June 30, 1999

To:Toronto Community Council

From:Commissioners of Works and Emergency Services and Urban Planning and Development Services

Subject:Construction of a Pedestrian Bridge Containing a Cat-walk, Lighting, Advertising Panels and Support Columns Within the Public Right of Way, Over and Across Jarvis Street to Connect 109 Front Street East to St. Lawrence Market (92 Front Street East) (Downtown)

Purpose:

To report on the construction of an overhead pedestrian bridge with a cat-walk, lighting, advertising panels, and support columns within the public right of way, over and across Jarvis Street required in connection with various legal agreements, to service and link the public parking garage at 109 Front Street East to St. Lawrence Market (92 Front Street East).

Funding Sources, Financial Implications and Impact Statement:

The cost of construction of the pedestrian bridge is the responsibility of the owner of 109 Front Street West pursuant to various legal agreements. In order for this obligation to be in effect, the City must allow advertising panels to be installed and used on the bridge (in which case recommendation 2(a) would be adopted), or alternatively, the City may elect to acquire the pedestrian bridge for an amount equal to the cash-in-lieu component of the Parks Levy attributable to Phase IIc (Jarvis Street building) estimated in 1999 to be in the range of $207,000 (in which case recommendation 2(b) would be adopted).

Recommendations:

1.That City Council approve the construction of an overhead pedestrian bridge containing a cat-walk, lighting, advertising panels and support columns, over and across Jarvis Street to service and link the public parking spaces at 109 Front Street East to 92 Front Street East (St. Lawrence Market), subject to the owner of the building at 109 Front Street East and any licensees as may be required by the City Solicitor entering into an agreement with the City, agreeing to:

(a)Indemnify the City from and against all actions, suits, claims or demands and from all loss, costs, damages, charges and expenses that may result from such permission granted;

(b)Maintain the pedestrian bridge, containing a cat-walk, lighting, advertising panels and support columns, in good and proper repair and condition and in accordance with the Section 37 Agreement registered against the title of 109 Front Street East, to the satisfaction of the Commissioners of Works and Emergency Services and Urban Planning and Development Services;

(c)The ownership of the bridge, cat-walk, lighting, advertising panels and support columns be transferred to the City upon expiry of the 25-year period, the beginning of which will be established by the Commissioners of Works and Emergency Services and Urban Planning and Development Services upon satisfactory completion of the work;

(d)Comply with the conditions of the Section 37 and Municipal Capital Facility Agreements respecting the pedestrian bridge, registered against the title of the property as Instrument Nos. E150208 and E150212 on February 23, 1998 between the City and 109 Front Street East Inc;

(e)Comply with Appendixes 'A' and 'B' of this report;

(f)Obtain written approval from Toronto Hydro Electric Systems regarding a possible conflict between their chamber and the bridge caisson;

(g)Accept such additional conditions as the City Solicitor or the Commissioners of Works and Emergency Services and Urban Planning and Development Services may deem necessary in the interest of the Corporation;

2. That City Council:

(a)approve the advertising on the pedestrian bridge, subject to the criteria set out in Appendix 'A' of this report for the signage and waive the annual rental and advertising fees for the encroachment of the bridge and signage into the public right of way;

OR

(b)deny the advertising on the pedestrian bridge, but acquire the bridge for an amount equal to the cash-in-lieu component of the parkland contribution attributable to Phase IIc building (Parks Levy), estimated in 1999 to be in the range of $207,000; and

3.That appropriate City of Toronto officials be authorized and directed to take the necessary action to give effect thereto.

Background:

The proposed pedestrian bridge discussed in this report is being provided in conjunction with the construction of a large phased retail/residential development, commonly known as 109 Front Street East or the A2B site, situated on the east side of Jarvis Street across from the St. Lawrence Market (see Map 1). The bridge is intended to provide a safe, convenient connection between 205 public parking spaces in the parking garage of the development and St. Lawrence Market. The developer has a legal obligation to provide the pedestrian bridge as set out in various agreements with the City, subject to certain conditions. The legal agreements are the result of the settlement of a lengthy dispute between the City and 109 Front Street East over a longstanding requirement on the developer to replace surface parking that once existed on the site with structural parking to serve St. Lawrence Market patrons. The settlement has been authorized by both the former City of Toronto Council, the Financial Advisory Board and ordered by the Ontario Municipal Board.

Various legal agreements between the City and the developer implement the settlement including a Section 37 Agreement, a Municipal Capital Facility Agreement and an amending Development Agreement.

Comments:

1. Bridge Structure

Mr. Morton Gaines, The Camrost Corporation, 250 Davisville Avenue, Suite 401, Toronto, Ontario

M4S 1H2, acting on behalf of the owner 109 Front Street East, submitted an application to construct an overhead pedestrian bridge with a cat-walk, lighting, advertising panels and support columns within the public right of way, over and across Jarvis Street, to service and link the newly constructed condominium building at 109 Front Street East to 92 Front Street East (St. Lawrence Market).

The weather protected, overhead pedestrian bridge will provide a vertical clearance of 5.25 m over the existing grade. The columns for the bridge are required to support the structure. The lighting will be affixed to the cat-walk on the exterior of the bridge and the advertising panels to the bridge itself. The cat-walk on the outside of the bridge will serve as a maintenance corridor for staff to carry-out regular maintenance work. The conceptual design of the bridge is shown on Map 3 of this report.

The proposed bridge will provide the users of the public parking spaces situated within that building with direct access into the ground level of the City-owned, St. Lawrence Market (92 Front Street East). The bridge will be connected to a dedicated elevator and lobby within the Jarvis Street phase of the development (Phase IIc) .

The former City of Toronto Council, at its meeting of May 28 and 29, 1990, adopted a general policy prohibiting the construction of overhead structures and pedestrian bridges over the public right-of-way, except for site specific locations where Council may approve of such structures on the recommendations of the Commissioners of Works and Emergency Services and Urban Planning and Development Services, providing appropriate justification and subject to the bridge being accessible to people with disabilities.

The proposed pedestrian bridge has been designed to accommodate persons with disabilities. In addition, the pedestrian bridge will provide convenient and dedicated access from the parking facility to the ground floor of St. Lawrence Market, a key City-owned institution.

The proposal has been reviewed by the Commissioners of Works and Emergency Services and Urban Planning and Development Services, the Public Utilities Co-ordinating Committee, and Heritage Toronto and found to be acceptable to all.

2. Advertising

The Section 37 Agreement between the City and the owner states that the City and the Developer shall use their best efforts to secure advertising rights on and within the pedestrian bridge. This, in part, was to assist in offsetting the construction cost of the bridge. If the advertising rights are not secured, then the City may elect to acquire the pedestrian bridge for an amount equal to the cash-in-lieu component of the Parks Levy for the last phase of the development in order to have the bridge constructed by the developer and then conveyed to the City. However, where the bridge is constructed with advertising permitted, it is to be conveyed to the City, with the 205 public parking spaces at the end of a 25-year period for $1.00 (one dollar), and subject to compliance with other provisions of the agreements.

In considering responses to a comprehensive Request for Proposals in 1995, for advertising in the public right of way, it was pointed out that Council must decide on the fundamental notion of allowing the proliferation of commercial advertising in public space, more particularly in the public right of way. The public is already exposed to intense commercial advertising in the form of billboards, posters, advertising kiosks, etc., immediately beyond on adjacent private properties and buildings, however, crossing the line directly into the public streets is a question of principle. Another consideration is whether the overall concept of advertising within the streets, as well as individual elements, is compatible with the efforts and resources expended by the City over the years to streamline streetscape design and promote a simple, clean design in street furniture and facilities.

This particular proposal may be seen to be somewhat analogous to the transit shelter program, where a valuable public facility is enabled as a result of advertising revenues.

As noted above, in the event that Council does not approve of the advertising component, it also has an option of acquiring the pedestrian bridge for an amount equal to the parkland contribution to the Phase IIc building (last phase of development). If Council decides to pursue neither of these alternatives, the developer's obligations to construct the pedestrian bridge are not in effect.

3. Fees

Under the City of Toronto Municipal Code, Chapter 313, the property owner is required to pay an annual rental charge of $20.00 per square metre, based on the square metre of the area the bridge will occupy. This charge increases yearly based on the Consumer Price Index. Given that the bridge provides a substantial public benefit and that ownership will ultimately be assumed by the City, the protracted negotiations and litigation have resulted in a proposal to waive the fees and any direct revenue share to the City from the advertising component.

Conclusions:

The proposed pedestrian bridge and public parking are a significant piece of infrastructure which will enhance the vitality and long term health of the St. Lawrence Market. For this reason, construction of the pedestrian bridge is an important part of the settlement of the legal and planning dispute respecting 109 Front Street East.

Contact Names and Telephone Numbers:

Angie Antoniou, 392-1525

Manager, Right of Way Management, District 1

Works and Emergency Services

Lance Alexander, 392-7573

Planner, Urban Planning and Development Services

Andrew Koropeski

Director, Transportation Services, District 1

Works and Emergency Services

Beate Bowron

Director, Community Planning, South District

Urban Planning and Development Services

AML

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APPENDIX 'A'

ADVERTISING SIGNS

(a)Advertising signs shall be non-illuminated and lit with exterior lighting affixed to the pedestrian bridge's cat-walk.

(b)The total aggregate advertising signage area shall not exceed 46 square metres.

(c)No more than 10 signs shall be erected and used, of which one sign on the north and one sign on the south side of the pedestrian bridge shall be used to advertise the public parking available at 109 Front Street East.

(d)No advertising of competitors to St. Lawrence Market shall be displayed.

(e) The advertising shall not detract from the St. Lawrence Market and the owner shall give notice to the City of each item of proposed bridge advertising at least 14 days before it is intended to be displayed.

(f) Each sign shall be incorporated into the pedestrian bridge as shown in drawing No. 3 attached to this report.

(g)Each sign shall have a maximum height of 1.4 metres and a maximum width of 3.5 metres.

(h)The signage, with the exception of those adverting the availability of the public parking located at 109 Front Street East shall be located on the bridge, between the vertical foundation support columns.

(i)The signage shall comply with the City of Toronto's Code of Ethics for advertising (Appendix 'B').

APPENDIX 'B'

CODE OF ETHICS

Advertisements shall not:

1. present images or information which is discriminatory in tone or content, as defined by the Ontario Human Rights Code and the Canadian Advertising Foundation;

2. contain inaccurate of deceptive claims or statements;

3. present products prohibited from sale to minors in such a way as to appeal particularly to persons under legal age;

4. reflect partisan viewpoints or take a stand on controversial societal issues;

5. exploit violence and sexuality;

6. advertise alcoholic beverages, except in sponsorship of appropriate events and where the content of the advertisement primarily displays, promotes or announces the event. Advertising, signage or sponsorship of an event targeted to children/youth under the age of 19 years, will not be accepted;

7. advertise tobacco products;

8. interfere with the operation of equipment or the provision of programs and services;

9. violate or conflict with any existing City policies or any new policies that may be enacted.