (George Bell; Larry Grossman Forest Hill Memorial; North Toronto; Ted Reeve) be paid to the City of Toronto and be used to partially fund payment of the cumulative operating deficit of $136,059 for four Arenas (William H. Bolton, Leaside Memorial Community Gardens, McCormick, Moss Park), resulting in an operating net deficit of $125,814 to be funded by the City, as detailed in Appendix A, column (d), to the report (March 10, 2014) from the Deputy City Manager and Chief Financial Officer.

2.         City Council direct that a funding provision for the 2012 net deficit of $11,314 be made through the 2013 Final Year-End Operating Variance Report, as calculated in Appendix A to the report (March 10, 2014) from the Deputy City Manager and Chief Financial Officer.

City Council on May 6, 7 and 8, 2014, adopted the following:

1.         City Council direct that the accumulated surpluses of $526.00 from two Association of Community Centres (AOCCs) centres be paid to the City of Toronto and be used to partially fund the payment of operating deficits of $117,998.00 for the core administration operations of the other eight centres, resulting in a net payment of $117,472.00 for operating over-expenditures as detailed in Appendix 1 to the report (March 12, 2014) from the Deputy City Manager and Chief Financial Officer.

City Council on May 6, 7 and 8, 2014, adopted the following:

1.         City Council request the City Manager to maintain Occupational Health and Safety as a priority within Toronto Public Service Workforce Plan (Talent Blueprint 2014-2018).

 2.        City Council affirm the new workforce plan, the Talent Blueprint 2014-2018 Building a great Toronto Public Service, as amended by Part 1 above.

4.         City Council request the General Manager, Economic Development and Culture to:

a.         establish a working group with community groups, BIAs, other interested non-governmental organizations that are working on innovative initiatives to incubate small business and cultural activity in vacant storefronts, to further develop new models for the Property Tax Rebate for vacant commercial and industrial buildings that encourage community and local economic activity;

b.         undertake analysis of the current utilization of the Property Tax Rebate for Vacant Properties and other research to examine any trends or patterns of use that would help inform the work underway on this policy;

c.         differentiate, as appropriate, the small retail class of businesses from larger commercial industrial properties in further work on this policy issue, recognizing the different conditions and needs of these property owners and businesses; and

d.         request consideration for a temporary exemption from the current legislative provisions in order to undertake pilot projects in the City of Toronto in further discussions with Provincial officials.

City Council on May 6, 7 and 8, 2014, adopted the following:

1.         City Council receive the report (March 24, 2014) from the Deputy City Manager and Chief Financial Officer, for information.

City Council on May 6, 7 and 8, 2014, adopted the following:

1.         City Council not rescind the 6:30 a.m. to 9:30 a.m., Monday to Friday, southbound right-turn prohibition at the intersection of Victoria Park Avenue and Bracken Avenue.

City Council on May 6, 7 and 8, 2014, adopted the following:

1.         City Council authorize the General Manager, Transportation Services, to issue a Notice of Completion and to file the Environmental Study Report (ESR) for the Eglinton Avenue Class Environmental Assessment Study in the public record for a minimum 30 days in accordance with the requirements of the Municipal Class Environmental Assessment.

2.         City Council advise Metrolinx to incorporate the recommended plans in any segments of Eglinton Avenue that Metrolinx will be reconstructing as part of the below-grade section of the Eglinton Crosstown LRT project.

3.         City Council direct the appropriate staff to continue to work with Metrolinx during the construction period to monitor traffic patterns and conduct the post-Environmental Assessment traffic studies described in this report.

4.         City Council direct the General Manager, Transportation Services, in consultation with the appropriate City staff, to develop an interim design and implementation strategy for the mid-block areas between stations, prior to the construction of the recommended ultimate configuration.

5.         City Council direct the Deputy City Manager and Chief Financial Officer, following the completion of the Metrolinx Eglinton Crosstown LRT Project, to identify a recommended funding strategy for Council's consideration as part of the future capital budget process for the implementation of the recommended ultimate configuration.

City Council on May 6, 7 and 8, 2014, adopted the following:

1.         City Council receive the report (March 25, 2014) from the General Manager, Toronto Water, for information.

City Council on May 6, 7 and 8, 2014, adopted the following:

1.         City Council approve the application to demolish the 24 existing residential rental units located in the residential rental apartment building at 1990 Bloor Street West pursuant to Municipal Code Chapters 667 and 363 subject to the following conditions under Chapter 667 which provide for the replacement of rental housing, as outlined in the report (March 18, 2014) from the Director, Community Planning, Etobicoke York District:

a.         the owner shall provide and maintain twenty-four (24) residential rental units on the subject site as rental housing for a period of at least 20 years, comprising five bachelor and nineteen one-bedroom units, as shown on the plans submitted to the City Planning Division dated December 13, 2013 with any revisions to be to the satisfaction of the Chief Planner and Executive Director, City Planning, and of which at least two one-bedroom units shall have affordable rents and the remainder shall have rents no higher than mid-range rents;

b.         the owner shall provide tenant relocation assistance to eligible tenants, including: an extended notice period; financial assistance beyond the minimums of the Residential Tenancies Act; and the right to return to a replacement rental unit for all of the tenants (the "Tenant Relocation and Assistance Plan"), and that the Tenant Relocation and Assistance Plan shall be to the satisfaction of the Chief Planner and Executive Director, City Planning;

c.         the owner shall enter into and register on title one or more Section 111 Agreement(s) to secure the conditions outlined in (a) and (b) above and as described in the Draft Zoning By-law Amendment - Attachment 2 to the report (March 18, 2014) from the Director, Community Planning, Etobicoke York District to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning; and

d.         the owner shall enter into and register on title, a Section 118 Restriction under the Land Titles Act (to the satisfaction of the City Solicitor) agreeing not to transfer or charge those parts of the lands, comprising the 24 replacement rental units, without the written consent of the Chief Planner and Executive Director, City Planning or her designate, to assist with securing the Section 111 Agreement against future owners and encumbrances of the lands until such time as the City Solicitor determines that its registration on title is no longer required to secure the provisions of the Section 111 Agreement.

2.         City Council authorize the Chief Planner and Executive Director, City Planning to issue preliminary approval to the application under Municipal Code Chapter 667 after the latest of the following has occurred:

a.         satisfaction or securing of the conditions in Part 1 above;

b.         after the Zoning By-law Amendment for the proposed development approved in principle by the Ontario Municipal Board on February 19, 2014 has come into full force and effect; and

c.         the issuance of the Notice Of Approval Conditions for site plan approval by the Chief Planner and Executive Director, City Planning or her designate, pursuant to Section 114 of the City of Toronto Act, 2006.

3.         City Council authorize the Chief Building Official and Executive Director, Toronto Building to issue a Section 111 permit under Municipal Code Chapter 667 after the Chief Planner and Executive Director, City Planning has issued the preliminary approval referred to in Part 2 above.

4.         City Council authorize the Chief Building Official and Executive Director, Toronto Building to issue a permit under Section 33 of the Planning Act no earlier than issuance of the first building permit for excavation and shoring of the development approved by the OMB on February 19, 2014, and as provided for in the Draft Zoning By-law Amendment attached to the report (March 18, 2014) from the Director, Community Planning, Etobicoke York District, and after the Chief Planner and Executive Director, City Planning has issued the preliminary approval referred to in Part 2 above, which permit may be included in the demolition permit for Chapter 667 under 363-11.1 of the Municipal Code, on condition that:

a.         the owner erect a residential building on site no later than two (2) years from the day demolition of the buildings is commenced; and

b.         should the owner fail to complete the new building within the time specified in Condition 4.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 ($20,000.00) for each dwelling unit for which a demolition permit is issued, and that each sum shall, until payment, be a lien or charge upon the land for which the demolition permit is issued.

5.         City Council authorize the appropriate City officials to take such actions as are necessary to implement Council's decision, including execution of the Section 111 Agreement.

City Council on May 6, 7 and 8, 2014, adopted the following:

1.         City Council amend the former City of Etobicoke Zoning Code for the lands at 4750 Eglinton Avenue West substantially in accordance with the Draft Zoning By-law Amendment attached as Attachment 6 to the report (March 20, 2014) from the Director, Community Planning, Etobicoke 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 accordance with the delegated approval under By-law 229-2000, as amended, City Council be advised the Chief Planner and Executive Director, City Planning intends to approve the Draft Plan of Subdivision as generally illustrated on Attachment 2 to the report (March 20, 2014) from the Director, Community Planning, Etobicoke York District, subject to:

a.         the conditions as generally listed in Attachment 7 to the report (March 20, 2014) from the Director, Community Planning, Etobicoke York District, which except as otherwise noted must be fulfilled prior to final approval and the release of the Plan of Subdivision for registration;

b.         any such revisions to the proposed subdivision plan or any such additional modified conditions as the Chief Planner and Executive Director, City Planning may deem to be appropriate to address matters arising from the on-going technical review of this proposal; and

c.         the Draft Plan of Subdivision being amended to show Blocks 11 and 12 (public walkways) having a minimum width of 2.5 m.

City Council on May 6, 7 and 8, 2014, adopted the following:

1.         City Council authorize the City Solicitor, together with City Planning staff to attend the Ontario Municipal Board hearing and to support a settlement of the appeal of the Official Plan Amendment, Zoning By-law Amendment and Site Plan Control applications for 441 Jane Street, provided the settlement is substantially in accordance with the revised settlement proposal drawings dated April 21, 2014.

2.         City Council authorize the City Solicitor, together with City Planning staff to finalize a draft Official Plan Amendment, a draft Zoning By-law Amendment and Notice of Approval Conditions to permit the proposed development in accordance with the revised settlement proposal drawings dated April 21, 2014.

3.         City Council authorize the City Solicitor, together with City Planning staff, to advise the Ontario Municipal Board of the above City Council position and should the Board allow the appeals and approve the revised Official Plan Amendment, Zoning By-law Amendment and Site Plan Control applications:

a.         request that the Board withhold its Order on the Official Plan and Zoning By-law Amendment application appeal until it has been advised by the City Solicitor that the proposed Official Plan and Zoning By-law Amendments are in a form satisfactory to the City;

b.         request that the Board withhold its Orders on the Official Plan and Zoning By-law Amendment and Site Plan Control appeals until a revised Functional Servicing Report has been submitted to the satisfaction of the Director, Engineering and Construction Services; and

c.         request that the Board withhold its Order on the Site Plan Control application appeal until it has been advised by the City Solicitor that the City's Notice of Approval Conditions has been finalized, and any pre-approval conditions have been satisfied.

City Council on May 6 and 7, 2014, adopted the following:

1.         City Council include the property at 51 Panorama Court, the former Sick Children's Hospital (County Branch) Thistletown, (now the Thistletown Regional Centre for Children and Adolescents) on the City of Toronto Inventory of Heritage Properties, in accordance with the Revised Statement of Significance: Reasons for Listing, attached as Revised Attachment No. 3 to the letter (March 31, 2014) from the Toronto Preservation Board.

2.         City Council request the Director, Urban Design, City Planning Division, to identify the potential heritage landscape attributes and landmark uses at 51 Panorama Court and submit an amended listed report to a subsequent meeting of the Toronto Preservation Board.

City Council on May 6, 7 and 8, 2014, adopted the following:

1.         City Council approve the prohibition of southbound U-turns on Weston Road at the Highway 401 eastbound exit ramp. 

City Council on May 6, 7 and 8, 2014, adopted the following:

City Council on May 6, 7 and 8, 2014, adopted the following:

1.         City Council amend the existing by-law to delete the prohibited eastbound and westbound through movements at the intersection of Dufferin Street and Playfair Avenue/Wenderly Drive.

2.         City Council amend the existing by-law to prohibit eastbound and westbound through movements at the intersection of Dufferin Street and Playfair Avenue/Wenderly Drive, bicycles excepted.

City Council on May 6, 7 and 8, 2014, adopted the following:

1.         City Council designate part or those parts of the private road or roads shown on the site plan filed with the Fire Chief in respect of the municipal addresses set out below, as fire routes pursuant to City of Toronto Municipal Code Chapter 880- Fire Routes:

a.         1390 and 1396 Don Mills Road and 10 and 16 Mallard Road; and

b.         25 Morton Shulman Avenue.

2.         City Council authorize the Fire Chief and General Manager, Fire Services and City Solicitor to take the appropriate action to make a designated Fire Route.

City Council on May 6, 7 and 8, 2014, adopted the following:

1.         City Council amend the Official Plan for the lands at 2025-2045 Sheppard Avenue East substantially in accordance with the draft Official Plan Amendment attached as Attachment 5 to the report (March 17, 2014) from the Director, Community Planning, North York District.

2.         City Council amend former City of North York Zoning By-law No. 7625 for the lands at 2025-2045 Sheppard Avenue East substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 6 to the report (March 17, 2014) from the Director, Community Planning, North York District.

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.         City Council authorize the City Solicitor, in consultation with relevant City staff, to amend the Section 37 Agreement, dated November 7, 2007, as amended on July 12, 2011, applying to the lands at 2025-2045 Sheppard Avenue East, by deleting the provisions dealing with occupancy of the third residential building and timing of the substantial completion of the commercial building and replacing them with the provisions substantially in accordance with Attachment 3 to the report (March 17, 2014) from the Director, Community Planning, North York District.

5.         Before introducing the necessary Bills to City Council for enactment, City Council require that the Section 37 Agreement as amended, be amended to the satisfaction of the City Solicitor as set out in Part 4 above.

City Council on May 6, 7 and 8, 2014, adopted the following:

1.         City Council authorize the City Solicitor to appear at the Ontario Municipal Board Hearing to uphold the Committee of Adjustment's decision for 73 Donegall Drive and to retain outside planner and consultants, as necessary.

City Council on May 6, 7 and 8, 2014, adopted the following:

1.         City Council approve the following names for public lanes in blocks bounded by Dupont Street, Bathurst Street, Bloor Street West and Christie Street (Seaton Village, Phase 2):

a.         "Patrick McGregor Lane";                 

b.         "Old Crookshank's Lane";

c.         "Deborah Brown Lane";

d.         "Col. David Shank Lane";

e.         "Oscar Ryan Lane"; and

f.          "Karma Lane".

City Council on May 6, 7 and 8, 2014, adopted the following:

1.         City Council enact a Part Lot Control Exemption By-law with respect to the subject lands at 53, 57 and 61 Saulter Street as generally illustrated on Attachment 1 to the report (March 6, 2014) from the Director, Community Planning, to be prepared to the satisfaction of the City Solicitor and to expire two years following enactment by City Council.

2.         City Council require the owner to provide proof of payment of all current property taxes for the subject lands to the satisfaction of the City Solicitor, prior to the enactment of the Part Lot Control Exemption By-law.

3.         City Council require the owner to enter into a Development Agreement to the satisfaction of the City Solicitor which will include the following requirements to be completed prior the enactment of Part Lot Control Exemption By-law:

a.         provide an easement to the satisfaction of Toronto Water and the City Solicitor for the existing combined sewer, existing water main and proposed service connection and hydrant required for this application; and

b.         provide an easement for the benefit of the future owners for ownership and maintenance of the storm drainage works and overland flow swale over Parts 2, 4, 7, 9, 12, 14 and 16 on the proposed lot reference plan.

4.         City Council require the owner to obtain approval from the Committee of Adjustment for parking-related variances for this development prior to the enactment of Part Lot Control Exemption By-law.

5.         City Council authorize and direct the City Solicitor to register the Part Lot Control Exemption By-law on title.

6.         City Council authorize the City Solicitor to make such stylistic and technical changes to the draft Part Lot Control Exemption By-law as may be required.

City Council on May 6, 7 and 8, 2014, adopted the following:

1.         City Council enact a Part Lot Control Exemption By-law with respect to the subject lands at 42 Edgewood Avenue as generally illustrated on Attachment 1 to the report (March 11, 2014) from the Director, Community Planning, Toronto and East York District, to be prepared to the satisfaction of the City Solicitor and to expire two years following enactment by City Council.

2.         City Council require the owner to provide proof of payment of all current property taxes for the subject lands to the satisfaction of the City Solicitor, prior to the enactment of the Part Lot Control Exemption By-law.

3.         Prior to the introduction of the Part Lot Control Exemption Bill, City Council require the owner to register, to the satisfaction of the City Solicitor, a Section 118 Restriction under the Land Titles Act agreeing not to transfer or charge any part of the lands without the written consent of the Chief Planner or her designate.

4.         City Council authorize the City Solicitor to take the necessary steps to release the Section 118 Restriction from title at such time as the public road has been constructed to base course asphalt extending to existing City roads and the applicant's consulting engineer has certified, to the satisfaction of the Executive Director, Engineering and Construction Services, that the public road has been constructed as required in the Consent Agreement dated July 27, 2012.

5.         City Council require the owner to submit an updated Draft Reference Plan of Survey, prior to the release of the Section 118 restriction, to accurately set the as-built boundary lines between the residential lots and the new public road.  The Draft Reference Plan of Survey must be in metric units and referenced to the Ontario Co-ordinate System, delineating thereon by separate PARTS the proposed lots and any appurtenant rights-of-way or easements to the satisfaction of the Executive Director, Engineering and Construction Services for review and approval prior to being deposited in the Land Registry Office.

6.         City Council authorize and direct the City Solicitor to register the Part Lot Control Exemption By-law on title.

7.         City Council authorize the City Solicitor to make such stylistic and technical changes to the draft Part Lot Control Exemption By-law as may be required.

City Council on May 6, 7 and 8, 2014, adopted the following:

1.         City Council designate part or those parts of the private road or roads shown on the site plan filed with the Fire Chief in respect of the municipal address set out below, as a fire route pursuant to Municipal Code Chapter 880- Fire Routes:

-           Raffeix Lane.

2.         City Council authorize the Fire Chief and City Solicitor to take the appropriate action to make a designated Fire Route. 

City Council on May 6, 7 and 8, 2014, adopted the following:

1.         City Council designate a car-share parking area for up to three car-share parking spaces for Car2Go vehicles on the north side of Davenport Road, between a point 9.0 metres east of Winona Drive and a point 11.0 metres further east.

2.         City Council designate a car-share parking area for up to three car-share parking spaces for Car2Go vehicles on the west side of Dovercourt Road, between a point 30.5 metres south of Hallam Street and a point 11.0 metres further south.

City Council on May 6, 7 and 8, 2014, adopted the following:

1.         City Council prohibit southbound right turns on a red signal from Strachan Avenue to Fleet Street/Manitoba Drive at all times.