(Report dated June 12, 1998, addressed to North York Community Council, from the Commissioner of Transportation, North York Civic Centre.) Subject:Boulevard Leasing Café: 1980 Avenue Road, Millie=s Bistro, North York Centre South

Purpose:To determine the appropriateness of the application from Millie=s Bistro Restaurant to lease a portion of the municipal boulevard for the purpose of operating a outdoor café.

Source of funds:

No departmental funds are required as all associated costs for the boulevard café are the responsibility of the applicant.

Recommendations:

It is our recommendation that the application to lease a portion of the boulevard at 1980 Avenue Road be approved, subject to the following conditions.

1.The existing hydrant must have easy, unobstructed access;

2.No permanent structure will be allowed;

3.The broken asphalt should be replaced with concrete paving stones, similar to the portion of the outdoor café fronting Avenue Road;

4. The café area should be protected from vehicles using the rear parking area by the use of bollards or anchored portable concrete curbs;

5. That the applicant be aware that normal maintenance or repair of the telephone cable through the café area may disrupt their operation;

6. The applicant enter into an agreement to indemnify and save harmless the City of Toronto from any action, claim, damage or loss whatsoever arising from the issuance of the licence or the use to be provided or anything done or neglected to be done in connection with the said use; and

7.The provision of $2,000,000 (two million dollars) of liability insurance, naming the City of Toronto as co-insured.

Council Reference/Background/History:

In accordance with the Boulevard Leasing Policy for the former City of North York, staff have reviewed the application to lease a portion of the municipal boulevard.

Discussion:

A review of the site has indicated that sufficient space is available within the municipal boulevard

to accommodate this request. The location applied for does not create either a pedestrian impediment or sight obstruction. The boulevard cafe will occupy an area of approximately 76 m5 and will be setback 0.60 metres from the municipal roadway.

The leasing fee, based upon the 1998 road allowance leasing rates as established by the City of Toronto, North York District, Finance Department, will be obtained from the applicant prior to the enactment of the lease agreement.

Conclusions:

The Transportation Division supports the application to lease a portion of the municipal boulevard adjacent to 1980 Avenue Road.

Contact Name:

Mr. Michael Frederick, Director of Operations, at 395-7484

(Copy of attached map, is on file in the office of the City Clerk.)