Toronto City Council
The full agenda, as filed
All 73 items in the clerk’s order. Each carries the city’s own words: the staff recommendation, what the body decided, and its status. Nothing below is written by us.
Items 1 to 25 of 73Show 2550100all
BL6.1adopted
Introduction of General Bills and Confirming Bills
City Council will introduce General Bills and Confirming Bills.
City Council on May 10, 11 and 12, 2023, passed By-laws 394-2023 to 482-2023.
CC6.1adopted
Ombudsman Toronto 2022 Annual Report
Pursuant to Section 173(2) of the City of Toronto Act, 2006, and the Toronto Municipal Code, Chapter 3, the Ombudsman is required to submit an annual report on the activities of his office directly to City Council.
City Council on May 10, 11 and 12, 2023, adopted the following: 1. City Council receive the Ombudsman Toronto 2022 Annual Report for information.
Staff recommendation as filed
The Ombudsman recommends that: 1. City Council receive the Ombudsman Toronto 2022 Annual Report for information.
DM6.1adopted
Claim to Recover Damages - Toronto Police Service Data Centre
Background The Toronto Police Service operates a data centre ("the "Data Centre") that is located in a building owned by the City. Responsibilities for the Data Centre are shared; the Toronto Police Service is responsible for the data room and related systems and the City (through its Corporate Real Estate Division) is responsible for building operations including the mechanical and electrical systems, life safety equipment, overall building envelope, and general management of the building. The Data Centre houses computer hardware, software, and related equipment and technology to support network and information technology services for the Toronto Police Service. The location of the Data Centre and its functionality is confidential. Construction of the Data Centre commenced in August 2017. It was substantially complete by November, 2018 and turned over to the City to operate and maintain. Fit up of the Data Centre by Toronto Police Service with computer and network equipment was completed in September 2019. In early 2021, Toronto Police Service staff observed significant unexpected corrosion on computer hardware components and certain metal surfaces in the Data Centre. In order to mitigate against potentially catastrophic system failures, Toronto Police Service locked down the building while it explored options to relocate the data systems. By mid-2021, Toronto Police Service had moved all operations from the Data Centre to other locations and taken all of the computer equipment offline. Toronto Police Service determined that corrosion observed on some of the computer systems compromised the equipment's integrity and, therefore, created operational risks. Accordingly, Toronto Police Service determined that it was necessary to relocate staff and operations to another facility, pending the completion of its investigation into the causes of the corrosion, the implementation of appropriate measures to prevent future damage to its computer systems, and the replacement of the computer systems in the Data Centre. The Construction of the Data Centre In 2014, the Toronto Police Services Board recognized that its current disaster recovery data centre was at its maximum capacity and located too close to the main site to meet industry standards for business continuity purposes. For these reasons Toronto Police Service received approval as part of its 2015-2024 capital program to replace the existing data centre with a new facility that would meet its operational requirements. Following the approval of this construction project, the Toronto Police Services Board awarded MMM Group Limited ("MMM Group") with the architectural design and consulting services contract for the Data Centre. As part of its contractual work, MMM Group developed site selection criteria and reviewed suitable sites with the City of Toronto Real Estate Division. In 2016, the City acquired the property on which the Data Centre would ultimately be constructed. In July of 2016 the Toronto Police Services Board entered into a contract with Eastern Construction Company Limited for construction management and construction services for the Data Centre project based on the designs and specifications prepared by MMM Group. The Data Centre was designed to include, among other things, heating, ventilation, and air conditioning systems that were capable of maintaining a consistent level of temperature and humidity within the Data Centre. These key heating, ventilation, and air conditioning systems were manufactured by KyotoCooling North America LLC and Stulz Air Technology Systems Inc. and commissioned by Jones Lang LaSalle Real Estate Services, Inc. The Data Centre was substantially completed in November 2018 and the City contracted with Bouygues Energies and Services Canada Limited and Plan Group Inc. for the general maintenance of the Data Centre and ongoing maintenance of the mechanical and heating, ventilation, and air conditioning systems. The Toronto Police Services Board entered into contracts with DP Environmental Service Inc. for specialized cleaning of the Data Centre computer equipment, preparing environmental assessments, and concrete sealing of the Data Centre subfloor. Confidential Attachment 1 contains legal advice from the City Solicitor with respect to ongoing investigation of the issues and legal action against the parties contracted to design and construct the building, to install heating and cooling and building management systems, and to clean and maintain the Data Centre. A statement of claim was issued on December 21, 2022 in order to recover the losses incurred as a result of the property damage, the anticipated costs to address the existing deficiencies that led to the damage, and associated costs to relocate staff and equipment while the investigation, design and construction work is undertaken.
City Council on May 10, 11 and 12, 2023, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (January 30, 2023) from the City Solicitor. 2. City Council direct that the confidential instructions in Confidential Attachment 1 to the report (January 30, 2023) from the City Solicitor remain confidential at the discretion of the City Solicitor, and that the balance of Confidential Attachment 1 to the report (January 30, 2023) from the City Solicitor remain confidential in its entirety as it pertains to litigation and contains advice that is subject to litigation and solicitor-client privilege. Confidential Attachment 1 to the report (January 30, 2023) from the City Solicitor remains confidential at this time in accordance with the provisions of the City of Toronto Act, 2006, as it pertains to litigation and contains advice that is subject to litigation and solicitor-client privilege. The confidential instructions to staff in Confidential Attachment 1 to the report (January 30, 2023) from the City Solicitor will be made public at the discretion of the City Solicitor.
Staff recommendation as filed
The City Solicitor recommends that: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1. 2. City Council direct that the confidential instructions in Confidential Attachment 1 remain confidential at the discretion of the City Solicitor and that the balance of Confidential Attachment 1 remain confidential in its entirety as it pertains to litigation and contains advice that is subject to litigation and solicitor-client privilege.
IA6.1received
Councillor Paula Fletcher, Ward 14, Toronto-Danforth, has submitted the following Administrative Inquiry: I am submitting this Administrative Inquiry under Municipal Code Section 27-7.11 for the May 10th meeting of City Council. It's recently been reported that Recommendation 5 on Item 2022.EX24.8 has led to the City entering into a letter of intent with Maple Leaf Sports and Entertainment ahead of the 2026 World Cup that includes potential conditions that would make the City responsible for cost overruns and require the City to compensate Maple Leaf Sports and Entertainment for lost Toronto F.C. or Toronto Argo revenue. In 2022 Council approved engaging Maple Leaf Sports and Entertainment to help manage some aspects of the games and the Bank of Montreal (BMO) Field upgrades, but the details of the Letter of Intent have not been shared directly with Council. Council approved an agreement for "activities in support of Toronto's hosting of World Cup 2026" with the only other details being that Maple Leaf Sports and Entertainment would assist with "management of temporary and permanent upgrades at the BMO Field and maximization of the value of delegated commercial rights to help offset the City's costs of organizing the World Cup." I am requesting answers to the following questions: 1. What is the status of discussions between the City and Maple Leaf Sports and Entertainment and has any formal agreement or contract other than the Letter of Intent been signed? 2. Can a copy of the Letter of Intent be provided to Council? 3. Will the final agreement between the City and Maple Leaf Sports and Entertainment be subject to Council approval? 4. Was the topic of compensation to Maple Leaf Sports and Entertainment for lost revenue or the responsibility of the City for cost-overruns ever made known to the Mayor, City Councillors, or City Council?
City Council on May 10, 11 and 12, 2023, received Administrative Inquiry IA6.1 from Councillor Paula Fletcher, Ward 14, Toronto-Danforth, regarding the Letter of Intent between the City and Maple Leaf Sports and Entertainment regarding the 2026 World Cup and Answer IA6.1a from the City Manager for information.
MM6.1adopted
The Canada Emergency Business Account was an important lifeline to many businesses who found themselves suddenly unable to be open or provide services as normal. The Federal Government has announced that businesses are required to pay back the full amount of their loans by December 2023 in order to receive $20,000 of forgiveness. The Broadview Danforth Business Improvement Area recently conducted a survey of nearly 500 businesses regarding the Canada Emergency Business Account repayments which found that 97 percent of respondents indicated that repayment deadline will adversely affect their business. Over 74 percent of businesses stated that they will be forced further into debt under the current repayment plan, 41.4 percent fear that it will force them to close the business and 3 out of 4 businesses who were in operation before COVID declared that they are below 75 percent of pre-pandemic sales. City Council has made a number of changes to how the City operates in recognition of the need to support post-pandemic recovery for local businesses. Offering small businesses a multi-year repayment plan would alleviate the pressure that many of them are feeling due to the looming repayment requirement.
City Council on May 10, 11 and 12, 2023, adopted the following: 1. City Council request the Federal Government to create a multi-year, no interest, repayment plan for small businesses who received the Canada Emergency Business Account. 2. City Council request the Federal Government to forgive $20,000 for businesses who agree to the multi-year repayment plan. 3. City Council forward this Item to all Toronto area Members of Parliament.
Staff recommendation as filed
Councillor Paula Fletcher, seconded by Councillor Alejandra Bravo, recommends that: 1. City Council request the Federal Government to create a multi-year, no interest, repayment plan for small businesses who received the Canada Emergency Business Account. 2. City Council request the Federal Government to forgive $20,000 for businesses who agree to the multi-year repayment plan. 3. City Council forward this Item to all Toronto area Members of Parliament.
RM6.1adopted
- O Canada - Moment of Silence
CALL TO ORDER: 9:38 a.m. Speaker Nunziata took the Chair and called the Members to order. The meeting opened with O Canada. May 10, 2023 Members of Council observed a moment of silence and remembered: Shíshálh Nation, with the announcement of 40 unmarked graves at the former site and surrounding areas of the St. Augustine's Residential School in Sechelt, British Columbia Joe Bonavota Esterina Bruno Rosa Crisanti Moe Irshad Gordon Lightfoot Charles Pascal Carla Pires, and Sam Russo Speaker Nunziata addressed Council as follows: I would like to take a moment on behalf of Council to acknowledge the Indigenous Peoples of all the lands that we are on today. We do this to reaffirm our commitment and responsibility in improving relationships between nations and to deepening our own understanding of Indigenous peoples and their cultures. It is a moment to reflect on the importance of this land, which we each call home. Speaker Nunziata acknowledged that City Council was meeting on the traditional territory of many nations including the Mississaugas of the Credit, the Anishnabeg, the Chippewa, the Haudenosaunee and the Wendat peoples and is now home to many diverse First Nations, Inuit and Métis peoples. Speaker Nunziata also acknowledged that Toronto is covered by Treaty 13 signed with the Mississaugas of the Credit. Speaker Nunziata advised Council of the following: For the benefit of those who are connected to the internet, the City Clerk has posted all of the agenda materials for today's meeting at toronto.ca/council. This meeting is being held as a hybrid meeting. Members of Council, staff and the public are participating in today's meeting remotely and in person, and the meeting is being streamed live on YouTube. I'd like to welcome the public who are with us here today, and who are watching the meeting online. May 11, 2023 Members of Council observed a moment of silence and remembered: Douglas Campbell Michael Dowbenka, and Former Toronto City Councillor and Deputy Mayor Michael Feldman
CC6.2amended
Appointment of Public Members to the Dangerous Dog Review Tribunal
At its meeting on April 28, 2023, the Nominating Panel - Dangerous Dog Review Tribunal considered Item ND2.1, Appointment of Public Members to the Dangerous Dog Review Tribunal and made recommendations to City Council. Summary from the report (April 14, 2023) from the City Clerk: The Nominating Panel - Dangerous Dog Review Tribunal will conduct interviews and recommend five candidates, including one candidate as the Chair, to City Council for appointment to the Dangerous Dog Review Tribunal.
City Council on May 10, 11 and 12, 2023, adopted the following: 1. City Council appoint Tracey Hamilton to the Dangerous Dog Review Tribunal, who will serve as Chair, for a term of office ending on November 14, 2026, and until a successor is appointed: 2. City Council appoint the following candidates to the Dangerous Dog Review Tribunal who will serve as public members, for a term of office ending on November 14, 2026, and until successors are appointed: Ron Balinsky Hayley Glaholt Emile Ramlochan Randy Yuen 3. City Council request the City Clerk to formally advise new Members of the Dangerous Dog Review Tribunal of the option for the Tribunal to hold hybrid (in-person and electronic) meetings. 4. City Council direct that the balance of Confidential Attachment 1 and Confidential Attachments 2 to 4 to the report (March 14, 2023) from the City Clerk remain confidential in their entirety as they relate to personal matters about identifiable individuals being considered for appointment to the Dangerous Dog Review Tribunal. The balance of Confidential Attachment 1 and Confidential Attachments 2 to 4 to the report (April 14, 2023) from the City Clerk remain confidential in their entirety in accordance with the provisions of the City of Toronto Act, 2006, as they relate to personal matters about identifiable individuals being considered for appointment to the Dangerous Dog Review Tribunal.
Staff recommendation as filed
The City Clerk transmits the Decision Letter from the Nominating Panel - Dangerous Dog Review Tribunal. The Nominating Panel - Dangerous Dog Review Tribunal recommends that: 1. City Council appoint the following candidate to the Dangerous Dog Review Tribunal, who will serve as Chair, for a term of office ending on November 14, 2026, and until a successor is appointed: Tracey Hamilton 2. City Council appoint the following candidates to the Dangerous Dog Review Tribunal who will serve as public members, for a term of office ending on November 14, 2026, and until successors are appointed: Ron Balinsky Hayley Glaholt Emile Ramlochan Randy Yuen 3. City Council direct that the balance of Confidential Attachment 1 and Confidential Attachments 2 to 4 to the report (March 14, 2023) from the City Clerk remain confidential in their entirety as they relate to personal matters about identifiable individuals being considered for appointment to the Dangerous Dog Review Tribunal.
DM6.2amended
A basic principle that underlies the administration of fines and penalties is that there should be a proportionality between the offence and the fine or penalty. This helps preserve faith in the administration of justice. The fine for fare evasion on the Toronto Transit Commission is $195 ($235 once the other fees are added) and can rise over $400. The offence represents a loss of $3.25. In comparison, the offence for parking in a parking machine space without paying, or exceeding the time limit is $30. While the basis of each fine cannot be directly compared, the difference in fines between transit riders and drivers is quite stark and gives rise to a question of whether these fine amounts achieve the underlying objectives as part of the overall administration of justice. Ensuring that requested fine amounts are reviewed and reconsidered periodically would help restore confidence that the City is treating people fairly.
City Council on May 10, 11 and 12, 2023, adopted the following: 1. City Council express its support for the principle of fairness in fines related to City services. 2. City Council direct the City Manager to request the Chief Executive Officer, Toronto Transit Commission to consider taking immediate steps to reduce the ticket for non-payment of fares to a rate more in line with other City fines related to transportation. 3. City Council direct the City Manager to report directly to Council on this matter to the July 19, 2023 meeting of City Council.
Staff recommendation as filed
Councillor Paula Fletcher, seconded by Councillor Alejandra Bravo, recommends that: 1. City Council express its support for the principle of fairness in fines related to City services. 2. City Council direct the City Manager to request the Chief Executive Officer, Toronto Transit Commission to consider taking immediate steps to reduce the ticket for non-payment of fares to a rate more in line with other City fines related to transportation. 3. City Council direct the City Manager to report directly to Council on this matter to the May 10, 2023 meeting of City Council.
IA6.2received
Sale of BAI Subway Telecom Infrastructure to Rogers Communications
Councillor Paula Fletcher, Ward 14, Toronto-Danforth, has submitted the following Administrative Inquiry: I am submitting this Administrative Inquiry under Municipal Code Section 27-7.11 for the May 10th meeting of City Council. On April 10th it was announced that the company that owns the Toronto Transit Commission cellular and Wi-Fi networks (BAI Canada) would be sold to Rogers Communications. This was touted as being the best path forward to expanding the infrastructure and bringing all customers access to cellular service in the subway - an important step towards improving Toronto Transit Commission Safety. However, a number of questions remain unanswered. I am asking for answer to the following questions: 1. When will the sale of BAI Canada to Rogers Communications be finalized? 2. What guarantees has the Toronto Transit Commission and/or the City received that network access will be available to customers on all cell service providers, not just Rogers Communications, and what mechanisms does the City have to ensure this happens? 3. What timelines have been provided for the full expansion of cell service across the subway system?
City Council on May 10, 11 and 12, 2023, received Administrative Inquiry IA6.2 from Councillor Paula Fletcher, Ward 14, Toronto-Danforth, regarding the Sale of BAI Subway Telecom Infrastructure to Rogers Communications and Answer IA6.2a from the City Manager for information.
MM6.2adopted
An application has been submitted to the Alcohol and Gaming Commission of Ontario for a liquor licence at the premises at 1226 King Street West operating under the name Madre De Lobo (the "Premises"). The application is for an indoor area. This Motion requests that City Council advise the Alcohol and Gaming Commission of Ontario 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 Premises is located in close proximity to residential units. There are concerns related to noise, litter, safety, and other potential disturbances 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 license without conditions attached. This matter is considered urgent as the deadline for objections is April 2, 2023.
City Council on May 10, 11 and 12, 2023, adopted the following: 1. City Council direct the City Clerk to advise the Registrar of the Alcohol and Gaming Commission of Ontario that the issuance of a liquor licence for Madre De Lobo, 1226 King Street West, (the "Premises") 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 Licence Appeal Tribunal to provide the City of Toronto with an opportunity to be made party to any proceedings with respect to the Premises. 3. City Council authorize the City Solicitor to attend all proceedings before the Licence Appeal Tribunal in this matter and City Council 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 in consultation with the Ward Councillor.
Staff recommendation as filed
Councillor Gord Perks, seconded by Councillor Alejandra Bravo, recommends that: 1. City Council direct the City Clerk to advise the Registrar of the Alcohol and Gaming Commission of Ontario that the issuance of a liquor licence for Madre De Lobo, 1226 King Street West, (the "Premises") 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 Licence Appeal Tribunal to provide the City of Toronto with an opportunity to be made party to any proceedings with respect to the Premises. 3. City Council authorize the City Solicitor to attend all proceedings before the Licence Appeal Tribunal in this matter and City Council 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, in consultation with the Ward.
RM6.2adopted
City Council will confirm the Minutes from the regular meeting held on March 29, 30 and 31, 2023.
City Council confirmed the Minutes of Council from meeting 5 held on March 29, 30 and 31, 2023.
CC6.3adopted
City Council designated the Historic Yonge Street Heritage Conservation District and adopted the Historic Yonge Street Heritage Conservation District Plan at its meeting of March 10, 2016. The Historic Yonge Heritage Conservation District Plan was subsequently appealed to the Ontario Land Tribunal. The Ontario Land Tribunal has scheduled the next case management conference in this proceeding for July 24, 2023. A merits hearing has not yet been scheduled. This report requests direction from City Council with respect to the ongoing Ontario Land Tribunal appeal process.
City Council on May 10, 11 and 12, 2023, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (April 27, 2023) from the City Solicitor. 2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 and Confidential Attachments 2 to 5 to the report (April 27, 2023) from the City Solicitor. 3. City Council direct that the balance of Confidential Attachment 1 to the report (April 27, 2023) from the City Solicitor remain confidential at the discretion of the City Solicitor, as it contains advice that is subject to solicitor-client privilege. The confidential instructions to staff in Confidential Attachment 1 to the report (April 27, 2023) from the City Solicitor were adopted by City Council and are now public as follows: 1. City Council direct the City Solicitor and other staff to attend at the Ontario Land Tribunal in support of the proposed revised policies to the Historic Yonge Street Heritage Conservation District Plan (the "Historic Yonge Street HCD" or "HCD Plan") as set out in and substantially in accordance with Confidential Attachments 2 to 5 to the report (April 27, 2023) from the City Solicitor. 2. City Council direct the City Solicitor to continue negotiations with appellants to the Historic Yonge Street Heritage Conservation District appeal in an effort to resolve outstanding issues under appeal, to make minor amendments to the proposed revised policies, and to take necessary steps to bring resolution to the entire matter in consultation with the Chief Planner and Executive Director, City Planning. Confidential Attachments 2 to 5 to the report (April 27, 2023) from the City Solicitor are now public and can be accessed under Background Information (City Council). The balance of Confidential Attachment 1 to the report (April 27, 2023) from the City Solicitor remains confidential at this time in accordance with the provisions of the City of Toronto Act, 2006, as it contains advice that is subject to solicitor-client privilege. The balance of Confidential Attachment 1 to the report (April 27, 2023) from the City Solicitor will be made public at the discretion of the City Solicitor.
Staff recommendation as filed
The City Solicitor recommends that: 1. City Council adopt the recommendations contained in the Confidential Attachment 1 to this report from the City Solicitor. 2. City Council authorize the public release of the confidential recommendations contained in the Confidential Attachment 1 to this report from the City Solicitor, Confidential Attachments 2-5 if adopted by City Council. 3. City Council direct that all other information contained in Confidential Attachment 1 to this report from the City Solicitor is to remain confidential at the discretion of the City Solicitor, as it contains advice which is subject to solicitor-client privilege.
DM6.3amended
Micro-mobility Couriers - by Councillor Dianne Saxe, seconded by Councillor Shelley Carroll
Couriers using motor-assisted micro-mobility vehicles, (including electric-assist bicycles, but not including motorized wheelchairs), provide valuable delivery services, without causing air pollution or congestion. Unfortunately, a minority of such couriers create safety hazards for pedestrians and other vulnerable road users by flagrantly ignoring traffic rules, travelling at high speeds and riding on sidewalks. Attempts to enforce traffic rules against such couriers has not been effective in discouraging this behaviour, partly because neither the couriers nor their vehicles bear clear identification. Accordingly, it is difficult to identify and locate offenders. This creates a culture of impunity, which further encourages illegal and hazardous behaviour. An essential step to overcoming this culture of impunity, and to facilitate enforcement, is to be able to reliably identify offending couriers. It is also the responsibility of the courier companies to better educate their couriers, and to set terms of employment that encourage legal compliance.
City Council on May 10, 11 and 12, 2023, adopted the following: 1. City Council request the City Solicitor, in consultation with the General Manager, Municipal Licensing and Standards, the General Manager, Transportation Services and the General Managers of other City divisions as appropriate, to report back to the June 28, 2023 meeting of the Infrastructure and Environment Committee on options for requiring motor-assisted micro-mobility vehicles (except motorized wheelchairs) to bear a unique identifier when being used for commercial purposes on a public thoroughfare. 2. City Council request the General Manager, Municipal Licensing and Standards, the General Manager, Transportation Services and the General Managers of other City divisions as appropriate to ask courier companies to educate their delivery staff on the rules of the road and the importance of compliance. 3. City Council request the City Manager to report to the June 28, 2023 meeting of the Infrastructure and Environment Committee with recommendations on how to deter dangerous illegal behaviour by those who operate motorized or motor-assisted vehicles on sidewalks when pedestrians are present, such report to include a jurisdictional scan of other municipalities around the world struggling with similar issues.
Staff recommendation as filed
Councillor Dianne Saxe, seconded by Councillor Shelley Carroll, recommends that: 1. City Council request the City Solicitor, in consultation with the General Manager, Municipal Licensing and Standards, the General Manager, Transportation Services and the General Managers of other City divisions as appropriate, to report back to the June 5, 2023 meeting of the Infrastructure and Environment Committee on options for requiring motor-assisted micro-mobility vehicles (except motorized wheelchairs) to bear a unique identifier when being used for commercial purposes on a public thoroughfare. 2. City Council request the General Manager, Municipal Licensing and Standards, the General Manager, Transportation Services and the General Managers of other City divisions as appropriate to ask courier companies to educate their delivery staff on the rules of the road and the importance of compliance. 3. City Council request the Toronto Police Services Board to request the Toronto Police Service to increase enforcement of illegal behaviour by micro-mobility couriers, particularly those who ride vehicles on sidewalks.
MM6.3adopted
An application has been submitted to the Alcohol and Gaming Commission of Ontario for a liquor licence at the premises at 3106 Dundas Street West operating under the name Doc's (the "Premises"). The application is for an indoor area and outdoor area. This Motion requests that City Council advise the Alcohol and Gaming Commission of Ontario 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 Premises is located in close proximity to residential units. There are concerns related to noise, litter, safety, and other potential disturbances 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 license without conditions attached. This matter is considered urgent as the deadline for objections is May 12, 2023.
City Council on May 10, 11 and 12, 2023, adopted the following: 1. City Council direct the City Clerk to advise the Registrar of the Alcohol and Gaming Commission of Ontario that the issuance of a liquor licence for Doc's, 3106 Dundas Street West, (the "Premises") 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 Licence Appeal Tribunal to provide the City of Toronto with an opportunity to be made party to any proceedings with respect to the Premises. 3. City Council authorize the City Solicitor to attend all proceedings before the Licence Appeal Tribunal in this matter and City Council 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, in consultation with the Ward Councillor.
Staff recommendation as filed
Councillor Gord Perks, seconded by Councillor Alejandra Bravo, recommends that: 1. City Council direct the City Clerk to advise the Registrar of the Alcohol and Gaming Commission of Ontario that the issuance of a liquor licence for Doc's, 3106 Dundas Street West, (the "Premises") 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 Licence Appeal Tribunal to provide the City of Toronto with an opportunity to be made party to any proceedings with respect to the Premises. 3. City Council authorize the City Solicitor to attend all proceedings before the Licence Appeal Tribunal in this matter and City Council 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, in consultation with the Ward Councillor.
RM6.3adopted
Introduction of Committee Reports and New Business from City Officials
Report of the Executive Committee from Meeting 4 on May 2, 2023 Submitted by Deputy Mayor Jennifer McKelvie Report of the Civic Appointments Committee from Meeting 5 on March 19, 2023 Submitted by Councillor Gary Crawford, Chair Report of the Economic and Community Development Committee from Meeting 3 on April 25, 2023 Submitted by Councillor Shelley Carroll, Chair Report of the General Government Committee from Meeting 3 on April 20, 2023 Submitted by Councillor James Pasternak, Chair Report of the Infrastructure and Environment Committee from Meeting 3 on April 26, 2023 Submitted by Deputy Mayor Jennifer McKelvie, Chair Report of the Planning and Housing Committee from Meeting 3 on April 27, 2023 Submitted by Councillor Brad Bradford, Chair Report of the Etobicoke York Community Council from Meeting 4 on April 3, 2023 Submitted by Councillor Stephen Holyday, Chair Report of the North York Community Council from Meeting 4 on April 4, 2023 Submitted by Councillor James Pasternak, Chair Report of the Scarborough Community Council from Meeting 4 on April 5, 2023 Submitted by Councillor Paul Ainslie, Chair Report of the Toronto and East York Community Council from Meeting 4 on April 12, 2023 Submitted by Councillor Gord Perks, Chair New Business submitted by City Officials.
Committee Reports and New Business were presented to City Council for consideration.
CC6.4adopted
On May 7, 2021, Zoning By-law Amendment and Draft Plan of Subdivision applications (the "Applications") were submitted for the properties at 221-227 Sterling Road (the "Site"), proposing to redevelop the lands with three residential buildings having heights of 20, 25, and 29 storeys that would collectively contain 892 residential units. A Rental Housing Demolition application was also submitted to permit the demolition of 58 existing rental units. The applicant appealed the City's failure to make a decision on the Applications to the Ontario Land Tribunal on May 30, 2022. The Site was designated as having cultural heritage value or interest in August, 2022 through Designation By-law 1130-2022 (the "Designation By-law"). The Owner appealed the designation by-law shortly thereafter. On April 26, 2023, the City Solicitor received a With Prejudice Settlement Offer, consisting of the correspondence attached to this report as Public Appendix A and the architectural plans and drawings attached to this report as Public Appendices B, C and D (the "With Prejudice Settlement Offer"), which propose to modify the Applications. A Heritage Permit Application is attached as Public Appendix E. The With Prejudice Settlement Offer expires on May 13, 2023. The Ontario Land Tribunal hearing for the Planning Act appeals of the Applications for the Site is scheduled to commence on October 16, 2023. A hearing of the Owner's appeal to the Ontario Land Tribunal of Designation By-law 1130-2022 has not been scheduled. The purpose of this report is to seek instruction in relation to applications pertaining to this Site that have been appealed to the Ontario Land Tribunal.
City Council on May 10, 11 and 12, 2023, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (April 27, 2023) from the City Solicitor. 2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 and Confidential Appendix A to the report (April 27, 2023) from the City Solicitor. 3. City Council direct that the balance of Confidential Attachment 1 to the report (April 27, 2023) from the City Solicitor remain confidential, as it contains advice that is subject to litigation and solicitor-client privilege. The confidential instructions to staff in Confidential Attachment 1 to the report (April 27, 2023) from the City Solicitor were adopted by City Council and are now public as follows: 1. City Council accept the with prejudice settlement offer related to the Planning Act appeals, dated April 26, 2023 in Public Appendix A to the report (April 27, 2023) from the City Solicitor, and the architectural plans and drawings in Public Appendices B, C and D to the report (April 27, 2023) from the City Solicitor (the "With Prejudice Settlement Offer). 2. City Council accept the without prejudice settlement offer related to the Ontario Heritage Act appeal, dated April 26, 2023, and set out in Confidential Appendix A to the report (April 27, 2023) from the City Solicitor (the "Without Prejudice Settlement Offer") by accepting the With Prejudice Settlement Offer described in Part 1 above, and by approving the alteration and removal of heritage attributes, described in Parts 12 to 15 below. 3. City Council authorize the City Solicitor and appropriate City Staff to attend the Ontario Land Tribunal hearing on this matter in support of the revised development proposal generally described in the With Prejudice Settlement Offer and the revised architectural plans in Confidential Appendix A and Confidential Appendix B to the report (April 27, 2023) from the City Solicitor. 4. City Council accept an on-site parkland dedication pursuant to Section 42 of the Planning Act, having a minimum size of 939.5 square metres (the "Required Parkland Dedication"), and an additional on-site parkland dedication, which is intended to satisfy the parkland obligations of the adjacent development application at 1405-1409 Bloor Street West, having a minimum size of 276.3 square metres (the "Additional Park Area"), for a total combined on-site parkland dedication size of 1,215.8 square metres (the "Combined Park"), with the exact size, location and configuration of the on-site parkland dedication to be to the satisfaction of the General Manager, Parks, Forestry and Recreation, and such on-site parkland dedication to be conveyed to the City, free and clear, above and below grade, of all easements, encumbrances and encroachments, in an acceptable environmental condition. 5. The Combined Park shall be conveyed to the City prior to the issuance of the first Above Grade Building Permit for the final phase of development of the Property, to the satisfaction of the General Manager, Parks, Forestry and Recreation; the Owner and the City may agree to extend the timing of conveyance of the Combined Park provided the Owner has: a. posted Financial Security in the amount of the value of the Parkland as appraised by the Executive Director, Corporate Real Estate Management in a form satisfactory to the City, and such security shall not be released until the Parkland is conveyed to the City in a manner satisfactory to the General Manager, Parks, Forestry and Recreation. From the date the Financial Security is first paid to the City until such time as the Parkland is conveyed to the City, the Financial Security shall be indexed upwardly in accordance with the Statistics Canada Non-Residential Construction Price Index for the Toronto Census Metropolitan Area, reported quarterly by Statistics Canada in Building Construction Price Indexes Publication 18-10-0135-01, or its successor, to the satisfaction of the General Manager, Parks, Forestry and Recreation; b. registered in priority a Section 118 Restriction, pursuant to the Land Titles Act against title the Combined Park to be conveyed to the City, that prohibits the transfer or charge of the parkland without the prior written consent of the General Manager, Parks, Forestry and Recreation, to the satisfaction of the City Solicitor; and c. provided that in no event shall there by residential occupancy or registration of any condominium on any part of the lands under the Condominium Act, until such time as the Parkland has been conveyed to the City. 6. City Council approve a development charge credit against the Parks and Recreation component of the Development Charges for the design and construction by the Owner of Above Base Park Improvements to the Parkland, to the satisfaction of the General Manager, Parks, Forestry and Recreation; the development charge credit shall be in an amount that is the lesser of the cost to the Owner of designing and constructing the Above Base Park Improvements, as approved by the General Manager, Parks, Forestry and Recreation, and the Parks and Recreation component of the development charges payable for the development in accordance with the City's Development Charges By­law, as may be amended from time to time. 7. City Council require the Owner to submit a phasing plan, in a form acceptable to the Chief Planner and Executive Director, City Planning, in consultation with the General Manager, Transportation Services, the General Manager, Parks, Forestry and Recreation, the Chief Engineer and Executive Director, Engineering and Construction Services, and the City Solicitor; and City Council require that phasing regulations be provided in the final form of the Zoning By-law Amendment, if deemed necessary by the Chief Planner and Executive Director, City Planning and the City Solicitor; and City Council require that any appropriate agreement(s) be entered into to provide for the orderly development of the lands, to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor. 8. City Council direct the appropriate City staff to report back to City Council, prior to Site Plan Approval, with respect to the acceptance of facilities, services or matters as an on-site in-kind contribution, being a Community Agency Space, pursuant to subsection 37(6) of the Planning Act, and in the event City Council does not accept an on-site in-kind contribution, that City Council request that the appropriate City staff work with the Owner through the Site Plan Approval process to program the space as amenity to otherwise support the residents of the replacement live-work units. 9. Should the Ontario Land Tribunal allow the appeal on the Zoning By-law Amendment Application, in whole or in part, City Council authorize the City Solicitor to request the Ontario Land Tribunal to withhold the issuance of any final Order(s) until such time as the Ontario Land Tribunal has been advised by the City Solicitor that: a. the final form of the Zoning By-law Amendment is to the satisfaction of the Director, Community Planning, Toronto East York District and the City Solicitor, in consultation with other appropriate divisions, and that they provide for, among other matters: i. space within the development for installation and maintenance access holes and sampling ports on the private side, for both storm and sanitary service connections; ii. a minimum of 10 percent of all units on the lands at 221, 225 and 227 Sterling Road as 3-bedroom units and a minimum of 15 percent of all units on the lands at 221, 225 and 227 Sterling Road as 2-bedroom units; iii. maximum tower heights of 27 storeys (north tower), 24 storeys (centre tower) and 21 storeys (south tower), inclusive/exclusive of mechanical penthouses with a minimum separation distance between towers of 25 metres; and iv. any mitigation measures that will have bearing on the approved building envelope or performance standards, arising from any of the accepted plans and studies listed in Part 9.c. below; b. City Council has approved Rental Housing Demolition application 21 151447 STE 09 RH under Chapter 667 of the Toronto Municipal Code pursuant to Section 111 of the City of Toronto Act, 2006 to permit the demolition of the fifty-eight (58) existing rental dwelling units on the lands and the Owner has entered into, and registered on title to the lands, one or more agreements, including an agreement pursuant to Section 111 of the City of Toronto Act, 2006, to secure, among other matters, the following: i. the provision of fifty-eight (58) replacement rental units, of which no fewer than eighteen (18) shall be designated live-work replacement rental units, including at least fourteen (14) live-work replacement rental units located on the ground floor with tall ceiling heights. The fifty-eight (58) replacement rental units shall be collectively comprised of no less than 100 percent of the existing residential and live/work rental gross floor area, including the gross floor area of all loft spaces erected by the Owner in the existing rental units, as illustrated in principle on Plans RZ151, RZ152 and RZ153 in Public Appendix B to the report (April 27, 2023) from the City Solicitor. The total gross floor area, bedroom types, and unit layouts of the replacement rental units shall be finalized upon the City receiving revised as-built floor plans of all fifty-eight (58) existing rental units, illustrating the area of all existing loft spaces erected by the Owner, to the satisfaction of the Chief Planner and Executive Director, City Planning; ii. the rents of the fifty-eight (58) replacement rental units, which shall be based on the rents of the existing rental units by their respective bedroom types at the time of application and secured for a period of at least ten (10) years beginning from the date of first occupancy of each replacement rental unit. The rents shall be finalized upon the City receiving revised rent rolls for all fifty-eight (58) existing rental units at the time of application, to the satisfaction of the Chief Planner and Executive Director, City Planning; and iii. the provision of an acceptable tenant relocation and assistance plan for all Eligible Tenants of the fifty-eight (58) existing rental units proposed to be demolished, addressing the right to return to occupy one of the replacement rental units at similar rents, the provision of alternative accommodation at similar rents in the form of rent gap payments, and other assistance to mitigate hardship. The tenant relocation and assistance plan shall be developed in consultation with, and to the satisfaction of, the Chief Planner and Executive Director, City Planning; c. the Owner has, at the Owner's expense: i. submitted a revised Functional Servicing and Stormwater Management Report, Hydrogeological Report and supporting documents (the "Engineering Reports"), including confirmation of water and fire flow, sanitary and storm capacity, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services in consultation with the General Manager, Toronto Water; ii. addressed all outstanding engineering issues, and any other comments that may arise further to the review of materials submitted as part of the process to address the issues set out in the memorandum from Engineering and Construction Services, and the General Manager, Transportation Services; iii. secured the design and the provision of financial securities for any upgrades or required improvements to the existing municipal infrastructure and/or new municipal infrastructure identified in the accepted Engineering Reports to support the development, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, should it be determined that improvements or upgrades and/or new infrastructure are required to support the development; iv. submitted a pedestrian level wind study acceptable to, and to the satisfaction of, the Chief Planner and Executive Director, City Planning; v. submitted a revised Transportation Impact Study acceptable to, and to the satisfaction of, the General Manager, Transportation Services; vi. submitted a revised Landscape Plan, including any necessary financial securities, to the satisfaction of the Chief Planner and Executive Director, City Planning and the General Manager, Parks, Forestry and Recreation; vii. submitted an Environmental Noise and Vibration Assessment Report acceptable to the Chief Planner and Executive Director, City Planning and that such matters arising from such study, be secured if required; viii. submitted a Transportation Demand Management Plan, including any necessary financial securities to the satisfaction of the General Manager, Transportation Services and the Chief Planner and Executive Director, City Planning and that such matters arising from such study, be secured if required; and the Plan shall include: 1. mode share targets intended on shifting travel away from passenger cars and required parking; 2. method(s) by which the target mode share and parking rates will be reached (for example -future implementation of a bike share station, car-share or transit pass program); 3. the level of commitment to implement, enforce and maintain the plan moving forward; and 4. expected short-term and long-term outcomes; and should the accepted Transportation Demand Management Plan include any cash contribution toward Transportation Demand Management measures, such cash contribution shall be paid by the Owner prior to the issuance of any building permit, including a conditional building permit, for the development and allocated in accordance with the Transportation Demand Management Plan, and such cash contribution shall be indexed upwardly in accordance with the Statistics Canada Non-Residential Construction Price Index for the Toronto Census Metropolitan Area, reported quarterly by Statistics Canada in Building Construction Price Indexes Publication 18-10-0135-01, or its successor, calculated from the date of any Ontario Land Tribunal order, allowing the appeal in whole or in part, until the date of payment. 10. City Council request the Chief Planner and Executive Director, City Planning that the following matters be secured at the time and through the Draft Plan of Subdivision Approval or Site Plan Approval process for the proposed development, pursuant to Section 51 of the Planning Act and 114 of the City of Toronto Act, 2006, and secured in a Subdivision Agreement or Site Plan Agreement with the City, as the case may be; as follows: a. the peer review, at the Owner's expense of its Compatibility and Mitigation Study and its Environmental Noise and Vibration Study; b. the Owner's agreement to implement any required recommendations and/or mitigation measures from the accepted Compatibility and Mitigation Study, Environmental Noise and Vibration Study, Wind Tunnel analysis, Traffic Impact Study, and Landscape Plan, to the satisfaction of the Chief Planner and Executive Director, City Planning; c. the construction and maintenance of the development in accordance with the Tier 1 or higher performance measures of the Toronto Green Standard, as adopted by City Council at its meeting held on October 26 and 27, 2009 through the adoption of Item 2009.PG32.3 of the Planning and Growth Management Committee, and as updated by Toronto City Council at its meeting held on December 5, 6 and 7, 2017 through the adoption of Item 2017.PG23.9 of the Planning and Growth Management Committee, and as may be further amended by Council from time to time; d. the Owner's agreement to include warning clauses and signage of the Toronto Catholic District School Board and the Toronto District School Board in the conditions of site plan approval and subsequently within any agreements of purchase and sale or tenant lease agreements for the proposed units, to the satisfaction of the Chief Planner and Executive Director, City Planning; e. the Owner's agreement that prior to the commencement of any excavation and shoring work, the Owner shall submit a Construction Management Plan to the satisfaction of the Chief Building Official and Executive Director, Toronto Building, the Chief Planner and Executive Director, City Planning, the General Manager, Transportation Services, and the Chief Engineer and Executive Director, Engineering and Construction Services and thereafter shall implement the plan during the course of construction; the Construction Management Plan will include, but not be limited to the following construction-related details: noise, dust, size and location of staging areas, location and function of gates, dates of significant concrete pouring, lighting details, vehicular parking and queuing locations, street closures, parking and laneway uses and access, refuse storage, site security, site supervisor contact information, and a communication strategy with the surrounding community, including matters related to the construction of streets or infrastructure, and any other matters requested by the Chief Planner and Executive Director, City Planning, and the City Solicitor. 11. City Council direct the City Solicitor to request that the appeal of the Draft Plan of Subdivision be adjourned sine die, to allow City staff and the Owner to work on consensually resolving any remaining issues with the application for Draft Plan of Subdivision approval, and to allow the Chief Planner and Executive Director, City Planning, to develop appropriate conditions of approval, including but not limited to conditions as to the design, construction and conveyance of the Ruttan Street extension and/or the interim driveway condition. 12. City Council approve: a. the alterations to the designated heritage property at 221 Sterling Road (including active entrances at 225 and 227 Sterling Road), in accordance with Section 33 of the Ontario Heritage Act, for the construction of a new residential building that includes three towers, in conjunction with an appeal to the Ontario Land Tribunal, comprised of the plans and drawings prepared by Turner Fleisher Architects Inc., and dated February 1, 2023, in Public Appendix B to the report (April 27, 2023) from the City Solicitor, submitted with the Heritage Impact Assessment prepared by Goldsmith Borgal & Company Ltd. Architects, dated February 10, 2023, all subject to and in accordance with a Conservation Plan satisfactory to the Senior Manager, Heritage Planning and subject to conditions set out in Part 13 below; and b. the removal of the heritage attributes from the designated heritage property at 221 Sterling Road (including active entrances at 225 and 227 Sterling Road), in accordance with Section 34(1)1 of the Ontario Heritage Act to allow for the construction of a new residential building that includes three towers, in conjunction with an appeal to the Ontario Land Tribunal, comprised of the plans and drawings prepared by Turner Fleisher Architects Inc., and dated February 1, 2023, submitted with the Heritage Impact Assessment prepared by Goldsmith Borgal & Company Ltd. Architects, dated February 10, 2023, in Public Appendix A to the report (April 27, 2023) from the City Solicitor, all subject to and in accordance with a Conservation Plan satisfactory to the Senior Manager, Heritage Planning and subject to the conditions set out in Part 13 below. 13. City Council direct that its consent to the application to alter the designated property at 221 Sterling Road (including active entrances at 225 and 227 Sterling Road) under Part IV, Section 33 of the Ontario Heritage Act and its consent to the demolition of heritage attributes, of the designated heritage property at 221 Sterling Road (including active entrances at 225 and 227 Sterling Road), under Part IV, Section 34(1)1 of the Ontario Heritage Act be subject to the following conditions: a. prior to issuance of an Ontario Land Tribunal order in connection with the Zoning By-law Amendment and Draft Plan of Subdivision appeals for the property at 221 Sterling Road (including active entrances at 225 and 227 Sterling Road), the Owner shall: i. enter into a Heritage Easement Agreement with the City for the property at 221 Sterling Road (including active entrances at 225 and 227 Sterling Road), substantially in accordance with plans and drawings prepared by Turner Fleisher Architects Inc. and dated February 1, 2023, submitted with the Heritage Impact Assessment prepared by Goldsmith Borgal & Company Ltd. Architects dated February 10, 2023, subject to and in accordance with the approved Conservation Plan required in Confidential Part 13.a.ii below, all to the satisfaction of the Senior Manager, Heritage Planning including execution of such agreement to the satisfaction of the City Solicitor; ii. provide a detailed Conservation Plan prepared by a qualified heritage consultant that is substantially in accordance with the conservation strategy set out in the Heritage Impact Assessment for 221 Sterling Road (including active entrances at 225 and 227 Sterling Road), prepared by Goldsmith Borgal & Company Ltd. Architects, dated February 10, 2023, and details all future conservation efforts as part of this application, all to the satisfaction of the Senior Manager, Heritage Planning; and iii. withdraw the appeal of the heritage designation By-law 1130-2022 at the Ontario Land Tribunal (Case OLT-22-004437). b. prior to Final Site Plan approval in connection with the Zoning By-law Amendment for the property at 221 Sterling Road (including active entrances at 225 and 227 Sterling Road), the Owner shall: i. provide final site plan drawings including drawings related to the approved Conservation Plan required in Part 13.a.ii to the satisfaction of the Senior Manager, Heritage Planning; ii. provide an Interpretation Plan for the subject property, to the satisfaction of the Senior Manager, Heritage Planning and thereafter shall implement such Plan to the satisfaction of the Senior Manager, Heritage Planning; iii. provide a Heritage Lighting Plan that describes how the heritage property will be sensitively illuminated to enhance its heritage character to the satisfaction of the Senior Manager, Heritage Planning and thereafter shall implement such Plan to the satisfaction of the Senior Manager, Heritage Planning; iv. submit a Signage Plan for the proposed development to the satisfaction of the Senior Manager, Heritage Planning; and v. submit a Landscape Plan for the proposed development to the satisfaction of the Senior Manager, Heritage Planning. 14. That prior to the issuance of any permit for all or any part of the property at 221 Sterling Road (including active entrances at 225 and 227 Sterling Road), but excluding permits for repairs and maintenance and usual and minor works for the existing heritage buildings as are acceptable to the Senior Manager, Heritage Planning, the Owner shall: a. obtain final approval for the necessary Zoning By-law Amendments required for the redevelopment of the property at 221 Sterling Road (including active entrances at 225 and 227 Sterling Road), such amendments to have been approved by the Ontario Land Tribunal and to have come into effect in a form and with content acceptable to the Chief Planner, City Planning in consultation with the Senior Manager, Heritage Planning; b. provide building permit drawings, including notes and specifications for the conservation and protective measures keyed to the approved Conservation Plan required in Confidential Part 13.a.ii, including a description of materials and finishes, to be prepared by the project architect and a qualified heritage consultant to the satisfaction of the Senior Manager, Heritage Planning; and c. provide a Letter of Credit, including provision for upwards indexing in a form and amount and from a bank satisfactory to the Senior Manager, Heritage Planning, to secure all work included in the approved Conservation Plan, Heritage Lighting Plan, Landscape Plan, and Interpretation Plan. 15. That prior to the release of the Letter of Credit required in Part 14.c above the Owner shall: a. provide a letter of substantial completion prepared and signed by a qualified heritage consultant confirming that the required conservation work, required heritage lighting work, and the required interpretive work has been completed in accordance with the Conservation Plan, Lighting Plan, Landscape Plan, and Interpretation Plan and that an appropriate standard of conservation has been maintained, all to the satisfaction of the Senior Manager, Heritage Planning; and b. provide replacement Heritage Easement Agreement photographs to the satisfaction of the Senior Manager, Heritage Planning. 16. City Council authorize the entering into of a Heritage Easement Agreement under Section 37 of the Ontario Heritage Act with the Owner of 221 Sterling Road (including active entrances at 225 and 227 Sterling Road) in a form and content satisfactory to the City Solicitor and the Chief Planner and Executive Director, City Planning. 17. City Council authorize the City Solicitor to introduce the necessary Bill in Council authorizing the entering into of a Heritage Easement Agreement for the property at 221 Sterling Road (including active entrances at 225 and 227 Sterling Road). 18. City Council authorize the City Solicitor and necessary City staff to take such other necessary steps, as required, to implement City Council's decision. Confidential Appendix A to the report (April 27, 2023) from the City Solicitor is now public and can be accessed under Background Information (City Council). The balance of Confidential Attachment 1 to the report (April 27, 2023) from the City Solicitor remains confidential in accordance with the provisions of the City of Toronto Act, 2006, as it contains advice that is subject to litigation and solicitor-client privilege.
Staff recommendation as filed
The City Solicitor recommends that: 1. City Council adopt the recommendations contained in the Confidential Attachment 1 to this report from the City Solicitor. 2. City Council authorize the public release of the confidential recommendations contained in Confidential Attachment 1 and Confidential Appendix A to this report from the City Solicitor, if adopted by City Council. 3. City Council direct that all other information contained in Confidential Attachment 1 to this report from the City Solicitor is to remain confidential, as it contains advice which is subject to litigation and solicitor-client privilege.
DM6.4not adopted
No construction on the Gardiner East of Cherry street is scheduled to being until 2026. Moreover, Staff revealed in committee that the current cost estimate provided to Council last month does not include inflation or ongoing maintenance costs. This represents a potential jump in costs of hundreds of millions of dollars over the original 2016 estimate. While this delay and cost escalation is frustrating for residents, there is time for the City to re-evaluate the decision made to rebuild this least-used section of the Gardiner as an elevated expressway. It is incumbent upon Council to explore the feasibility of a plan that could maintain the connection between the DVP and Gardiner with a new road on the ground, or in another configuration, that could save hundreds of millions of dollars. According to a report done by Colliers for the Globe & Mail, a new configuration could also open up over 5 acres of City land with a value of $450M with enough space to build 8,000 homes for 15,000 people.
City Council on May 10, 11 and 12, 2023, did not adopt Item DM6.4.
Staff recommendation as filed
Councillor Josh Matlow, seconded by Councillor Amber Morley, recommends that: 1. City Council request the General Manager, Transportation Services, to temporarily pause entering the City of Toronto into new contractual obligations regarding the Gardiner East of Jarvis, given that no new construction is scheduled until 2026, to allow for a comprehensive report, in consultation with the City Planning, Housing Secretariat, Parks, Forestry and Recreation, Waterfront Toronto, and CreateTO, is provided to the Infrastructure and Environment Committee, including: a. updated costs for the construction of the "Hybrid" and "Boulevard" options that consider inflation and supply chain issues; b. updated lifecycle maintenance costs of the "Hybrid" and "Boulevard" options that consider inflation and supply chain issues; c. a detailed analysis of the land value and additional housing that could be realized by opting for the at-grade boulevard; and d. contemplation of any alternative option that maximizes existing investment and achieves a Hybrid that opens up more City land and minimizes lifecycle maintenance costs.
MM6.4adopted
An application has been submitted to the Alcohol and Gaming Commission of Ontario for a liquor licence at the premises at 2998 Dundas Street West operating under the name Chiang Mai Thai Kitchen & Bar (the "Premises"). The application is for an outdoor area. This Motion requests that City Council advise the Alcohol and Gaming Commission of Ontario 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 Premises is located in close proximity to residential units. There are concerns related to noise, litter, safety, and other potential disturbances 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 license without conditions attached. This matter is considered urgent as the deadline for objections is May 14, 2023.
City Council on May 10, 11 and 12, 2023, adopted the following: 1. City Council direct the City Clerk to advise the Registrar of the Alcohol and Gaming Commission of Ontario that the issuance of a liquor licence for Chiang Mai Thai Kitchen & Bar, 2998 Dundas Street West, (the "Premises") 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 Licence Appeal Tribunal to provide the City of Toronto with an opportunity to be made party to any proceedings with respect to the Premises. 3. City Council authorize the City Solicitor to attend all proceedings before the Licence Appeal Tribunal in this matter and City Council 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 in consultation with the Ward Councillor.
Staff recommendation as filed
Councillor Gord Perks, seconded by Councillor Alejandra Bravo, recommends that: 1. City Council direct the City Clerk to advise the Registrar of the Alcohol and Gaming Commission of Ontario that the issuance of a liquor licence for Chiang Mai Thai Kitchen & Bar, 2998 Dundas Street West, (the "Premises") 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 Licence Appeal Tribunal tp provide the City of Toronto with an opportunity to be made party to any proceedings with respect to the Premises. 3. City Council authorize the City Solicitor to attend all proceedings before the Licence Appeal Tribunal in this matter and City council 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, in consultation with the Ward Councillor.
RM6.4received
Members of Council will declare interests under the Municipal Conflict of Interest Act.
Members of Council declared interests under the Municipal Conflict of Interest Act.
CC6.5adopted
45 The Esplanade - Ontario Land Tribunal Appeal - Request for Directions
On December 30, 2021, the City received Official Plan and Zoning By-law Amendment applications for 45 The Esplanade (the "Site") to permit the construction of a 36- and 35- storey mixed-use development containing 682 units, 8,042 square metres of hotel use, and 585 square metres of retail at-grade. The applicant appealed City Council's neglect or failure to make a decision on its application for the Official Plan and Zoning By-law Amendment (the "Appeal"), to the Ontario Land Tribunal on August 3, 2022. The City Solicitor requires further directions for an upcoming Ontario Land Tribunal hearing event scheduled for June 21, 2023 for reasons contained in Confidential Attachment 1.
City Council on May 10, 11 and 12, 2023, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (April 27, 2023) from the City Solicitor. 2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 and Confidential Attachment 2 to the report (April 27, 2023) from the City Solicitor. 3. City Council direct that the balance of Confidential Attachment 1 to the report (April 27, 2023) from the City Solicitor remain confidential at the discretion of the City Solicitor, as it contains advice that is subject to solicitor-client privilege. The confidential instructions to staff in Confidential Attachment 1 to the report (April 27, 2023) from the City Solicitor were adopted by City Council and are now public as follows: 1. City Council accept the without prejudice offer to settle dated April 25, 2023 set out in Confidential Attachment 2 to the report (April 27, 2023) from the City Solicitor, and City Council direct the City Solicitor to attend at the Ontario Land Tribunal in support of the settlement. 2. City Council instruct the City Solicitor to request the Ontario Land Tribunal to withhold its Order until the City Solicitor has advised that: a. the form and content of the Official Plan and Zoning By-law Amendments are to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning; b. a revised traffic impact study has been submitted to the satisfaction of the General Manger, Transportation Services; c. a revised Functional Servicing and Stormwater Management Report has been submitted to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; and d. the Owner of the development lands has financially and legally secured any improvements to the municipal infrastructure in connection with the Functional Servicing and Stormwater Management Report, should it be determined by the report that improvements to such infrastructure are required to support the development, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services. 3. City Council authorize the City Solicitor to take all necessary actions to implement City Council's decision. Confidential Attachment 2 to the report (April 27, 2023) from the City Solicitor is now public and can be accessed under Background Information (City Council). The balance of Confidential Attachment 1 to the report (April 27, 2023) from the City Solicitor remains confidential in accordance with the provisions of the City of Toronto Act, 2006, as it contains advice which is subject to solicitor-client privilege. The balance of Confidential Attachment 1 to the report (April 27, 2023) from the City Solicitor will be made public at the discretion of the City Solicitor.
Staff recommendation as filed
The City Solicitor recommends that: 1. City Council adopt the recommendations contained in the Confidential Attachment 1 to this report from the City Solicitor. 2. City Council authorize the public release of the confidential recommendations contained in the Confidential Attachment 1 to this report from the City Solicitor and the entirety of Confidential Attachment 2, if adopted by City Council. 3. City Council direct that all other information contained in Confidential Attachment 1 to this report from the City Solicitor is to remain confidential at the discretion of the City Solicitor, as it contains advice which is subject to solicitor-client privilege.
DM6.5amended
Update on Alcohol in Parks Pilot - by Councillor Shelley Carroll, seconded by Councillor Chris Moise
Across the country, major cities are piloting various programs to allow alcohol consumption in public parks. In Toronto, alcohol in parks is illegal but largely unenforced: No tickets were issued in 2022. Following the lead of these cities and acknowledging the desire for options to drink in public parks, this Motion directs staff to undertake an opt-in pilot program this summer, in line with the best practices of other Canadian cities. Throughout implementation, City staff shall engage with City Councillors, local neighbourhoods, and equity-deserving communities across the city as they evaluate the pilot's suitability for the Toronto context. This pilot needs to centre a public health and harm-reduction approach, and the evaluation should enumerate the full needs of the program including access to washrooms, waste receptacles, and necessary clean-up efforts. Reason for urgency: staff need direction now in order to implement bylaw changes this summer.
City Council on May 10, 11 and 12, 2023, adopted the following: 1. City Council direct the General Manager, Parks, Forestry and Recreation to consult City Councillors on their interest in hosting a pilot in their wards and to work with interested Councillors to confirm an appropriate pilot for responsible personal alcohol consumption in their respective wards. 2. City Council direct the General Manager, Parks, Forestry and Recreation, in consultation with the Executive Director, Municipal Licensing and Standards, the City Solicitor and the Medical Officer of Health: a. to report to the July 6, 2023 meeting of the Economic and Community Development Committee with a recommended approach, including necessary by-law amendments, for allowing responsible personal consumption of alcohol in Toronto parks on a pilot program basis, running from August 5, 2023 to October 9, 2023. b. to take the appropriate research and consultation steps to ensure that the pilot is informed by relevant experiences and best practices of other Canadian jurisdictions and reflects public health, public safety, enforcement, operational and cost considerations. 3. City Council request the General Manager, Parks, Forestry and Recreation to seek advice of the Medical Officer of Health and report to the Economic and Community Development Committee on any harm reduction, treatment or education programs that should be in place prior to the approval and implementation of any pilot location. 4. City Council request the General Manager, Parks Forestry and Recreation to provide City Councillors with a list of parks most suited to being a part of the pilot in each ward as part of consultation on a pilot program.
Staff recommendation as filed
Councillor Shelley Carroll, seconded by Councillor Chris Moise, recommends that: 1. City Council direct the General Manager, Parks, Forestry and Recreation to consult City Councillors on their interest in hosting a pilot in their wards and to work with interested Councillors to confirm an appropriate pilot for responsible personal alcohol consumption in their respective wards. 2. City Council direct the General Manager, Parks, Forestry and Recreation, in consultation with the Executive Director, Municipal Licensing and Standards, the City Solicitor and the Medical Officer of Health: a. to report to the May 31, 2023 Economic and Community Development Committee meeting with a recommended approach, including necessary bylaw amendments, for allowing responsible personal consumption of alcohol in Toronto parks on a pilot program basis, running from July 1, 2023 to October 9, 2023; and b. to take the appropriate research and consultation steps to ensure that the pilot is informed by relevant experiences and best practices of other Canadian jurisdictions and reflects public health, public safety, enforcement, operational and cost considerations.
MM6.5adopted
Delta Bingo & Gaming as required by the Alcohol and Gaming Commission of Ontario, submitted a Proposal to Relocate a "Class A" Charitable Bingo Hall from 1799 St. Clair Avenue to 360 Evans Avenue to the City of Toronto for approval on March 22, 2023. Public notice was provided as per the Alcohol and Gaming Commission of Ontario requirements and a Community Meeting was held on April 19, 2023. On September 15, 2022, the Etobicoke York Panel of the Committee of Adjustment approved an application for a minor variance to permit a bingo hall on the lands municipally known as 360 Evans Avenue (the "Application" or "A0332/22EYK"). On October 4, 2022 the City Solicitor appealed the decision of the Committee of Adjustment on behalf of the City under the direction of City Council Item ED33.9, headed "Deputy Mayor's Manufacturing Roundtable Summary Report" adopted by City Council at its meeting on August 25, 26, 27 and 28, 2014. Recommendation 2 of Item ED33.9 provides the City Solicitor and appropriate City Staff with standing direction to appeal any Committee of Adjustment decision that does not conform to the Official Plan's Employment Area policies. The subject property is designated Core Employment Areas in the City of Toronto Official Plan. The proposed use is not permitted under the applicable Zoning By-law and does not conform with certain Employment Area policies in the Official Plan. On December 14 and 15, 2022, City Council directed the City Solicitor to withdraw the City's appeal of the Committee of Adjustment Decision A0332/22EYK permitting a bingo hall at 360 Evans Avenue and take any necessary action to give effect to City Council's decision.
City Council on May 10, 11 and 12, 2023, adopted the following: 1. City Council approve the Delta Bingo & Gaming Proposal to Relocate a "Class A" Charitable Bingo Hall from 1799 St. Clair Avenue to 360 Evans Avenue.
Staff recommendation as filed
Councillor Amber Morley, seconded by Councillor Frances Nunziata, recommends that: 1. City Council approve the Delta Bingo & Gaming Proposal to Relocate a "Class A" Charitable Bingo Hall from 1799 St. Clair Avenue to 360 Evans Avenue.
RM6.5received
Members of Council may file petitions.
City Council on May 10, 11 and 12, 2023, received the following petitions for information: 1. Petition regarding "Removal of cement medians and related signage at the north end of Foxbar Road and Restoring traffic pattern to allow option to exit from condo building either north or south on Foxbar Road", submitted by Councillor Michael Thompson, Ward 21 - Scarborough Centre, containing the names of approximately 120 persons. 2. Petition regarding "Keep High Park Open to Vehicles", submitted by Councillor Anthony Perruzza, Ward 7 - Humber River-Black Creek, containing the names of approximately 3,879 persons. 3. Petition regarding "Gerrard/Carlaw Transit-Oriented Community Affordable Housing", submitted by Councillor Paula Fletcher, Ward 14 - Toronto-Danforth, containing the names of approximately 950 persons.
CC6.6amended
On February 2 and 3, 2022, City Council adopted Official Plan Amendment 560, which, among other matters, deleted and replaced Chapter 6, Section 29, Sheppard Avenue Commercial Area Secondary with a new Sheppard Willowdale Secondary Plan. Official Plan Amendment 560 was subsequently appealed to the Ontario Land Tribunal by 4 appellants. There are no parties or participants to the Ontario Land Tribunal proceeding. The Ontario Land Tribunal has scheduled a hearing commencing on July 24, 2023 for 10 days and the deadline for Expert Witness Statements for Official Plan Amendment 560 is on May 23, 2023. Given this timing, this item is urgent and cannot be deferred. The purpose of this report is to request further instructions in this matter which is the subject of appeals to the Ontario Land Tribunal.
City Council on May 10, 11 and 12, 2023, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (April 27, 2023) from the City Solicitor. 2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 and Confidential Appendices A, B, C, D and E to the report (April 27, 2023) from the City Solicitor at the discretion of the City Solicitor. 3. City Council direct that the balance of Confidential Attachment 1 to the report (April 27, 2023) from the City Solicitor remain confidential at the discretion of the City Solicitor, as it pertains to litigation before the Ontario Land Tribunal and contains advice or communications that are subject to solicitor-client privilege. 4. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to Motion 1 by Councillor Lily Cheng. 5. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to Motion 1 by Councillor Lily Cheng at the discretion of the City Solicitor. The confidential instructions to staff in Confidential Attachment 1 to the report (April 27, 2023) from the City Solicitor, as amended by motion 1 by Councillor Lily Cheng, were adopted by City Council. The following confidential instructions to staff are now public, the City Solicitor having exercised the City Solicitor's discretion to make them public: 1. City Council authorize the City Solicitor to request the Ontario Land Tribunal to modify and partially approve Official Plan Amendment 560 substantially in accordance with Confidential Appendix A to the report (April 27, 2023) from the City Solicitor and in support of the settlement offers contained in Confidential Appendices B, C and D to the report (April 27, 2023) from the City Solicitor. 2. City Council authorize the City Solicitor to make such stylistic and technical changes to the proposed modifications to Official Plan Amendment 560 contained in Confidential Appendix A to the report (April 27, 2023) from the City Solicitor, including any associated Maps contained within the Sheppard Willowdale Secondary Plan, as deemed necessary by and at the sole discretion of the City Solicitor in consultation with the Chief Planner and Executive Director, City Planning. 3. City Council direct the City Solicitor to remove the lands designated Mixed Use Areas owned by Appellant 4 (SheppBonn Ltd) from the Sheppard Willowdale Secondary Plan as part of Official Plan Amendment 560, only if in the opinion of the City Solicitor it would resolve the entirety of Appeal 4 and the Counsel for the Appellant provides confirmation to the City Solicitor in writing of same. 4. City Council authorize the City Solicitor and appropriate staff to take such steps to give effect to the modifications and settlements. Confidential Appendices A, B, C and D to the report (April 27, 2023) from the City Solicitor are now public, the City Solicitor having exercised the City Solicitor's discretion to make them public, and can be accessed under Background Information (City Council). The balance of Confidential Attachment 1, including the balance of the confidential instructions to staff adopted by City Council, and Confidential Appendix E to the report (April 27, 2023) from the City Solicitor remain confidential at this time in accordance with the provisions of the City of Toronto Act, 2006, as they pertain to litigation before the Ontario Land Tribunal and contain advice that is subject to solicitor-client privilege. The balance of Confidential Attachment 1 and Confidential Appendix E to the report (April 27, 2023) from the City Solicitor will be made public at the discretion of the City Solicitor.
Staff recommendation as filed
The City Solicitor recommends that: 1. City Council adopt the recommendations contained in the Confidential Attachment 1 to this report from the City Solicitor. 2. City Council authorize the public release of the confidential recommendations contained in the Confidential Attachment 1, Confidential Appendix A, Confidential Appendix B, Confidential Appendix C, Confidential Appendix D, and Confidential Appendix E to this report from the City Solicitor, if adopted by City Council, at the discretion of the City Solicitor. 3. City Council direct that all other information contained in Confidential Attachment 1 to this report from the City Solicitor is to remain confidential at the discretion of the City Solicitor, as it is about litigation before the Ontario Land Tribunal and contains advice or communications that are subject to solicitor-client privilege.
MM6.6adopted
In December 2022, City Council authorized the release of Section 37 funds to the Sir William Campbell Foundation, a non-profit organization that maintains and operates Campbell House Museum. The monies were to be used to construct Relic Linear Park as part of the Grange Green Plan. The purpose of the Grange Green Plan is to improve public green space, enhance private greening efforts, and contribute to the City's environmental and climate change agenda, improving both human and ecosystem health within the Grange community. Relic Linear Park, along the City's right-of-way boulevard, will be connecting green spaces throughout the Grange community. Due to unforeseen construction delays occurring due to City water-main work at and adjacent to the site, funding was needed to winterize the site for mason work during the winter. This funding would ensure the project was completed prior to March 31, 2023 to receive a previously approved Federal grant. The work being completed is along Simcoe Street at Queen Street West, fronting the historic Campbell House Museum. This project is an initiative of the Sir William Campbell Foundation and the Grange community, with the support of Transportation Services, who will maintain the hard landscaping upon completion. The intent of Item 2023.MM2.12 was to transfer a total of $33,000 of Section 37 funds to the Sir William Campbell Foundation to provide one-time capital funding for the purpose of winterizing the Relic Linear Park site for mason work during the winter. The Section 37 funds are from the development at 219 Queen Street West and the development at 426 University Avenue, secured for various purposes, including streetscape improvements and park improvements. Additional unforeseen construction delays and impacts related to the above-mentioned water-main work and the discovery of a portion of an unprotected steam line added expenses but reduced the expenses related to winterization. This Motion seeks to re-open and amend Item 2023.MM2.12 to reflect the modified use of funds. REQUIRES RE-OPENING: City Council Item 2023.MM2.12 (December 14, 2022) only as it pertains to Part 1 of City Council's decision.
City Council on May 10, 11 and 12, 2023, adopted the following: 1. City Council amend its previous decision on Part 1 of Item 2023.MM2.12 by: a. deleting the following sentence: "for the purpose of providing one time capital funding to the Sir William Campbell Foundation to winterize the Relic Linear Park site for mason work during the winter"; and b. replacing it with the following: "for the purpose of providing one-time capital funding to the Sir William Campbell Foundation to make improvements to the Relic Linear Park site."
Staff recommendation as filed
Councillor Ausma Malik, seconded by Councillor Alejandra Bravo, recommends that: 1. City Council amend its previous decision on Part 1 of Item 2023.MM2.12 by: a. deleting the following sentence: "for the purpose of providing one time capital funding to the Sir William Campbell Foundation to winterize the Relic Linear Park site for mason work during the winter"; and b. replacing it with the following: "for the purpose of providing one-time capital funding to the Sir William Campbell Foundation to make improvements to the Relic Linear Park site."