Toronto City Council
The full agenda, as filed
All 51 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 51Show 2550100all
BL12.1adopted
Introduction and Enactment of General Bills and Confirming Bills
City Council will introduce and enact General Bills and Confirming Bills. Consolidated Bills Index for November 26 and 27, 2019 City Council Meeting http://app.toronto.ca/tmmis/viewBillBylaw.do?meeting=2019.CC12
City Council on November 26 and 27, 2019, enacted By-laws 1626-2019 to 1692-2019.
CC12.1adopted
The Toronto Municipal Code, Chapter 3 ("Accountability Officers"), requires that the City's Accountability Officers undergo an annual audit by an external auditor, a practice that began with the Auditor General. As directed by City Council, the City Manager facilitated the request for proposal process and retained Robert Gore and Associates to undertake this work. The external auditors have completed their review. I am transmitting to City Council the external auditor's reports for the Integrity Commissioner, Lobbyist Registrar and Ombudsman for the year ended December 31, 2018 for information.
City Council on November 26 and 27, 2019, received the external compliance audit reports for the year ended December 31, 2018 for the office of the Integrity Commissioner, the Toronto Lobbyist Registrar and the Ombudsman, for information.
MM12.1adopted
On June 1, 1866 more than a thousand Fenian insurgents invaded Canada across the Niagara River from Buffalo, New York. They were the spear-head in a planned assault for thousands of Fenians to cross the Canadian land and maritime borders with Michigan, Ohio, New York and Vermont. The Fenians, mostly battle-hardened Civil War veterans, were bent on driving the British out of Ireland by taking Canada hostage. The battle at Limestone Ridge in the morning and the battle of Fort Erie in the afternoon of June 2, 1866 together referred to as the "Battle of Ridgeway" were the last battles fought in Ontario against a foreign invader. They were also Canada's first modern battles and the first to be fought exclusively by Canadians and led in the field by Canadian officers. A year after Ridgeway, a prominent veteran of the battle, Toronto schoolteacher Alexander Muir composed Canada's unofficial national anthem "The Maple Leaf Forever". In 1931, the anniversary of the Battle of Ridgeway ceased to be marked as Canada's Memorial Day when, in an Act of Parliament, R.B. Bennett's Conservative government moved it to November 11th, the Great War Armistice Day to "harmonize" it with Commonwealth practice and officially renamed it Remembrance Day. City Council previously made a request to the Government of Canada to designate the final resting places of the 9 casualties of the Battle of Ridgeway and add their names to the Canada's National Books of Remembrance. Since this request the Ministry of Veteran Affairs has advised that they do not have this authority and suggested the City Council make the request to the Commonwealth Ward Graves Commission. https://www.toronto.ca/legdocs/mmis/2013/mm/bgrd/backgroundfile-63465.pdf
City Council on November 26 and 27, 2019, adopted the following: 1. City Council request the Commonwealth Ward Graves Commission to designate the final resting places of the 9 casualties of the Battle of Ridgeway who were members of the Second Battalion Volunteer Rifles of Toronto, Queen's Own Rifles with Canadian War Grave status to ensure they are properly cared for. 2. City Council request the Commonwealth War Graves Commission to add the following names of our soldiers killed in the June 2, 1866 Battle of Ridgeway in Canada's National Books of Remembrance: Ensign Malcolm McEachren Sergeant Hugh Matheson Corporal Francis Lackey Lance Corporal Mark Defries Private Christopher Alderson Private Malcolm McKenzie Private John Harriman Mewburn Private William Smith Private William Fairbanks Tempest
Staff recommendation as filed
Councillor Paul Ainslie, seconded by Councillor Shelley Carroll, recommends that: 1. City Council request the Commonwealth Ward Graves Commission to designate the final resting places of the 9 casualties of the Battle of Ridgeway who were members of the Second Battalion Volunteer Rifles of Toronto, Queen's Own Rifles with Canadian War Grave status to ensure they are properly cared for. 2. City Council request the Commonwealth War Graves Commission to add the following names of our soldiers killed in the June 2, 1866 Battle of Ridgeway in Canada's National Books of Remembrance: Ensign Malcolm McEachren Sergeant Hugh Matheson Corporal Francis Lackey Lance Corporal Mark Defries Private Christopher Alderson Private Malcolm McKenzie Private John Harriman Mewburn Private William Smith Private William Fairbanks Tempest
RM12.1adopted
- O Canada - Moment of Silence - Declarations of Interest under the Municipal Conflict of Interest Act
CALL TO ORDER: 9:38 a.m. Speaker Nunziata took the Chair and called the Members to order. The meeting opened with O Canada. Tuesday, November 26, 2019 Members of Council observed a moment of silence and remembered: Esther Cutler Jim Gregory Kevin Fournier, known as "Richard", and Richard Shangrow 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. Wednesday, November 27, 2019 Members of Council observed a moment of silence and remembered: Kevin Jackson
CC12.2amended
Order Granting Relief from Forfeiture for the Office of Councillor, Ward 22, Scarborough-Agincourt
The purpose of this report is to inform City Council that the Superior Court of Justice has granted an application by Jim Karygiannis for relief from forfeiture under s. 88-23 of the Municipal Elections Act. As a result he resumes the office of Councillor for Ward 22. In order to allow him to fully resume his duties as Councillor, City Council needs to consider his committee and board appointments.
City Council on November 26 and 27, 2019, adopted the following: 1. City Council reappoint Councillor Jim Karygiannis to the following bodies for a term ending on December 31, 2020: a. Exhibition Place Board of Governors; b. General Government and Licensing Committee; c. Greater Toronto Airports Authority (GTAA) Consultative Committee; d.Toronto and Region Conservation Authority Partners in Project Green: Executive Steering Committee; and e. Toronto Transit Commission. 2. City Council request the Scarborough Community Council and the General Government and Licensing Committee take steps at their next meetings to elect their chair and vice-chair respectively.
Staff recommendation as filed
The City Clerk recommends that: 1. City Council receive this report for information.
MM12.2adopted
On March 6, 1834 the then Town of York was incorporated, an important historical moment which deserves to be recognized and celebrated. Now in its 185th year, it would be appropriate for the City to recognize March 6th, by declaring it as a date of significance for the City of Toronto. Declaring March 6th as Toronto's Day of Incorporation would be a positive way for all to acknowledge the City of Toronto's place in history and reflect on the advancements of the City Toronto as the fourth largest city in North America. The City of Toronto has much to be proud of including our numerous diverse communities that add richness to the experience which is Toronto. Declaring March 6th as City of Toronto Day would provide an opportunity to honour our City, reflect on its past and feel optimistic about its future.
City Council on November 26 and 27, 2019, adopted the following: 1. City Council direct the City Manager to explore an appropriate manner to recognize March 6th, the date the City of Toronto was incorporated. 2. City Council officially declare March 6th as City of Toronto Day.
Staff recommendation as filed
Councillor Paul Ainslie, seconded by Councillor Shelley Carroll, recommends that: 1. City Council direct the City Manager to explore an appropriate manner to recognize March 6th, the date the City of Toronto was incorporated. 2. City Council officially declare March 6th as City of Toronto Day.
RM12.2adopted
City Council will confirm the Minutes from the regular meeting held on October 29 and 30, 2019.
City Council confirmed the Minutes of Council from the regular meeting held on October 29 and 30, 2019.
CC12.3adopted
3000 Dufferin Street Limited and Finch-Main Plaza Limited (together the "Applicants") are the owner of the property municipally known as 3000 Dufferin Street (the "Subject Site"). The Subject Site is located at the northwest corner of Dufferin Street and Playfair Avenue. The Subject Site is currently occupied by an 18 storey rental apartment building containing 287 dwelling units. On July 18, 2017 the Applicants submitted a zoning by-law amendment application, with accompanying draft plan of subdivision application, to permit the development of two additional residential apartment buildings of 16 and 23 storeys and 7 townhouse units on the Subject Site. The original 18 storey apartment building was proposed to be retained (the "Original Proposal"). The Original Proposal included 613 parking spaces, which includes the existing parking spaces used for the existing apartment building. On November 16, 2018, the Applicants appealed their zoning by-law amendment application to the Local Planning Appeal Tribunal ("LPAT") for non-decision by City Council. On January 16, 2019, the Applicants also appealed their draft plan of subdivision application to the LPAT as well. These appeals are collectively known as LPAT Case No. PL PL171293. On May 27, 2019 and June 20, 2019, the City and the Applicants attended mediation before the LPAT. On July 5, 2019, the Applicant's counsel, Aird Berlis LLP, submitted to the City Solicitor a with prejudice settlement offer based on revised plans. That settlement offer was considered by City Council at its meeting on July 16, 2019. In its decision, City Council refused the with prejudice settlement offer, authorizing the City Solicitor and City staff to oppose the proposal at the LPAT as well as to continue discussions with the Applicants in an effort to resolve the appeal. An LPAT hearing was scheduled for October 21, 2019 to November 1, 2019. That hearing was adjourned on consent of the parties to allow the City Solicitor to seek further instructions regarding the appeal. A new LPAT hearing date has been set for January 6, 2020. City Planning has been involved in the preparation of this report.
City Council on November 26 and 27, 2019, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (November 19, 2019) from the City Solicitor. 2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to the report (November 19, 2019) from the City Solicitor. 3. City Council authorize the public release of Confidential Attachments 2 and 3 to the report (November 19, 2019) from the City Solicitor. 4. City Council direct that the balance of Confidential Attachment 1 to the report (November 19, 2019) 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 (November 19, 2019) from the City Solicitor were adopted by City Council and are now public, as follows: 1. City Council accept the Settlement Offer dated November 13, 2019, in Confidential Attachment 2 to the report (November 19, 2019) from the City Solicitor and as generally shown on the Revised Plans dated November 1, 2019, in Confidential Attachment 3 to the report (November 19, 2019) from the City Solicitor, subject to Parts 2 to 6 set out below. 2. City Council authorize the City Solicitor and appropriate City Staff to attend the Local Planning Appeal Tribunal hearing on this matter in support of the revised proposal as set out in the Settlement Offer dated November 13, 2019, in Confidential Attachment 2 to the report (November 19, 2019) from the City Solicitor and as generally shown on the Revised Plans dated November 1, 2019, in Confidential Attachment 3 to the report (November 19, 2019) from the City Solicitor. 3. City Council accept an on-site parkland dedication of 1,205 square metres, in satisfaction of the Applicants' required parkland contribution pursuant to Section 42 of the Planning Act, which shall be located in the southwest corner of the site as generally shown on the Revised Plans dated November 1, 2019, in Confidential Attachment 3 to the report (November 19, 2019) from the City Solicitor; the final location and configuration of the on-site parkland shall be to the satisfaction of the General Manager, Parks, Forestry and Recreation; and the on-site parkland to be transferred to the City shall be free and clear, above and below grade, of all easements, encumbrances, and encroachments and is to be conveyed to the City prior to the issuance of the first above-grade building permit to the satisfaction of the General Manager, Parks, Forestry and Recreation and the City Solicitor. 4. City Council approve a development charge credit against the Parks and Recreation component of the development charges owed in relation to the proposed development for the design and construction by the Applicants of above-base park improvements 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 Applicant 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 development charges payable for the development in accordance with the City's Development Charges By-law, as may be amended from time to time. 5. City Council authorize the City Solicitor to enter into an agreement with the Applicants pursuant to Section 37 of the Planning Act securing the community benefits set out in the Settlement Offer dated November 13, 2019, in Confidential Attachment 2 to the report (November 19, 2019) from the City Solicitor; the Section 37 agreement shall secure the following: a. the following matters shall be secured as community benefits: i. a cash contribution of $2,100,000 to be paid by the Applicants to the City and which shall be allocated to local parks and community facility improvements, to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor, to be payable as follows: A. $900,000 to be payable prior to the issuance of the first above-grade building permit for the building labelled "Building A" on the Revised Plans dated November 1, 2019, in Confidential Attachment 3 to the report (November 19, 2019) from the City Solicitor; and B. $1,200,000 to be payable prior to the issuance of the first above-grade building permit for the building labelled "Building B" on the Revised Plans dated November 1, 2019, in Confidential Attachment 3 to the report (November 19, 2019) from the City Solicitor; ii. the $2,100,000 cash contribution is to be indexed upwardly in accordance with the Statistics Canada Building Construction Price Indexes Publication No. 327-0058, or its successor, calculated from the date of the execution of the Section 37 Agreement to the date of payment; and iii. the provision by the Applicant of ten (10) one-bedroom affordable rental dwelling units to be located in Building A or B; the affordable rental dwelling units will be rented at affordable rents as defined in the Official Plan; the average unit size of the affordable rental dwelling units will be at least the same as the average unit size of the proposed one-bedroom market units; the affordable rental dwelling units shall be provided in contiguous (vertically and/or horizontally) groups of at least six (6) dwelling units; the ten (10) units shall remain as rental units for a minimum of twenty (20) years, and shall remain as affordable rental units for at least the first fifteen (15) years of the minimum twenty (20) year rental tenure; and all of the above shall be to the satisfaction of the Chief Planner and Executive Director, City Planning; and b. the following matters shall be secured as a matter of legal convenience: i. the Applicant shall continue to provide and maintain the existing 287 residential dwelling units in the existing apartment building labelled as "Building C" on the Revised Plans dated November 1, 2019, in Confidential Attachment 3 to the report (November 19, 2019) from the City Solicitor as rental housing for a period of at least twenty (20) years; the Applicant shall also provide and maintain all existing and new associated facilities and amenities related to Building C for that same period; the period of twenty (20) years referenced above shall commence from the date of the Zoning By-laws associated with the development coming into full force and effect; during the twenty (20) year period, no applications for demolition or conversion from the residential rental use is permitted; and all the above shall be to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor; ii. the Applicant shall provide improvements to Building C and its associated amenities, with no pass-through to the existing tenants; these improvements shall include: the renovation of the lobby lounge; refinishing and painting the indoor swimming pool; renovating the pool change rooms; addition of outdoor seating area; addition of bicycle racks; relocating the existing outdoor waste storage areas indoors; and improving the outdoor amenity areas and pedestrian walkways, all to the satisfaction of the Chief Planner and Executive Director, City Planning; iii. the Applicant shall provide a construction mitigation plan and tenant communication strategy to mitigate the impacts of construction on existing tenants, all to the satisfaction of the Chief Planner and Executive Director, City Planning; iv. the Applicant shall construct and maintain the proposed development in accordance with the Tier 1 performance measure of the Toronto Green Standards; v. the Applicant shall provide a minimum of ten percent of the new dwelling units constructed in the development as units containing three or more bedrooms; and vi. the Applicant shall construct and convey to the City a new 14 metre north-south public street running along the west lot line of the subject property and connecting to Playfair Avenue, to the satisfaction of the Chief Planner and Executive Director, City Planning, the Chief Engineer and Executive Director, Engineering and Construction Services, and the City Solicitor. 6. City Council authorize the City Solicitor to request the Local Planning Appeal Tribunal to withhold its final order on the Zoning By-law Zmendment and draft plan of subdivision applications until such time as it has been advised by the City Solicitor that: a. the draft Zoning By-law Amendments are in a form satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor; b. the Applicant has entered into an Agreement under Section 37 of the Planning Act with the City for the purpose of securing community benefits and matters outlined in Part 5, above, and the Agreement has been executed and registered on title to the lands, all to the satisfaction of the City Solicitor; c. all engineering matters, including submission of a revised Functional Servicing Report and Stormwater Management Report, have been addressed to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Toronto Water; d. the Applicant has entered into an agreement or agreements securing the design, construction and the provision of financial securities for any required upgrades or improvements to the existing municipal infrastructure should it be determined that improvements or upgrades are required to support the development as may be identified in the accepted Functional Servicing Report and Stormwater Management Report, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and General Manager, Toronto Water; e. the Applicant has submitted a revised Functional Design Plan for the proposed north-south public road, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; f. the owner has submitted a revised draft plan of subdivision to the satisfaction of the Chief Planner and Executive Director, City Planning; and g. a list of draft plan of subdivision conditions has been prepared in a form satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor, and the Applicant has entered into a subdivision agreement with the City to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, the Director, Community Planning, North York District and the City Solicitor. Confidential Attachments 2 and 3 to the report (November 19, 2019) 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 (November 19, 2019) 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 (November 19, 2019) 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. 2. City Council authorize the public release of the confidential recommendations contained in the Confidential Attachment 1 to this report, if adopted by City Council. 3. City Council authorize the public release of Confidential Attachment 2 and Confidential Attachment 3 to this report, if the confidential recommendations contained in the Confidential Attachment 1 are adopted by City Council. 4. City Council direct that all other information contained in Confidential Attachment 1 to remain confidential at the discretion of the City Solicitor, as it contains advice subject to solicitor-client privilege.
MM12.3adopted
Recently, the Government of Ontario has recognized the need to provide municipalities with further funds that find efficiencies and address important needs. This ad hoc funding does not guarantee that these funds are dedicated to asset management planning. Municipalities of every size and in every region stand to benefit from having funds dedicated to enhancing municipal asset management planning capacity. Only this will ensure that both the Provincial Government and local governments are collecting the data that can be analyzed to generate the insights that will be needed to ensure Ontario has the blend of assets it needs to be competitive in the 21st century global marketplace. The proposed Municipal Asset Management Planning Regulation is an important step forward. All municipalities require financial assistance to realize all of the advantages that can be accrued by asset management planning.
City Council on November 26 and 27, 2019, adopted the following: 1. City Council direct the City Manager to write to the Ontario Minister of Finance, in support of the Ontario Good Roads Association, to request the Government of Ontario to create a dedicated entitlement-based fund, such fund to provide municipalities with the capital they need to enhance their asset management plans and ensure that Ontario's municipalities are creating plans that promote asset management planning while also creating the knowledge and insights the Government of Ontario needs to ensure its investments are optimized. 2. City Council direct the City Manager to request the Government of Ontario to engage a working group of stakeholders, including municipal representation, to assist in the design and testing of a dedicated entitlement-based fund.
Staff recommendation as filed
Councillor Paul Ainslie, seconded by Councillor Shelley Carroll, recommends that: 1. City Council direct the City Manager to write to the Ontario Minister of Finance, in support of the Ontario Good Roads Association, to request the Government of Ontario to create a dedicated entitlement based fund, such fund to provide municipalities with the capital they need to enhance their asset management plans and ensure that Ontario's municipalities are creating plans that promote asset management planning while also creating the knowledge and insights the Government of Ontario needs to ensure its investments are optimized. 2. City Council direct the City Manager to request the Government of Ontario to engage a working group of stakeholders, including municipal representation, to assist in the design and testing of a dedicated entitlement-based fund.
RM12.3adopted
Introduction of Committee Reports and New Business from the Mayor and City Officials
Report of the Executive Committee from Meeting 10 on November 14, 2019 Submitted by Mayor John Tory, Chair Report of the Board of Health from Meeting 10 on October 28, 2019 Submitted by Councillor Joe Cressy, Chair Report of the Board of Health from Meeting 11 on November 12, 2019 Submitted by Councillor Joe Cressy, Chair Report of the Economic and Community Development Committee from Meeting 9 on November 6, 2019 Submitted by Councillor Michael Thompson, Chair Report of the General Government and Licensing Committee from Meeting 9 on November 18, 2019 Submitted by Councillor Paul Ainslie, Chair Report of the Infrastructure and Environment Committee from Meeting 9 on November 7, 2019 Submitted by Councillor James Pasternak, Chair Report of the Planning and Housing Committee from Meeting 10 on November 13, 2019 Submitted by Councillor Ana Bailão, Chair Report of the Special Committee on Governance from Meeting 5 on November 1, 2019 Submitted by Councillor Stephen Holyday, Chair Report of the Etobicoke York Community Council from Meeting 10 on November 5, 2019 Submitted by Councillor Mark Grimes, Chair Report of the North York Community Council from Meeting 10 on November 5, 2019 Submitted by Councillor James Pasternak, Chair Report of the Scarborough Community Council from Meeting 10 on November 5, 2019 Submitted by Councillor Jennifer McKelvie, Vice Chair Report of the Toronto and East York Community Council from Meeting 10 on November 5, 2019 Submitted by Councillor Gord Perks, Chair New Business submitted by the Mayor and City Officials
Committee Reports, New Business and Business Previously Requested were presented to City Council for consideration.
CC12.4amended
The owner appealed Official Plan Amendment and Zoning By-law Amendment applications to the Ontario Municipal Board ("OMB"), now the Local Planning Appeal Tribunal ("LPAT"), citing Council's failure to make a decision within the time period prescribed under the Planning Act. The applications were to amend the Official Plan and Zoning By-law to permit a 190-unit mixed-use development with a gross floor area ("GFA") of 21,453 square metres that included a 14-storey residential building with ground floor commercial uses, connected to four-storey townhouses ("Development"), at 53 to 63 Sheppard Avenue West and 62 to 68 Bogert Avenue ("Subject Lands").
City Council on November 26 and 27, 2019, adopted the following: 1. City Council direct the City Solicitor to continue discussions with the appellant and attend at the Local Planning Appeal Tribunal, if necessary and City Council authorize the hiring of outside consultants as may be required. 2. City Council direct that Confidential Attachment 1 to the report (November 19, 2019) from the City Solicitor remain confidential in its entirety as it contains information that is subject to solicitor client privilege. Confidential Attachment 1 to the report (November 19, 2019) from the City Solicitor remains confidential in its entirety in accordance with the provisions of the City of Toronto Act, 2006, as it contains information that is subject to solicitor client privilege.
Staff recommendation as filed
The City Solicitor recommends that: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to this Report from the City Solicitor. 2. City Council authorize the public release of the confidential recommendations 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 the balance of Confidential Attachment 1 to this Report from the City Solicitor remain confidential as it contains advice, which is subject to solicitor-client privilege.
MM12.4referred
The purpose of this Motion is to request City of Toronto Council's support in requesting the Toronto Police Services Board, through the newly announced neighbourhood officers' program, to establish a Community Police Office in Scarborough-Guildwood at 200 Poplar Road, the former site of Sir Robert Borden Collegiate Institute, as this new neighbourhood officers' program has been created to better serve and enhance community policing Establishing a Police Office at 200 Poplar Road located on a residential street would serve the Scarborough-Guildwood Community well. Given that the City of Toronto is finalizing the purchase of the former school located at this site, it is an opportunity to enhance the police work in the community.
City Council on November 26 and 27, 2019, referred Motion MM12.4 to the Executive Committee.
Staff recommendation as filed
Councillor Paul Ainslie, seconded by Councillor Shelley Carroll, recommends that: 1. City Council request the Toronto Police Services Board, as part of the newly announced neighbourhood officers' program, to establish a Community Police Office at 200 Poplar Road, in the Community of Scarborough-Guildwood.
RM12.4received
Members of Council may file petitions.
No petitions were filed during the Routine Matters portion of the meeting.
CC12.5amended
The proposed Zoning By-law Amendment application for the subject site was appealed to the Local Planning Appeal Tribunal (the "LPAT") due to City Council's failure to make a decision on the application within the time prescribed by the Planning Act (the "Appeal"). The appealed application proposes to amend the former City of Toronto Zoning By-law 438-86 to permit a 14-storey (12-storeys plus the mezzanine floor and mechanical penthouse/indoor amenity floor), 43-metre, mixed-use building for the properties at 980-990 Bloor Street West and 756 Dovercourt Road. The appealed application has a total gross floor area of 7,653 square metres, of which 6,993 square metres is residential consisting of 102 residential units, and a total density of approximately 7 times the area of the lot. The appealed application also proposes a total of 43 resident parking spaces to be provided underground in a one-level semi-automated parking system. Vehicles will access the underground parking garage via two car elevators from the public lane. Resident bicycle parking is also proposed below-grade, with a total of 128 spaces (12 visitor and 6 retail spaces). On June 26, 2018, City Council directed the City Solicitor, along with appropriate staff, to oppose the application in its current form, and oppose the Appeal. City Council also directed that staff continue to work with the applicant and seek revisions to the application.
City Council on November 26 and 27, 2019, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (November 19, 2019) from the City Solicitor, as amended by motion 1 by Councillor Bailão. 2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1, as amended, and Confidential Appendices A and B to the report (November 19, 2019) from the City Solicitor and Confidential Appendix C to motion 1 by Councillor Bailão. 3. City Council direct that the balance of Confidential Attachment 1 to the report (November 19, 2019) from the City Solicitor remain confidential at the discretion of the City Solicitor as it contains advice and information that is subject to solicitor-client privilege. The confidential instructions to staff in Confidential Attachment 1 to the report (November 19, 2019) from the City Solicitor, as amended by motion 1 by Councillor Bailao, were adopted by City Council and are now public, as follows: 1. City Council accept the "without prejudice" Settlement Offer as described in Confidential Appendices A and B to the report (November 19, 2019) from the City Solicitor and Confidential Appendix C attached to motion 1 by Councillor Bailão, subject to Parts 2 to 5 below. 2. City Council authorize the City Solicitor and appropriate City Staff to attend the Local Planning Appeal Tribunal hearing on this matter in support of the Settlement Offer. 3. City Council instruct the City Solicitor to request the Local Planning Appeal Tribunal to withhold its Order on the Zoning By-law Amendment until such time as the Local Planning Appeal Tribunal has been advised by the City Solicitor that: a. the proposed Zoning By-law Amendment is in a final form satisfactory to the Chief Planner and Executive Director, City Planning, and the City Solicitor; b. the owner has submitted a revised Functional Servicing Report, including confirmation of water and fire flow, sanitary and storm water capacity, Storm Water Management Report and Hydro-geological Report (the "Engineering Reports") to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, in consultation with the General Manager, Toronto Water; c. the implementation of the Engineering Reports that are accepted by the Chief Engineer and Executive Director, Engineering and Construction Services either does not require changes to the proposed amending By-law or any such required changes have been made to the proposed amending By-law to the satisfaction of the Chief Planner and Executive Director, City Planning, the City Solicitor and the Chief Engineer and Executive Director, Engineering and Construction Services; d. City Council has authorized the Rental Housing Demolition application under Chapter 667 of the Municipal Code pursuant to Section 111 of the City of Toronto Act to demolish the existing rental dwelling units at 980, 982, 984, and 990 Bloor Street West and, should City Council authorize the application, that the owner has entered into an agreement pursuant to Section 111 of the City of Toronto Act incorporating securing the replacement rental dwelling units and rents, tenant assistance and other rental related matters, and registered such agreement on title, all to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning; and e. a Section 37 Agreement satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor, has been executed and registered on title to the satisfaction of the City Solicitor, securing the matters of legal convenience outlined in Part 4 below. 4. City Council authorize the City Solicitor to enter into an Agreement pursuant to Section 37 of the Planning Act to secure the following matters as a legal convenience to support development: a. an indexed cash contribution of four hundred thousand ($400,000.00) dollars to be paid by the owner prior to the issuance of the first above-grade building permit for any building on the Development Site to be allocated as follows: i. three hundred and fifty thousand ($350,000.00) dollars to be used by the City in its sole discretion for the purpose of improvements to Dufferin Grove Park, to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the General Manager, Parks, Forestry and Recreation, and the Ward Councillor; and ii. fifty thousand ($50,000.00) dollars to be used by the City in its sole discretion for the purpose of improvements to Westmoreland Avenue Parkette and/or improvements to local public laneways (including but not limited to public art), to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the General Manager, Parks, Forestry and Recreation, and the Ward Councillor. 5. City Council authorize the City Solicitor and appropriate City staff to take such necessary steps, as required, to implement City Council's decision. Confidential Appendices A and B to the report (November 19, 2019) from the City Solicitor and Confidential Appendix C to motion 1 by Councillor Bailao are now public and can be accessed under Background Information (City Council). The balance of Confidential Attachment 1 to the report (November 19, 2019) 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 and information that is subject to solicitor-client privilege. The balance of Confidential Attachment 1 to the report (November 19, 2019) 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 the Report (November 19, 2019) from the City Solicitor. 2. City Council authorize the public release of the confidential recommendations in Confidential Attachment 1, Confidential Appendix "A", and Confidential Appendix "B" to the Report (November 19, 2019) from the City Solicitor, if adopted by City Council. 3. City Council direct that all other information contained in Confidential Attachment 1 to the Report (November 19, 2019) from the City Solicitor is to remain confidential at the discretion of the City Solicitor, as it contains advice and information which is subject to solicitor-client privilege.
MM12.5adopted
The Municipal Class Environmental Assessment process is adding considerable time and cost to Municipal infrastructure projects. Municipalities are waiting on the Minister of the Environment and Climate Change to act on an Application for Review of the Municipal Class Environmental Assessment process. Municipal Class Environmental Assessments apply to the construction, improvement, replacement, operation, maintenance, and repairs to a broad range of municipal works such as bridges, roads, water and wastewater systems, flood control works, and recreational paths. Impact studies, along with public meetings, often take two years or more to complete before construction can commence. When a member of the public objects to a project through a Part II Order, delays are guaranteed to follow. The Minister of the Environment and Climate Change is obligated to personally decide whether a broader environmental review and a hearing are warranted. In 2005, an Environmental Assessment Advisory Panel recommended the Government of Ontario pursue reform of the system. Since then there have been numerous requests for reform, but little progress has been made. Successive studies by the Residential and Civil Construction Alliance of Ontario have demonstrated the adverse impact that the Municipal Class Environmental Assessment process is having on public works. In its first study in 2011, the Residential and Civil Construction Alliance of Ontario found that the lengthy time frames and higher costs to comply with the Municipal Class Environmental Assessment process were not providing additional environmental or other benefits. Although improvements were made to the Municipal Class Environmental Assessment process, in the period between the two studies, the time to complete an Environmental Assessment rose from 19 months to 26.7 months and costs went from an average of $113,300 to $386,500. A coalition of the Municipal Engineers Association and the Residential and Civil Construction Alliance of Ontario have successfully applied to have a review of the Municipal Class Environmental Assessment process conducted under Part IV (Section 61) of the Environmental Bill of Rights Act, 1993 (EBR Act). The Federal and Provincial governments are investing billions of infrastructure dollars in Ontario, but if local projects do not have the necessary approvals, these funds could be delayed significantly. In 2009, many Ontario municipalities advanced "shovel ready" projects rather than "shovel worthy" projects in part because the Municipal Class Environmental Assessment process would have taken too long. Despite written commitments made by the Ministry of the Environment with the previous government to exempt low-risk projects from the Part II Order request as was the case prior to 2011, or to consider delegating authority for dealing with these requests to Minister of the Environment and Climate Change staff, no action has been taken. Given the scale of the infrastructure investments being made by all three levels of government, it is difficult to overstate the need for meaningful reform of the Municipal Class Environmental Assessment process in Ontario. Such action will allow Ontario to build the infrastructure that it needs to be competitive in the globalized economies of the twenty-first century. REQUIRES RE-OPENING This Motion requires a re-opening of Item MM11.11 (October 29 and 30, 2019).
City Council on November 26 and 27, 2019, adopted the following: 1. City Council, in support of the Ontario Good Roads Association's advocacy work, amend its decision on Item MM11.11 by adding the following: City Council direct the City Manager to request the Ontario Minister of the Environment, Conservation and Parks to accelerate the Application For Review of the Municipal Class Environmental Assessment process and that the recommendations of the Municipal Engineers Association and the Residential and Civil Construction Alliance be incorporated into the revised Municipal Class Environmental Assessment process.
Staff recommendation as filed
Councillor Paul Ainslie, seconded by Councillor Shelley Carroll, recommends that: 1. City Council, in support of the Ontario Good Roads Association's advocacy work, amend its decision on Item MM11.11 by adding the following: City Council direct the City Manager to request the Ontario Minister of the Environment, Conservation and Parks to accelerate the Application For Review of the Municipal Class Environmental Assessment process and that the recommendations of the Municipal Engineers Association and the Residential and Civil Construction Alliance be incorporated into the revised Municipal Class Environmental Assessment process.
RM12.5received
Presentations, Introductions and Announcements
Various presentations and announcements will be made at the City Council meeting.
Various presentations, introductions and announcements were made to City Council on November 26 and 27, 2019. Tuesday, November 26, 2019: Councillor Thompson, during the morning session of the meeting, advised Members of Council that he was shocked to discover that when you enter Scarborough in Google's search engine, the image that appears is of a partially demolished house. Councillor Thompson advised that the image was symptomatic of the geographic bigotry that has plagued his community for decades and is not representative of Scarborough's dynamic and vibrant community. Councillor Layton, during the morning session of the meeting, congratulated Councillor Joe Cressy and his partner Grace on the arrival of their son Jude. Councillor Layton then presented Councillor Cressy with a "Council-sized parental coffee mug". Speaker Nunziata thanked Councillor Layton for his remarks and congratulated Councillor Cressy. Speaker Nunziata, during the afternoon session of the meeting, welcomed former Councillor Janet Davis, who was present in the Chamber. Councillor Cressy, during the afternoon session of the meeting, advised Members of Council that tomorrow morning staff from Toronto Public Health will be providing flu shots. Councillor Cressy further advised that this initiative was suggested by Councillor Holyday and if any Members of Council or staff have not yet had their flu shot, they will be provided in the Members' Lounge from nine-thirty to ten-thirty tomorrow morning. Councillor Layton rose to add that any Member wishing to visit Councillor Cressy's new baby should get their flu shot. Wednesday, November 27, 2019: Councillor Pasternak, during the morning session of the meeting, advised Members of Council of an incident that occurred at York University where an event organized by a Jewish group was disrupted by protestors. Councillor Pasternak stated that, as a graduate of York University, he was embarrassed that the rule of the mob has taken over the campus, and that the videos of the event are an embarrassment to the City. Councillor Pasternak further stated that York University must respond and that he hoped Members of Council will share with him the request that the leadership at York University take the matter seriously and take the necessary measures to ensure that students feel safe. Councillor Cressy, during the morning session of the meeting, introduced the team from the Toronto Public Health Vaccine-Preventable Diseases Program who were going to be making the flu vaccine available in the Members' Lounge. Speaker Nunziata, during the morning session of the meeting, called upon Mayor Tory to come forward to recognize the 2019 Toronto Arts Council Leaders Lab Fellows. Mayor Tory advised Members of Council that Toronto has declared 2021 as the year of public art which will further the City's commitment to the growing arts and culture sector. Mayor Tory stated that the City's flourishing arts and culture sector has given the City a reputation as a centre of creativity and that this was made possible in part by programs such as the Leaders Lab program which is in its fifth year. The program aims to promote leadership capacity in Toronto's arts and culture sector. Mayor Tory introduced the 2019 Fellows, eighteen of Toronto's leading artists and arts professionals, thanked them for participating in the program, but also for what they do every day to ensure the arts bind and enrich our communities, and expressed his hope that they will be better equipped to do that as a result of the program. Speaker Nunziata, during the morning session of the meeting, welcomed Rene DeSantis, designer of the City of Toronto flag, who was present in the Chamber. Deputy Speaker Carroll, during the afternoon session of the meeting, welcomed a delegation from the Institute of Secretariat Training and Management from the Government of India and their host representatives from Seneca College, who were present in the Chamber. Councillor Carroll advised that the delegation was receiving a one-week training for the Central Secretariat Stenographers' Service Officers of the Government of India and was at City Hall to attend a workshop called "My Local Government, It's For Me."
CC12.6adopted
Latch Developments Ltd. (the "Applicant") is the owner of the property municipally known as 859 The Queensway (the "Subject Property"). The Applicant applied for a zoning by-law amendment in order to facilitate a proposed mixed-use redevelopment of the Subject Property (the "Original Application"). The Application proposes a 14-storey mixed use building. On January 24, 2018, the Applicant appealed the zoning by-law amendment application to the Ontario Municipal Board (the "OMB") now known as the Local Planning Appeal Tribunal (the "LPAT") due to City Council's failure to make a decision. The first Prehearing Conference for this matter was held on October 4, 2018. On November 30, 2018, the Applicant submitted a related Site Plan Approval application with revised plans for a 14-storey mixed-use building that modified certain elements of the original proposal. On August 19, 2019, the Applicant, through their legal counsel Goodmans LLP, confirmed in a with prejudice settlement offer letter to the City that the applicant would be pursuing a slightly revised design for the proposed development (the "Revised Plans"). The Revised Plans still propose a 14-storey building, however, incorporated certain changes to the design of the development. The Applicant's settlement offer letter confirmed that the Applicant would be seeking approval of the Revised Plans at the LPAT hearing. After considering the offer, City Council ultimately refused the proposed settlement at its meeting of October 2 and 3, 2019. Notwithstanding, the Applicant continues to seek approval of the Revised Plans through its LPAT appeal. A four day Hearing was scheduled to be heard by the LPAT on November 5 to 8, 2019. This Hearing was adjourned on consent of the parties to permit the City to seek further instructions regarding the appeal from City Council. The next LPAT appearance regarding this appeal is now scheduled for January 15, 2020. The purpose of this report is to request instructions for the upcoming LPAT Prehearing Hearing. City Planning staff have been involved in the preparation of this report.
City Council on November 26 and 27, 2019, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (November 14, 2019) from the City Solicitor. 2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to the report (November 14, 2019) from the City Solicitor. 3. City Council direct that the balance of Confidential Attachment 1 and Confidential Attachment 2 to the report (November 14, 2019) from the City Solicitor remain confidential at the discretion of the City Solicitor, as they contain advice that is subject to solicitor-client privilege. The confidential instructions to staff in Confidential Attachment 1 to the report (November 14, 2019) from the City Solicitor were adopted by City Council and are now public, as follows: 1. City Council refuse the without prejudice Settlement Offer dated October 31, 2019. 2. City Council authorize the City Solicitor, together with City Planning staff and any other appropriate staff, to continue to oppose the applicant's appeal respecting the Zoning By-law Amendment application for 859 The Queensway, and attend any Local Planning Appeal Tribunal hearing in opposition to the Revised Plans, and retain such experts as may be required. 3. City Council authorize the City Solicitor and City staff to continue negotiations with the applicant in an effort to resolve the Local Planning Appeal Tribunal appeal based on changes to the design of the proposed development that would achieve a lower overall height and a building that respects the mid-rise building typology appropriate along designated Avenues such as The Queensway, and to report back to City Council on any amendments to the proposal as may be required. 4. In the event that the Local Planning Appeal Tribunal allows the appeal, in whole or in part, City Council direct the City Solicitor to request the Local Planning Appeal Tribunal to withhold its final Order on the Zoning By-law Amendment until: a. the form and content of the draft Zoning By-law Amendment is finalized to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor; b. the owner and the City have come to an agreement on the provision by the owner to the City of certain community benefits and the owner and the City have entered into an Agreement under Section 37 of the Planning Act securing such community benefits and the Agreement has been executed and registered on title to the lands, all to the satisfaction of the City Solicitor in consultation with City Planning staff and the Ward Councillor; c. the owner has submitted a revised Transportation Impact Study to the satisfaction of the General Manager, Transportation Services; d. the owner has submitted revised Truck Maneuvering Diagrams to the satisfaction of General Manager, Transportation Services; e. the owner has submitted a revised Functional Servicing Report to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; f. the owner has submitted a revised Geotechnical Report to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; g. the owner has submitted a revised Hydrogeological Report to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; h. the owner has entered into a financially secured agreement for the construction of any improvements to the municipal infrastructure, should it be determined that upgrades and road improvements are required to support the development, according to the Transportation Impact Study accepted by the General Manager, Transportation Services and the Functional Servicing, Hydrogeological and Geotechnical Reports accepted by the Chief Engineer and Executive Director, Engineering and Construction Services; i. the owner has provided space within the development for installation of maintenance access holes and sampling ports on the private side, as close to the property line as possible, for both the storm and sanitary service connections, in accordance with Sewer Chapter 68-10 and to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; j. the owner has submitted a revised Pedestrian Wind Assessment, including a wind tunnel test to determine whether the recommended mitigation measures are effective, to the satisfaction of the Chief Planner and Executive Director, City Planning; k. the owner has provided a 1.9 metre road widening along The Queensway to be conveyed through the Site Plan Control process to the satisfaction of the General Manager, Transportation Services and the City Solicitor; l. the owner has provided a 5 metre right-of-way rounding at the southwest corner of The Queensway and Plastics Avenue intersection to be conveyed through the Site Plan Control process to the satisfaction of the General Manager, Transportation Services and the City Solicitor; m. the owner has provided a Peer Review of the Noise and Vibration Impact Feasibility Study prepared by J.E. Coulter Associates Limited by a third-party Noise and Vibration Consultant retained by the City at the owner's sole cost and expense, and the owner shall implement the noise and vibration control measures and recommendations identified through the Peer Review, with these measures to be secured through the Site Plan Control process, to the satisfaction of the Chief Planner and Executive Director, City Planning and the Chief Engineer and Executive Director, Engineering and Construction Services; and n. the owner has submitted an Air Quality Study prepared by an Air Quality Consultant, which will be Peer Reviewed by a third-party Air Quality Consultant retained by the City at the owner's sole cost and expense, and the owner shall implement the air quality control measures and recommendations identified through the Peer Review, with these measures to be secured through the Site Plan Control process, to the satisfaction of the Chief Planner and Executive Director, City Planning and the Chief Engineer and Executive Director, Engineering and Construction Services. The balance of Confidential Attachment 1 and Confidential Attachment 2 to the report (November 14, 2019) from the City Solicitor remain confidential at this time in accordance with the provision of the City of Toronto Act, 2006, as they contain advice that is subject to solicitor-client privilege. The balance of Confidential Attachment 1 and Confidential Attachment 2 to the report (November 14, 2019) 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. 2. City Council authorize the public release of the confidential recommendations contained in the Confidential Attachment 1 to this report, if adopted by City Council. 3. City Council direct that all other information contained in Confidential Attachment 1 and Confidential Attachment 2 to remain confidential at the discretion of the City Solicitor, as it contains advice subject to solicitor-client privilege.
MM12.6amended
The last few years have revealed the impacts of climate change on Lake Ontario. We saw high lake levels in 2017, and we saw them in 2018. We all know more is coming. This past summer brought with it a new dynamic that caught Toronto residents by surprise: the highest Lake Ontario water levels on record. The high water levels accelerated the erosion of waterfront trails, shut down beaches, burdened Toronto Island residents and businesses with flooding; causing millions of dollars in damage overall. Our City was only one of the communities affected by this phenomenon in the Great Lakes Basin, home to over 30 million people. Environment Canada and Climate Change is forecasting "well above average" lake water levels in the coming months, and released data showing Lake Ontario's October precipitation was almost double its monthly average with the net supply of water increasing by five-times monthly averages. This is despite Lake Ontario's outflow reaching 313,000 cfs (cubic feet per second), 33 percent higher than average. This Motion is inspired by the desire to openly and honestly acknowledge the reality that intensifying climate change renders record high lake water levels as a fact of life, not a one-off event. Adapting to this new paradigm necessitates an additional acknowledgement of the disparate and complex assortment of agencies, departments, and organizations that share the general responsibility of managing waterfront issues. The Toronto and Region Conservation Authority is responsible for riverine flooding. In terms of Lake-based flooding, the Toronto and Region Conservation Authority has responsibility for helping to disseminate forecast information from Environment Canada and the Ministry of Natural Resources and Forestry, but municipalities are responsible for emergency response implementation and the International Lake Ontario St. Lawrence River Board is responsible for regulating outflows from Lake Ontario. Roles, responsibilities and funding mechanisms for lakeshore resilience measures are site-specific and complicated, often involving different levels of government. There is no single table for all of the participants to meet at, where consensus and communication can be stimulated and where comprehensive decisions can be debated, approved, and advanced. We need clarity on who identifies lake flooding challenges, who funds responses, and who fixes them. The challenges of climate change will worsen the effects of flooding, and require creating a body to coordinate flood mitigation expertise and resources as a complement to our City's Resilience Strategy.
City Council on November 26 and 27, 2019, adopted the following: 1. City Council direct the City Manager to work with the Toronto and Region Conservation Authority, and consult with the Toronto Island Advisory Committee, to develop a terms of reference for a Lake Ontario Resilience Group, including what issues it could respond to and who could be invited to participate, and City Council direct the City Manager to report to the March 11, 2020 meeting of the Infrastructure and Environment Committee to clarify how Lake-related issues are identified, responded to, and funded for overall jurisdictional clarity.
Staff recommendation as filed
Councillor Jennifer McKelvie, seconded by Councillor Paula Fletcher, recommends that: 1. City Council direct the City Manager to work with the Toronto and Region Conservation Authority to develop a terms of reference for a Lake Ontario Resilience Group, including what issues it could respond to and who could be invited to participate, and City Council direct the City Manager to report to the March 11, 2020 meeting of the Infrastructure and Environment Committee to clarify how Lake-related issues are identified, responded to, and funded for overall jurisdictional clarity.
RM12.6amended
City Council will review the Order Paper.
November 26, 2019: City Council adopted the November 26, 2019, Order Paper, as amended, and all other Items not held on consent. November 27, 2019: City Council adopted the November 27, 2019, Order Paper.
CC12.7amended
On January 28, 2016, a Zoning By-law Amendment application was submitted for the lands at 2525-2545 Lawrence Avenue East, 1380 Midland Avenue and 1-51, 201-211 and 300 Prudential Drive. The application included 9 buildings on four separate blocks ranging in height from 8 to 27 storeys, with a total of 1752 residential units and over 11,000 square metres of combined retail and office space. The Zoning By-law Amendment application was appealed to the Ontario Municipal Board (now the Local Planning Appeal Tribunal (LPAT)) on October 19, 2017 for Council's failure to make a decision on the application within the prescribed timelines in the Planning Act. A Pre-hearing Conference has been scheduled at the LPAT on November 29, 2019. A comprehensive resubmission for a revised proposal was provided to the City on October 17, 2019, on a with prejudice basis, that includes 7 buildings ranging in height from 6 to 27 storeys, with 1462 residential dwelling units, 38,329 square metres of office uses and 1,492 square metres of retail or other commercial uses. The City Solicitor seeks direction on this matter no later than the completion of the City Council meeting which starts on November 26, 2019.
City Council on November 26 and 27, 2019, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (November 19, 2019) from the City Solicitor, as amended by motion 1 by Councillor Thompson. 2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to the report (November 19, 2019) from the City Solicitor, as amended, and direct that the balance of Confidential Attachment 1 and Confidential Attachment 2 to the report (November 19, 2019) from the City Solicitor remain confidential as they contain information that is subject to solicitor-client privilege. The confidential instructions to staff in Confidential Attachment 1 to the report (November 19, 2019) from the City Solicitor, as amended by motion 1 by Councillor Thompson, were adopted by City Council and are now public, as follows: 1. City Council direct the City Solicitor and City Staff, as appropriate, to attend the Local Planning Appeal Tribunal in opposition to the Zoning By-law Amendment application for 2525 Lawrence Avenue East, 1380 Midland Avenue and 1-51,201-211 and 300 Prudential Drive in its present form. 2. City Council direct City staff to continue discussions with the owner, and authorize the City Solicitor, in consultation with the Chief Planner and Executive Director, City Planning and the Ward Councillor, to accept a revised proposal provided the following occurs: a. results of requested further hydrogeological testing related to groundwater quality and discharge are provided to the City to the satisfaction Toronto Water; and b. a minimum of 90 units within the development are secured as affordable units for a minimum of 20 years. 3. City Council authorize the Chief Planner and Executive Director, City Planning Division, in consultation with the Ward Councillor, to secure services, facilities or matters pursuant to Section 37 of the Planning Act, should the proposal be approved in some form by the Local Planning Appeal Tribunal. 4. In the event that the Local Planning Appeal Tribunal allows the appeal in whole or in part, City Council authorize the City Solicitor to request the Local Planning Appeal Tribunal to withhold the issuance of any Order(s) until such time as the Local Planning Appeal Tribunal has been advised by the City Solicitor that: a. the final form of the Zoning By-law Amendments are to the satisfaction of the Director, Community Planning, Scarborough District and the City Solicitor; b. community benefits and other matters in support of the development are secured in a Section 37 Agreement executed by the owner and registered on title to the satisfaction of the Director, Community Planning, Scarborough District and the City Solicitor; and c. proposed groundwater quality and discharge from the proposed development is to the satisfaction of Toronto Water. 5. City Council authorize the City Solicitor and City staff to take any necessary steps to implement City Council's decision. The balance of Confidential Attachment 1 and Confidential Attachment 2 to the report (November 19, 2019) from the City Solicitor remain confidential in accordance with the provisions of the City of Toronto Act, 2006, as they contain information that is subject to solicitor-client privilege.
Staff recommendation as filed
The City Solicitor recommends that: 1. City Council adopt the confidential recommendations in Confidential Attachment 1. 2. If the City Solicitor's confidential recommendations are adopted by City Council, then City Council authorize the public release of the recommendations in Confidential Attachment 1, with Confidential Attachment 2 and the remainder of Confidential Attachment 1 to remain confidential as they contain information that is subject to solicitor-client privilege.
MM12.7adopted
This Motion seeks to provide funding, paid entirely through Section 37 monies, to Community Matters Toronto' Bell Box Murals Project to paint six Bell Canada outdoor utility boxes in the St. Clair West area in Spring 2020. Since 2009, artists from the Bell Boxes Murals Project have painted over 250 murals on Bell Canada outdoor utility boxes in 32 neighbourhoods throughout Toronto, Southern Ontario and Quebec. The benefits of the Bell Boxes Murals Project include: - replaces graffiti and vandalism with original works of art; - makes the streets more inviting to residents and visitors; - enhances residents' sense of community; - art is accessible to all people, regardless of income, language or social stature; - creates a public art channel to reflect local culture and heritage; and - provides income and opportunities for local artists. Once submissions have been received by the Bell Box Murals Project they will be presented to the jury of community partners for final selections. Artists will be chosen on four criteria: - connection to the neighbourhood; - experience painting on outdoor surfaces; - portfolio of past mural work; and - concept or sketch of the mural. The Bell Boxes Murals Project is an independent, community-engaged art program run by Community Matters Toronto in collaboration with local residents, community organizations, and artists to benefit all members of the community. Section 37 funds have been secured and received from the development at 1443, 1445, 1451 Bathurst Street and 501 St. Clair Avenue West for public art and beautification and street enhancement projects. The use of the funds for Bell Box murals from this development is consistent with the purpose for which the funds have been secured and complies with the Council approved Section 37 Guidelines. Prior to the funds being released from the City, Community Matters Toronto will be required to sign an Undertaking that governs the use of the funds and the financial reporting requirements.
City Council on November 26 and 27, 2019, adopted the following: 1. City Council increase the 2020 Operating Budget for Non-Program, subsequent to its approval by City Council, by $9,000.00, $0 net, fully funded by Section 37 funds obtained from the development at 1443, 1445, 1451 Bathurst Street and 501 St. Clair Avenue West (Source Account: XR3026-3700597) for the purpose of providing one-time capital funding to Community Matters Toronto to complete six murals on Bell Boxes in various locations in the St. Clair West area. 2. City Council direct that the funds be forwarded to Community Matters Toronto upon the signing of an Undertaking by Community Matters Toronto that governs the use of the funds and the financial reporting requirements.
Staff recommendation as filed
Councillor Josh Matlow, seconded by Councillor Mike Colle, recommends that: 1. City Council increase the 2020 Operating Budget for Non-Program, subsequent to its approval by City Council, by $9,000.00, $0 net, fully funded by Section 37 funds obtained from the development at 1443, 1445, 1451 Bathurst Street and 501 St. Clair Avenue West (Source Account: XR3026-3700597) for the purpose of providing one-time capital funding to Community Matters Toronto to complete six murals on Bell Boxes in various locations in the St. Clair West area. 2. City Council direct that the funds be forwarded to Community Matters Toronto upon the signing of an Undertaking by Community Matters Toronto that governs the use of the funds and the financial reporting requirements.
CC12.8adopted
50-52 Neptune Drive - Request for Direction Regarding Local Planning Appeal Tribunal Hearing
An application was submitted on December 30, 2009 to amend the Zoning By-law for the lands at 50-52 Neptune Drive to permit the construction of a 14-storey residential building with 155 units, including 24 rental replacement units, and 134 parking spaces in two levels underground. On March 22, 2012, the applicant submitted a revised Zoning By-law amendment application for an 11 storey residential building with169 units, including 24 rental replacement units, and 150 parking spaces in 3 levels underground. On December 19, 2012, the applicant appealed the Zoning By-law amendment application to the LPAT for Council's failure to make a decision on the application within the prescribed timelines in the Planning Act. In a report to City Council dated May 13, 2013, City Planning recommended opposition to the appeals. Council adopted the recommendations on July 16, 2013, and authorized the City Solicitor and other staff to attend the LPAT to oppose the appeals, but to continue discussions with the applicant for the purpose of addressing the outstanding issues identified in the report. On December 11, 2013, the LPAT approved OPA 162 for the maximum number of storeys (10-storeys), building height (30.4 metres), and integrated landscaping with connectivity to adjacent properties for the subject lands. On March 20, 2014, City Council adopted the recommendations in a staff report dated February 3, 2014, for the demolition of the two existing rental apartment buildings containing 24 rental units on the subject site. A revised proposal was submitted on October 9, 2019 for a 10 storey residential building with 164 residential units, including 24 rental replacement units and 127 parking spaces in 2 levels underground. The proposed gross floor area ("GFA") would be 12,318.81 square metres and the maximum height would be 33.9 metres to meet structural and mechanical requirements of the building. Vehicular access would be from a driveway on Neptune Drive. The revised drawings are attached as Appendix "B" to this report. The purpose of this report is to request further instructions for the LPAT status hearing that is scheduled to commence December 9, 2019. City Planning has been involved in the preparation of this report.
City Council on November 26 and 27, 2019, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (November 19, 2019) from the City Solicitor. 2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to the report (November 19, 2019) from the City Solicitor. 3. City Council direct that the balance of Confidential Attachment 1 to the report (November 19, 2019) 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 (November 19, 2019) from the City Solicitor were adopted by City Council and are now public, as follows: 1. City Council accept the revised proposal dated October 9, 2019, by Bousfields Inc. and attached as Public Appendix A to the report (November 19, 2019) from the City Solicitor. 2. City Council authorize the City Solicitor and appropriate City Staff to attend the Local Planning Appeal Tribunal status hearing on this matter in support of the revised proposal set out in the architectural plans prepared by Giovanni A.Tassone Architect Inc. dated October 8, 2019 and attached as Public Appendix B to the report (November 19, 2019) from the City Solicitor. 3. City Council instruct the City Solicitor to request the Local Planning Appeal Tribunal to continue to withhold its Final Order on the Zoning By-law Amendment until such time as the Local Planning Appeal Tribunal has been advised by the City Solicitor that the following matters have been resolved: a. the proposed Zoning By-law Amendments are in a form satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor; b. the owner has submitted an updated Transportation Impact Brief that includes a Transportation Demand Management plan, to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the General Manager, Transportation Services; c. the owner has submitted revised Functional Servicing Report, Stormwater Management Report, Hydrogeological Investigation Report, and Site Servicing and Grading plans to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; d. the owner has designed and provided financial securities for any upgrades or required improvements to the existing municipal infrastructure identified in the accepted Functional Servicing Report, Stormwater Management Report, Hydrogeological Investigation Report, and Site Servicing and Grading plans to support the development, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and General Manager, Toronto Water; e. the owner has submitted revised Architectural Plans, a Landscape Plan, and an Arborist Report and Tree Preservation Plan to the satisfaction of Urban Forestry and the Chief Planner and Executive Director, City Planning; f. a Section 37 Agreement has been executed based on terms previously agreed upon by the City as part of the settlement; and g. the associated site-specific Official Plan Amendment 162 has been amended by the Local Planning Appeal Tribunal to allow for an additional height of 2.69 metres for structural and mechanical reasons. The balance of Confidential Attachment 1 to the report (November 19, 2019) from the City Solicitor remains confidential at this time in accordance with the provision 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 (November 19, 2019) 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. 2. City Council authorize the public release of the confidential recommendations contained in the Confidential Attachment 1 to this report, if adopted by City Council. 3. City Council direct that all other information contained in Confidential Attachment 1 is to remain confidential at the discretion of the City Solicitor, as it contains advice which is subject to solicitor-client privilege.
MM12.8adopted
An application has been submitted to the Alcohol and Gaming Commission of Ontario for a liquor licence for the premises at 38 Jane Street to operate under the name of Esquina Salvadorena (the "Premises). The Application is for an indoor area with a proposed capacity of 30 patrons. The Premises abuts a low-density residential neighbourhood. There are concerns related to noise, litter, safety, lighting and other potential disturbances to residents in the area. This application for a new liquor licence is not in the public interest, unless the concerns of the residents are addressed. The Registrar of the Alcohol and Gaming Commission of Ontario should be requested to issue a Proposal to Review or a Proposal to Refuse the liquor licence application. 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 matter is urgent as the deadline to object to the application is December 17, 2019.
City Council on November 26 and 27, 2019, 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 Esquina Salvadorena, 38 Jane Street (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 or a Proposal to Refuse 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, all in consultation with the Ward Councillor.
Staff recommendation as filed
Councillor Gord Perks, seconded by Councillor Shelley Carroll, 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 Esquina Salvadorena, 38 Jane Street (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 or a Proposal to Refuse 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, all in consultation with the Ward Councillor.
CC12.9adopted
162 Queens Quay East - East Bayfront - Zoning By-law Amendment - Request for Direction
The City of Toronto passed the Central Waterfront Secondary Plan (CWSP) in April 2003, and subsequently a zoning by-law for East Bayfront (By-law No. 1049-2006). Owners of a number of the private development sites in the precinct filed appeals to the Central Waterfront Secondary Plan and the zoning by-law. At its meeting on March 20, 2014, City Council adopted confidential instructions to staff in the report (February 5, 2014) from the City Solicitor and the Director, Community Planning, Toronto and East York District. A copy of the Request for Directions Report can be found at the following link: https://www.toronto.ca/legdocs/mmis/2014/mm/bgrd/backgroundfile-69146.pdf This report seeks further direction and provides advice regarding the lands located at 162 Queens Quay East, as approved by Council on May 6, 2014 (MM51.46), and as set out in subsequent Minutes of Settlement dated May 12, 2014. Since the 2014 Minutes of Settlement were executed by the parties, issues relating to the appeals by the owners of the adjacent FedEx lands (215 Lake Shore Boulevard East and 178-180 Queens Quay) have been resolved, and Local Planning Appeal Tribunal ("LPAT") Orders for the FedEx lands were issued on October 23, 2018. A site plan approval application (2019 128893 STE 10 SA) is currently under review for the development at 162 Queens Quay East. Through the detailed review of the development proposal, staff have identified improvements to its built form that would better align and be consistent with the adjacent FedEx lands development with respect to the street wall height and the taking of lands for a new east-west public road through the development block. This report seeks further direction on proposed revisions to the terms of the Minutes of Settlement related to 162 Queens Quay East, as outlined in Confidential Attachment 1 to this report.
City Council on November 26 and 27, 2019, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (November 19, 2019) from the City Solicitor. 2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to the report (November 19, 2019) from the City Solicitor when settlement is finalized to the satisfaction of the City Solicitor. 3. City Council direct that the balance of Confidential Attachment 1 to the report (November 19, 2019) from the City Solicitor remain confidential as it contains advice that is subject to solicitor-client privilege. Confidential Attachment 1 to the report (November 19, 2019) 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 confidential instructions to staff in Confidential Attachment 1 to the report (November 19, 2019) from the City Solicitor will be made public when settlement is finalized to the satisfaction 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 of this report. 2. If adopted by Council, City Council authorize the public release of the Recommendations in Confidential Attachment 1 when settlement is finalized to the satisfaction of the City Solicitor. 3. City Council direct that the remainder of the confidential information contained in Confidential Attachment 1 remain confidential in its entirety, as it contains advice which is subject to solicitor-client privilege.
MM12.9adopted
An application has been submitted to the Alcohol and Gaming Commission of Ontario for a liquor licence at the premises at 2904 Dundas Street West to operate under the name of Tumi Dumplings House. 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 establishment is located in close proximity to residential units. There are concerns that an establishment with a liquor licence can cause noise and disturbance to residents in the area. If conditions are put in place, these concerns may be mitigated. Under no circumstance should the establishment be granted a liquor sales licence without conditions attached. This matter is deemed urgent as the deadline to object to the application is December 9, 2019.
City Council on November 26 and 27, 2019, 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 Tumi Dumplings House, 2904 Dundas Street West 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.
Staff recommendation as filed
Councillor Gord Perks, seconded by Councillor Shelley Carroll, 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 Tumi Dumplings House, 2904 Dundas Street West 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.