TABLE OF CONTENTS

REPORTS OF THE STANDING COMMITTEES

AND OTHER COMMITTEES

As Considered by

The Council of the City of Toronto

on February 2, 3 and 4, 1999

URBAN ENVIRONMENT AND DEVELOPMENT COMMITTEE

REPORT No. 2

1Bicycle Lanes in Spadina Avenue and Across the City of Toronto

2Proposed Speed Limit Reduction on Sheppard Avenue East Between Bayview Avenue and Hawksbury Drive(Wards 9 and 12 - North York Centre South and Seneca Heights)

3F.G. Gardiner Expressway/Highway 427/Brown's Line Interchange Modifications Proposed Environmental Assessment Study(Ward 2 - Lakeshore - Queensway)

4By-law to Appoint Deputy Chief Building Officials

5Minister's Zoning Order with Respect to Woodbine Racetrack Lands(Ward 5 - Rexdale Thistletown)

6Proposed Eastbound and Westbound Left Turn Prohibitions During the Weekday Afternoon Peak Period at Bathurst Street and College Street (Wards 20 and 24 - Trinity-Niagara and Downtown)

7Lawrence Avenue Bridge over the Humber River east of Scarlett Road, Structure Rehabilitation ,Contract No. T-30-99, Tender No. 145-1998

8Proposed Amendments to By-laws Concerning Snow Emergency Periods

9Toronto Transit Commission's 1999 Service Plan- Results of Consultation

10Other Items Considered by the Committee

City of Toronto

REPORT No. 2

OF THE URBAN ENVIRONMENT AND DEVELOPMENT COMMITTEE

(from its meeting on January 11, 1999,

submitted by Councillor Joe Pantalone, Chair)

As Considered by

The Council of the City of Toronto

on February 2, 3 and 4, 1999

1

Bicycle Lanes in Spadina Avenue and

Across the City of Toronto

(City Council on February 2, 3 and 4, 1999, adopted this Clause, without amendment.)

The Urban Environment and Development Committee recommends that:

(1)the report (January 6, 1999) from the General Manager, Transportation Services be adopted subject to amending Recommendation (1) by adding the words "from Bloor Street to Queen's Quay" after the words "Spadina Avenue", so as to read:

"(1)Transportation Services improve cycling conditions on Spadina Avenue from Bloor Street to Queen's Quay by marking an edge line approximately 0.9 metres from the curb to guide motor vehicles away from the curb and create more space for cyclists;"

(2)appropriate signage be provided for cyclists; and

(3)the Police Chief be requested to bring the Police Force's Accident Statistics back on-line within 6 months.

The Committee reports, for the information of Council, having:

(1)received an overhead presentation on this matter from Daniel Egan, Manager, Pedestrian and Cycling Infrastructure, Works and Emergency Services and Tom Mulligan, Director, Program, Policy and Planning;

(2)requested the Commissioner of Works and Emergency Services to report to the City Cycling Committee for subsequent submission to the Urban Environment and Development Committee:

(a)on extending the marking of an edge line for cyclists to Davenport Road or Dupont Street;

(b)on the impact of installing a bicycle lane on Spadina Avenue;

(c)with a detailed report on the implementation of a pilot project on a representative section of Spadina Avenue where car lanes would be reduced to 3 metres, parking to 3 metres and the establishment of a designated bicycle lane, such report to also examine the issue of whether the bike lanes could be moved to the passenger side rather than the driver side;

(3)requested the Commissioner of Works and Emergency Services to consult with the City Cycling Committee, through its Chair, in designing an edge line on Spadina Avenue for cyclists and report further to the Urban Environment and Development Committee

(4)forwarded the article titled "When Cities Take Bicyclists Seriously" referred to by Councillor McConnell to the Commissioner of Works and Emergency Services with a request that he report further on how the City can, in future, look at implementing more sustainable transportation methods.

The Urban Environment and Development Committee submits the following report (January6, 1999) from the General Manager, Transportation Services:

Recommendations:

It is recommended that:

(1)Transportation Services improve cycling conditions on Spadina Avenue by marking an edge line approximately 0.9 metres from the curb to guide motor vehicles away from the curb and create more space for cyclists;

(2)staff investigate the provision of dedicated north-south bicycle lanes on Peter Street, Blue Jays Way, Bremner Boulevard and Rees Street and report back to Committee; and

(3)Works and Emergency Services and Urban Planning and Development Services report jointly to the Toronto Cycling Committee in February, 1999 on a strategy regarding the implementation of the recommendations contained in the Coroner's report, "A Report on Cycling Fatalities in Toronto 1986 - 1996".

Background:

At its meeting of October 27, 1998, the Toronto Cycling Committee recommended to the Urban Environment and Development Committee that the September, 1992 Revised Design Option 2 for Spadina Avenue be implemented as described in a communication from Ms. Joan Doiron regarding "Designated Bicycle Lanes On a 'Green' Spadina Avenue". A communication dated November 7, 1998 from the Advocacy for Respect for Cyclists (ARC) has also been forwarded to the Urban Environment and Development Committee. In this communication, ARC has requested that the City of Toronto improve Spadina Avenue for cyclists in direct response to the death of a cyclist on Spadina Avenue in August, 1998.

At its meeting of October 27, 1998, the Toronto Cycling Committee also had before it a copy of the final "Report on Cycling Fatalities in Toronto 1986 - 1996 -- Recommendations for Reducing Cycling Injuries and Death (July 1, 1998)", prepared by Dr. William J. Lucas, Regional Coroner for Toronto. This report is the result of a two year consultation process following the death of two cyclists in a ten day period in July 1996. The Toronto Cycling Committee recommended that staff report in February, 1999 on a strategy regarding the implementation of the recommendations contained in the Coroner's Report.

In response to the broader issue of improved cycling safety in the City of Toronto, staff from the Works and Emergency Services and Urban Planning and Development Services will be reporting jointly to the Toronto Cycling Committee in February 1999 with respect to a strategy for implementing the recommendations contained in the Coroner's Report on cycling fatalities in Toronto. The Coroner's report outlines 15 recommendations with a view to improving bicycle safety and reducing injury and death. The report to the February meeting will deal specifically with the recommendations regarding expert review of bicycle collisions and collisions data (recommendations No. 4 and No. 5), collision prevention- education (recommendation No. 6), and road design/facilities (recommendations No. 13 and No. 14).

This report provides for the information of the Committee an overview of existing cycling activities in the amalgamated City, outlines a work plan for 1999 to develop a Cycling Master Plan and responds to the issues raised by the Toronto Cycling Committee and ARC on Spadina Avenue.

Discussion:

(1)Existing Cycling Activities

With approximately 25,000 daily bicycle commuter trips in the Central area and many recreational cyclists using the many waterfront and park trails, cycling has become a popular activity across the City. In response to this activity, municipal staff have developed and are continuing to implement programs and infrastructure to support cycling.

The City of Toronto provides an extensive program for promoting safe bicycle use. The annual Bike Week celebration in the first week of June focuses attention on bicycle commuting and kicks off an active summer of bicycle safety promotion. For the past few summers a team of Cycling Ambassadors, working in cooperation with Toronto Cycling Committee volunteers and the Toronto Police's Bike Patrol, has promoted bicycle safety at schools, recreation centres and hundreds of community events across the City. The Ambassadors also provide CAN-BIKE cyclists training courses for all ages in an effort to improve the skills of cyclists on the road. These safety programs address four goals identified by the Cycling Committee: to decrease the number and severity of cycling injuries and fatalities; to increase compliance with traffic laws; to promote safe use of bicycles and increase acceptance of bicycles by all road users and; to protect and preserve environmentally sensitive areas by promoting responsible trail use.

To support and provide a safe environment for cycling, the development and implementation of a network of bicycle lanes and routes continues as part of the transportation network of the City. With nearly 5 percent of vehicles on the streets in the Central area being bicycles, the former City of Toronto took a lead in creating an on-road bicycle network to meet the needs of cyclists. Their bicycle lane program has resulted in over 50 lane kilometres of exclusive bicycle lanes being designated on the road network in the former City of Toronto (see Map No. 1). These lanes include:

North-South

-Sherbourne Street - Queens Quay Avenue to Elm Avenue

-Beverley Street/St. George Street - Queen Street to Lowther Avenue

-Bay Street - Cumberland Street to Davenport Road

-Elizabeth Street - Gerrard Street to College Street

-St. George Street - Prince Arthur Avenue to Dupont Street (southbound)

-Bedford Road - Prince Arthur Avenue to Davenport Road (northbound)

-Poplar Plains Road - Davenport Road to St. Clair Avenue West (northbound)

-Russell Hill Road - Poplar Plains Road to St. Clair Avenue West (southbound)

-Grace Street - Harbord Street to Bloor Street (southbound)

-Colborne Lodge Drive - Lakeshore Boulevard to The Queensway

-Colborne Lodge Drive - West Road to Bloor Street

-West Road - Bloor Street to Colborne Lodge Drive

East-West

-Davenport Road - Bay Street to Old Weston Road

-Hoskin Avenue/Harbord Street - Queen' s Park Crescent to Spadina Avenue

-Harbord Street - Borden Street to Grace Street

-College Street - Bay Street to Manning Avenue

-Gerrard Street East- Don Jail Roadway to River Street

- Berkely Street to Elizabeth Street

-Wellington Street - Bathurst Street to Niagara Street

-Queens Quay- Parliament Street to Yonge Street

- Spadina Avenue to Stadium Road

-Strathcona Avenue - Blake Street to Carlaw Avenue (contra flow)

-Prince Arthur Avenue - St. George Street to Bedford Road

In addition to these facilities, the former Metro Transportation Department implemented approximately 16 lane kilometres of exclusive bicycle lanes on the arterial road network. These lanes include Lake Shore Boulevard west from the Humber River and through the Long Branch area, Bloor Street from Sherbourne Street east to Broadview Avenue, Steeles Avenue west of the Pickering Town Line, across the Bayview Avenue bridge at Lawrence Avenue and across the Millwood Road bridge at Overlea Boulevard. The former City of Etobicoke also implemented approximately 6 lane kilometres of bicycle lanes on Rathburn Road from Martin Grove to the East Mall and on Royal York Road from Ashley Park Road to Eglinton Avenue West. In total across the City, over 72 lane kilometres of the exclusive bicycle lanes are now in operation.

In order to allow for greater lateral clearance and safety for cyclists, wide curb lanes (4.0 metres minimum) were also implemented where road reconstruction or resurfacing opportunities allowed. Examples of wide curb lane locations are:

-Bathurst Street - Sheppard Avenue to Steeles Avenue

-Brown's Line - Horner Avenue to Evans Avenue

-Victoria Park Avenue - Danforth Avenue to Dawes Avenue

-The Queensway - Kipling Avenue to the East Mall

-Sheppard Avenue - Bathurst Street to Wilson Height's Boulevard

-Finch Avenue - Yonge Street to Bathurst Street

-Lawrence Avenue - Bathurst Street to Allen Road

-York Mills Road -Don Mills Road to Leslie Street

Other on street cycling initiatives include the implementation of the "Share the Road" bicycle logo and the provision of an edge line 0.8 to 1.3 metres from the curb on various sections of the arterial road system. These treatments are among a variety of measures currently being evaluated in the context of a larger speed reduction study. The final recommendations of this study have not yet been finalized.

To support "off-road" cycling activity, the Parks and Recreation Departments of the former municipalities have developed a system of multi-use trails (approximately 150 km) across the City of Toronto. The trail system will continue to grow under the stewardship of Economic Development Culture and Tourism Services as new opportunities are identified. A study completed in 1998, "Inventory of Cycling Trail Opportunities in Rail and Hydro Corridors" identified 46 candidate trail projects in both rail and hydro corridors, representing approximately 204 km of new trail opportunities. The candidate trail projects are fairly evenly distributed across the City and could connect with many of the existing open space trails. Combined with the traditional open space trails, the rail and hydro corridors provide a tremendous opportunity for developing a much more extensive network of trails for commuter and recreational cyclists, in-line skaters and pedestrians.

(2)1999 Cycling Work Plan

Prior to amalgamation, cycling in the seven former municipalities was dealt with in varying degrees both at an administrative level and at a citizen participation level. The former City of Toronto had the most extensive cycling program with its City Cycling Committee supported by three full-time staff in Urban Development Services dedicated exclusively to cycling issues. In addition, staff in the City Works Services and Community Services were involved in implementing cycling infrastructure. At the former Metropolitan Toronto, the Metropolitan Cycling and Pedestrian Committee was supported by staff from the Clerks, Planning, Parks and Transportation Departments as part of their overall responsibilities. At the other former municipalities, citizen participation committees were started in Etobicoke and North York with limited staff support from the Works and Transportation Departments. In East York, Scarborough and York, no formal cycling committees were formed, however staff from the Planning and Parks Departments worked on cycling issues in these municipalities.

In recognition of the need to maintain and expand the cycling programs and infrastructure that has earned the former City of Toronto the reputation as the best city for cycling in North America, the Pedestrian and Cycling Infrastructure Unit has been established as part of the new structure of the Works and Emergency Services Department. This unit, which falls under the Programming and Policy Section, will be responsible for the implementation of cycling and pedestrian facilities across the entire City and will work closely with the City Planning Division in the development of policies, plans and programs which are cycling related.

The first step in establishing the appropriate policies, plans and programs for the new City is the development of a comprehensive Cycling Master Plan by staff of the City Planning and Transportation Services Divisions. This plan would include a number of elements such as an ultimate on-street and off-street route network, objectives/time lines, input to the Official Plan and education programs. The former Toronto City Cycling Committee has established a framework for this Master Plan with the development of their vision statement "Bicycle City 2001". In their report, adopted by the former Toronto City Council in April 1996, the goals for cycling in Toronto as well as the vision for building the social, physical and economic infrastructure to support bicycle use was clearly outlined. In 1999, funds have been allocated in the budgets of the two divisions to produce the Cycling Master Plan.

In addition, as part of the 1999 Works and Emergency Services Capital Budget, funds have been allocated for new traffic calming and bicycle lane initiatives. Implementation of bicycle lanes in 1999 will come from the approximate 30 lane kilometres of exclusive bike lanes and approximately 12kilometres of bike routes currently being investigated. The sections of roadway under review include:

(3)Bike Lanes On Spadina Avenue

In response to the death of a cyclist on Spadina Avenue south of King Street in August of 1998, as well as in response to the motion being brought forward to the UEDC regarding 'Designated Bicycle Lanes on a "Green" Spadina Avenue', the Transportation Division has again reviewed the section of Spadina Avenue from King Street south to Queens Quay to determine whether dedicated cycling facilities can be provided.

The issue of dedicated bicycle lanes on Spadina Avenue was dealt with by the former Metropolitan Toronto Council during the final deliberations on the Environmental Assessment for the Spadina LRT. Due to the need to provide dedicated space for the LRT right-of-way, sufficient traffic lanes to meet existing traffic and parking demands and to minimize the impacts on existing sidewalk areas, there is insufficient space to provide dedicated bicycle lanes on Spadina Avenue between Front Street and Bloor Street. The former Metro Council examined this question and directed that wider curb lanes be provided on Spadina Avenue to provide for increased lateral clearances between motor vehicles and bicyclists.

Based on a review of existing pavements widths for the section of Spadina Avenue south of King Street, the provision of exclusive bicycle lanes cannot be provided without reducing the number of traffic lanes. However, recognizing that the curb lanes in this section are wider, it is possible to narrow the curb lane by painting an edge line approximately 0.9 metres out from the curb. While a dedicated bicycle lane cannot be provided in this section of Spadina Avenue, this 0.9 metre "buffer" should provide an improved environment for cyclists by guiding motor vehicles further from the curb area. This treatment has been tried on Lawrence Avenue East with some success as part of the Speed Compliance on Arterial Roads review currently underway.

ARC has requested that an emergency bicycle lane be provided on Spadina Avenue from King Street to Queens Quay. Given the turning and weaving conflicts on Spadina Avenue south of Bremner Boulevard in the vicinity of the ramps to/from the F.G. Gardiner Expressway, the edge line treatment is only recommended from King Street south to Bremner Boulevard. Access for cyclists further south to/from Queens Quay would be directed from Spadina Avenue east on Bremner Boulevard to Rees Street where a protected crossing of Lake Shore Boulevard is possible.

We recognize that the above proposal does not meet the objectives of providing a fully dedicated north-south bicycle lane on Spadina Avenue. We feel that other routes may provide a superior opportunity to provide fully dedicated bicycle lanes from Queens Quay northerly into the City. North-south bicycle lanes currently exist just east of Spadina Avenue between Queen Street and St.Clair Avenue West, on Beverley Street/St. George Street and Russell Hill Road/Poplar Plains Road. Staff are investigating bicycle lanes on Peter Street/Blue Jays Way/Bremner Boulevard and Rees Street that could ultimately provide dedicated bicycle lanes from Queens Quay to St. Clair Avenue West with connections to the Davenport Road and Queens Quay bicycle lanes. The further review of this proposal will also investigate alternative north-south connections between the waterfront and the City. This would include an assessment of providing bicycle facilities on Bathurst Street.

Although we are optimistic that improved bicycle conditions can be provided on Spadina Avenue, new pavement markings cannot be installed until weather permits in the spring of 1999. In the meantime, we will be continuing to consult with the Toronto Cycling Committee on the final design of any proposed changes to Spadina Avenue and potential alternative routes to the waterfront.

Contact Name and Telephone Number:

Daniel Egan

Manager, Pedestrian and Cycling Infrastructure, 392-1143

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The Urban Environment and Development Committee reports, for the information of Council, also having had before it during consideration of the foregoing matter the following material:

-Copy of overhead presentation titled "Brief Overview - Cycling in the City", conducted by staff;

-(November 23, 1998) from the City Clerk, City of Toronto;

-36 submissions from persons in support of a bicycle lane on Spadina Avenue;

-(November 9, 1998) from Miriam M. Abileah;

-(January 5, 1999) from Anne Hansen;

-(January 6, 1999) from Charles-Antoine Rouyer;

-(January 7, 1999) from Tim Gladney;

-(January 6, 1999) from Paula Tiberius & the staff of Canuck Creations Inc.;

-(January 7, 1999) from Gerald Lazare;

-(January 7, 1999) from Andrew Schulz;

-(January 4, 1999) from Silvia Langer, Greenest City;

-(January 7, 1999) from H-JEH Becker, Chair, Network Planning and Facilities Sub-Committee and Public Co-Chair, Toronto Cycling Committee;

-(Undated) from Phillip Piltch;

-(January 7, 1999) from Avery Burdett, Chairman, Ontario Coalition for Better Cycling;

-(January 6, 1999) from Denis Gagne;

-(January 8, 1999) from Mark and Mona Coulavin; and

-(January 10, 1999) from Hamish Wilson.

The following persons appeared before the Urban Environment and Development Committee in connection with the foregoing matter:

-Beth McMillan;

-Joan Doiron, obo Toronto Pedestrian Committee;

-Jake Allderdice;

-Derek Chadbourne;

-Crawford Murphy;

-Hamish Wilson;

-Doug Carroll;

-Ben Smithlea;

-Sally Mckay;

-Alison Field;

-Shannon Thompson;

-Pat McKendry, Kensington Market Working Group;

-Andrew Schutz;

-Wayne Scott;

-Councillor Chow; and

-Councillor Layton.

Insert Table/Map No. 1

Designated Bicycle Lanes - 1998

(City Council on February 2, 3 and 4, 1999, had before it, during consideration of the foregoing Clause, the following communications:

(i)(January 11, 1999) from Ms. Lela Gary, Co-ordinator, Transit Advisory Committee, regarding bicycle lanes on Spadina Avenue and across the City and forwarding recommendations with respect thereto;

(ii)(December 18, 1998) from Ms. Milinda Sato, Co-Director, YYZ Artists' Outlet, on behalf of the Board of Directors and Staff of YYZ, in support of establishing bicycle lanes on Spadina Avenue; and

(iii)(February 2, 1999) from Ms. Anne Hansen, regarding bicycles lanes on Spadina Avenue.)

2

Proposed Speed Limit Reduction on Sheppard Avenue East

Between Bayview Avenue and Hawksbury Drive

(Wards 9 and 12 - North York Centre South and Seneca Heights)

(City Council on February 2, 3 and 4, 1999, amended this Clause by adding thereto the following:

"It is further recommended that:

'WHEREAS the construction of the Sheppard Subway has created traffic congestion at certain locations along Sheppard Avenue East; and

WHEREAS one of the most affected areas is the intersection of Sheppard Avenue East with Bayview Avenue, and, as a result, some traffic is diverted onto the adjacent roads and intersections, such as Hawksbury Drive and Bayview Mews Lane; and

WHEREAS speed reductions on Sheppard Avenue East, which are required toaccommodate subway-related lane changes and modifications between HawksburyDrive and Bayview Avenue could divert further traffic onto the adjacent local roads;

NOW THEREFORE BE IT RESOLVED THAT:

(1)the westbound right turns, from Sheppard Avenue East to Hawksbury Drive, be restricted from 7:00 a.m. to 9:00 a.m., Monday to Friday; and

(2)the appropriate City officials be authorized to take the necessary action to give effect thereto, including the introduction in Council of any Bills that are required;

AND BE IT FURTHER RESOLVED THAT the General Manager, Transportation Services, Works and Emergency Services, be requested to submit a report to the Urban Environment and Development Committee, within six months, on whether there is a need to continue this prohibition.")

The Urban Environment and Development Committee recommends the adoption of the following report (December 15, 1998) from the General Manager, Transportation Services:

Purpose:

To reduce the speed limit on Sheppard Avenue East between Bayview Avenue and Hawksbury Drive during construction of the Sheppard Subway - Bayview Station.

Funding Sources:

All costs associated with this work will be the responsibility of the Toronto Transit Commission under the Rapid Transit Expansion Program.

Recommendations:

It is recommended that:

(1)the speed limit be reduced to 40 km per hour on Sheppard Avenue East between Bayview Avenue and Hawksbury Drive until completion of Bayview Station surface construction in the fall of 2001; and

(2)the appropriate by-law(s) be amended accordingly.

Background:

Construction of the Bayview Station for the Sheppard Subway will be underway from early 1999 through to the fall of 2001. The cut-and-cover method is being used for the construction of the station. To maintain traffic flow on Sheppard Avenue during the construction period detour roads will be constructed which will provide four traffic lanes plus left-turn lanes between Bayview Avenue and Hawksbury Drive.

Discussion:

Sheppard Avenue East between Bayview Avenue and Hawksbury Drive is a five-lane east-west roadway. The posted speed limit is 60 km per hour. The adjacent land use is a shopping centre on the north side, with a residential community and a YMCA facility on the south side. There are driveways to the shopping centre, the YMCA, and access to the residential community via Kenaston Gardens and Barberry Place.

Although the proposed detour roads will provide similar traffic carrying capacity to that existing on Sheppard Avenue, the geometry of the detours will not meet the standards required to maintain the posted speed limit of 60 km per hour. This deficiency, in addition to presence of construction equipment within the work zone, barricades delineating the work area, and truck movements accessing the work zone can restrict the visibility of workers, pedestrians, and turning vehicles to motorists driving through the work area. Therefore, a reduction in the speed limit for vehicles travelling on Sheppard Avenue East through the work area is justified.

Conclusions:

The posted speed limit should be reduced from 60 km per hour to 40 km per hour on Sheppard Avenue East between Bayview Avenue and Hawksbury Drive for the duration of construction of the Sheppard Subway Bayview Station.

Contact Name and Telephone Number:

David Butler, Manager

Sheppard Subway Traffic Operations

(416) 392-5285

Insert Table/Map No. 1

location map

3

F.G. Gardiner Expressway/Highway 427/

Brown's Line Interchange Modifications

Proposed Environmental Assessment Study

(Ward 2 - Lakeshore - Queensway)

(City Council on February 2, 3 and 4, 1999, adopted this Clause, without amendment.)

The Urban Environment and Development Committee recommends:

(1)the adoption of the report (December 18, 1998) from the General Manager, Transportation Services subject to Canada Life Assurance Company confirming that it is prepared to make the front end payments for the costs of the engineering consultant to be engaged in the environmental assessment and to contribute an additional $10,000.00 to the City's costs; and

(2)that appropriate City officials be authorized to investigate the establishment of development chargess for the recovery of City costs, including the study and planning costs related to the proposed Interchange and road improvements. Development charges should provide a mechanism to reimburse or credit front end contributions to ensure that all benefitting landowners contribute on the terms set out in the Sherway Centre Secondary Plan.

The Urban Environment and Development Committee submits the following report (December18, 1998) from the General Manager, Transportation Services:

Purpose:

To request authorization to undertake an Environmental Assessment (EA) Study, in partnership with the Canada Life Assurance Company, for modifications to the F.G. Gardiner Expressway/Highway 427/Brown's Line interchange.

Funding Sources, Financial Implications and Impact Statement:

The cost of engineering consultant assistance to undertake this EA Study will be borne by the Canada Life Assurance Company.

Recommendation:

It is recommended that the General Manager of Transportation Services, in partnership with the Canada Life Assurance Company, be authorized to conduct an Environmental Assessment Study for modifications to the F.G. Gardiner Expressway/Highway 427/Brown's Line interchange as described in the Sherway Centre Secondary Plan.

Background:

On November 25, 1996, Council for the former City of Etobicoke approved revisions to Official Plan Amendment No. 18-94, also known as the Sherway Centre Secondary Plan. Included in these revisions is a modified public road network as shown on Figure No. 1. The Sherway Secondary Plan was approved by the Ontario Municipal Board in May 1997.

A key conclusion in the Sherway Centre Secondary Plan was that, in order to achieve the maximum development densities outlined in the Plan, improved access to the abutting freeway system is necessary. Figure No. 1 illustrates the infrastructure modifications required for the F.G. Gardiner Expressway/Highway No. 427/Brown's Line interchange to accomplish this objective. These modifications would enhance accessibility to the Sherway Centre Secondary Plan area and maintain the operational performance of the interchange.

The Canada Life Assurance Company is the major owner of the Sherway Gardens Shopping Centre. They have indicated that they are interested in expanding this development, and as such wish to pursue the implementation of the road modifications that are required to support this expansion. In correspondence dated January 2, 1996, the Ministry of Transportation, Ontario indicated that while additional study is required, they are in general agreement with the revised interchange configuration that is currently described in the Sherway Centre Secondary Plan.

However, the Ministry of Transportation, Ontario also stated that the Province of Ontario will not assume proponency for this project, and that financial responsibility for the interchange improvements must be assumed by either the developer or the former City of Etobicoke. The Canada Life Assurance Company is currently discussing possible cost sharing arrangements with the Ministry of Transportation, Ontario.

As the proposed interchange modifications are on public roads, a public agency must act as the proponent of the modifications for the purposes of an EA Study. Subsequently, in October 1998, Adason Properties Limited, a subsidiary of the Canada Life Assurance Company, wrote to request that the City of Toronto act as the proponent. They further indicated that they would like to initiate the EA Study as quickly as possible so that the construction of the interchange modifications can be coordinated with the Ministry of Transportation's plans to rehabilitate Highway 427 from the F.G. Gardiner Expressway to Highway 401 in the year 2000.

Comments:

The proposed interchange modifications are subject to the Class Environmental Assessment process for Ministry of Transportation provincial highway projects. The EA Study will be lead by Transportation Division staff with the assistance of engineering consultants retained by the Canada Life Assurance Company. A steering committee will be formed and will include, at a minimum, representatives from the City of Toronto, the Ministry of Transportation, the Region of Peel, and the City of Mississauga.

The main components of the Class Environmental Assessment process are as follows:

(a)Assessment of Need and Justification;

(b)Identification and Evaluation of Alternative Transportation Solutions;

(c)Development and Evaluation of Alternative Design Concepts;

(d)Detailing of Preferred Design Concept; and

(e)Preparation of an Environmental Study Report.

The EA Study will build on the work already completed for the Sherway Centre Secondary Plan and will include consultation with affected municipal, provincial and federal agencies and with affected members of the public.

Conclusions:

To ensure that the transportation modifications in support of the development strategy adopted in the Sherway Centre Secondary Plan can be implemented, the City of Toronto should act as the proponent for these works. Accordingly, Council should authorize the General Manager, Transportation Services to conduct the necessary EA Study in partnership with the Canada Life Assurance Company.

Contact Name:

John P. Kelly, P. Eng.,

Manager, Infrastructure Planning

Phone: 392-9066

Fax: 392-4426

Insert Table/Map No. 1

location map

4

By-law to Appoint Deputy Chief Building Officials

(City Council on February 2, 3 and 4, 1999, adopted this Clause, without amendment.)

The Urban Environment and Development Committee recommends the adoption of the following report (December 22, 1998) from the Commissioner of Urban Planning and Development Services:

Purpose:

To enact a by-law for the purpose of appointing four Deputy Chief Building Officials.

Recommendation:

It is recommended that the attached by-law to amend By law No. 226-1998 be enacted.

Council Reference/Background/History:

Under the Ontario Building Code Act each municipality is required to appoint a Chief Building Official. By-law 226-1998 which was passed in April, 1998 appointed the Chief Building Official and on an interim basis seven Deputy Chief Building Officials. (DCBO)

The four District Directors were appointed in August, 1998. The purpose of the attached by-law is to confirm these four District Directors as Deputy CBO's on a permanent basis for the purpose of enforcement of the Building Code Act.

Conclusions:

The attached by-law is intended to bring clarity to the roles and responsibilities of four district Deputy CBO's in the City. It also deletes Section 3 of By-law 226-1998 regarding interim appointments. Legal Department concurs with the proposed by-law.

Contact:

Yaman Uzumeri

Tel: 395-7513

Fax: 395-7570

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(Copy of draft By-law to amend By-law 226-1998)

Authority:Committee Report No. , Clause No., as adopted by Council on , 1999

Enacted by Council:

CITY OF TORONTO

Bill No.

BY-LAW No.

To amend By-law No. 226-1998

WHEREAS subsection 3(2) of the Building Code Act, 1992, requires the council of each municipality to appoint a chief building official; and

WHEREAS under clause 28(o) of the Interpretation Act words directing the appointment of a public officer to administer an Act also include the power of appointing a deputy to have all the powers and authority of the public officer or such limited powers and authority as the instrument appointing him or her prescribes; and

WHEREAS By-law No. 226-1998 appointed a Chief Building Official for the City of Toronto and, on an interim basis, certain Deputy Chief Building Officials; and

WHEREAS it is expedient to now appoint Deputy Chief Building Officials on a permanent basis;

The Council of the City of Toronto HEREBY ENACTS as follows:

Section 3 of By-law No. 226-1998 is deleted and the following substituted in its place:

"3.(1)Bruce Ashton, Pamela Coburn, Steven Franklin and Edward Tipping are appointed Deputy Chief Building Officials for the City of Toronto.

(2)Each Deputy Chief Building Official named in Column 1 has all of the powers and duties of the Chief Building Official within the assigned area of the City set out in Column 2 opposite the Deputy's name.

(3)When the Chief Building Official and one or more Deputy Chief Building Officials are absent, each of the remaining Deputy Chief Building Officials may exercise any of the powers of the Chief Building Official in any absent Deputy's assignment area and shall do so in any order or according to any schedule established by the Chief Building Official from time to time.

(4)For purposes of subsection (3), an official is absent when unavailable to act due to illness or any other cause or when the office is vacant."

ENACTED AND PASSED this day of , A.D., 1999.

________________________________________________

MayorCity Clerk

5

Minister's Zoning Order with Respect to

Woodbine Racetrack Lands

(Ward 5 - Rexdale Thistletown)

(City Council on February 2, 3 and 4, 1999, amended this Clause by adding thereto the following:

"It is further recommended that:

(1)City Council demand that the Minister of Municipal Affairs and Housing rescind the Zoning Order enacted which permits the operation of slot machines at Woodbine Racetrack;

(2)the Mayor, the Chair of the Budget Committee, and Councillors Brown and Sinclair, be:

(a)authorized to approach the Provincial Government to express the City's dissatisfaction with the imposition of the Minister's Zoning Order without the City's consent; and

(b)seek from the Province of Ontario, a one-time compensation payment, in addition to the approximate $7 million in annual revenues, for such an unwarranted, unilateral and arbitrary action; and

(3)the Minister of Municipal Affairs and Housing be requested to impose the same restrictions on the hours of operation of the slot machines as those currently imposed on the hours of operation of the race track.")

The Urban Environment and Development Committee recommends that the City Solicitor be authorized to seek revocation of the Minister of Municipal Affairs and Housing's Zoning Order.

The Urban Environment and Development Committee reports, for the information of Council, having:

(1)requested the Chair to invite the Minister of Municipal Affairs and Housing to appear before City Council at its meeting on February 2, 1999 to justify his Zoning Order with respect to the Woodbine Racetrack lands; and

(2)requested the Commissioner, Urban Planning and Development Services in consultation with the City Solicitor and appropriate City staff to report directly to Council for its meeting on February 2, 1999:

(a)with an analysis of the planning implications of the Zoning Order imposed by the Minister of Municipal Affairs and Housing and the development of a legal strategy, such report to also provide details of the legal costs involved in this action and provide background information of the action previously taken by the former Etobicoke City Council with respect to this matter;

(b)with a review of the Preliminary Secondary Plan and the Rexdale Highway 27 Plan;

(c)on all other options available to frustrate the will of the Minister given that his Zoning Order has frustrated the will of the people; and

(d)the implications of the use of slot machines at the Woodbine Racetracks.

The Urban Environment and Development Committee submits the following joint report (December 29, 1998) from the City Solicitor and Commissioner of Urban Planning and Development Services:

Purpose:

The purpose of this report is to inform Council of the Minister's zoning order with respect to the Woodbine Racetrack lands and its implications.

Funding Sources, Financial Implications and Impact Statement:

None.

Recommendation:

It is recommended that this report be received for information.

Council Reference/Background/History:

In a report dated August 24, 1998, the City Solicitor informed Council that the Ontario Jockey Club (the "Jockey Club"), had applied for a building permit to renovate the premises at Woodbine Racetrack for the purpose of accommodating slot machines. The application had been refused for the reason that slot machines are not a permitted use under the zoning by-law. The Jockey Club had appealed the refusal. In adopting the City Solicitor's report, Council instructed the City Solicitor to proceed to oppose the appeal.

The City Solicitor's staff represented the City's interests at the appeal and were successful. On September 29, 1998, the Court released its decision finding in favour of the City. The Jockey Club appealed the decision, and the appeal has been scheduled to be heard on January 29, 1999.

Comments and/or Discussion and/or Justification:

On December 18, 1998, the Minister of Municipal Affairs and Housing (the "Minister"), issued a zoning order under s. 47 of the Planning Act, permitting slot machines at Woodbine Racetrack. The zoning order applies only to the Woodbine Racetrack lands and relates only to the use of those lands for the operation of slot machines (including the erection and alteration of buildings to provide for this use). No limitation was placed on the number of slot machines. The Planning Act (the "Act"), gives the Minister the power to issue this kind of an order, which is similar to a zoning by-law. The Act provides that, in the event of conflict, a Minister's zoning order prevails over the City's zoning by-laws and any interim control by-laws. This means that the Minister has essentially over-ridden the City's power to zone the Woodbine Racetrack lands. In addition, the Minister's zoning order renders the litigation between the City and the Jockey Club moot.

No notice or hearing is required prior to the making of a Minister's zoning order; however, the Minister is required to give notice of the order within 30 days of issuing it. The form and recipients of the notice are in the Minister's discretion, but it would be reasonable to expect that the City will be a recipient. The Minister is also required to submit a copy of the zoning order to the City Clerk to be indexed in the same manner as a zoning by-law, but the Act does not provide a time by which the zoning order must be submitted. At the time of writing this report, we are not aware of the City having received formal notice of the zoning order. We have, however, received a copy of the zoning order and attached it to this report for your information.

Under the Act the City could request the Minister to revoke or amend the zoning order. Unless an OMB hearing is also requested, the Minister would be required to give notice of the application for revocation or amendment and to allow sufficient time for submissions to be made. If the City were to apply for a revocation of the zoning order, the City could request the Minister to refer the matter to the Ontario Municipal Board (the "OMB"), for a hearing. The Minister would be required to refer the matter to the OMB unless he was of the opinion that the request was made for the purpose of delay, was frivolous, vexatious or not made in good faith, or if the reasons given for the request did not disclose any apparent land use planning ground upon which the OMB could revoke or amend the order. The OMB may dismiss a request without a hearing for any of these same reasons, as well as a number of more technical reasons. The Act does not provide a time limit for requests to revoke or amend a zoning order of the Minister.

The OMB has indicated in one decision that, while it will not simply rubber stamp a Minister's zoning order, it will also not be quick to interfere with one.

Given the Minister's power to refuse to refer, and the OMB's power to dismiss without a hearing, should Council wish to apply for a revocation or amendment of the order, it is very important that the application be based upon sound land use planning grounds. In normal circumstances, before zoning is changed, City staff receive a planning application, analyse the implications of the application and report to Council. As there is no planning application and there was no advance notice of the Minister's zoning order, planning staff have not had an opportunity to receive or review any information on the implications of this land use change, particularly traffic. It should be noted that the Racetrack is located within the Rexdale/Highway 27 Secondary Plan in the former Etobicoke Official Plan which contains provisions for the submission of traffic studies to assess the impact of proposals on existing traffic constraints. Should Council wish to consider applying for a revocation or amendment of the zoning order, Council should direct appropriate staff to analyse the implications of the zoning order and report to the Urban Environment and Development Committee upon completion of the analysis.

It should be noted that the site is under site plan control; however, any planning concerns which may be addressed by the City through the site plan control process would not provide the basis for an application to amend or revoke the zoning order.

Conclusions:

Should Council wish to consider applying to the Minister for a revocation of the Minister's zoning order, Council should direct appropriate staff to analyse the planning implications of the zoning change and to report to the Urban Environment and Development Committee upon completion of this analysis.

Contact Name:

Wendy Walberg, 392-8078.

(A copy of the document "Regulations Made Under the Planning Act" which was appended to the foregoing report, has been forwarded to all Members of Council with the agenda for the January 11, 1999 meeting of the Urban Environment and Development Committee, and a copy thereof is also on file in the office of the City Clerk.)

(City Council on February 2, 3 and 4, 1999, had before it, during consideration of the foregoing Clause, the following communication (January 12, 1999) from Mayor Lastman, addressed to the Minister of Municipal Affairs and Housing:

I am writing to you to express my personal disappointment over your recent decision to invoke a Ministerial Zoning Order to allow up to 2,000 slot machines at Woodbine Racetrack.

You are acting against the will of 2.3 million citizens in the City of Toronto. You are turning Woodbine into a full-fledged Casino. You have ignored the City of Toronto's rejection of the slots and refusal to issue a building permit.

Referenda across the City during the last election showed more than 67 percent of our people oppose establishment of Casinos of any kind. That's a definitive statement from our people and one, that our Council has rigorously supported.

Yesterday, our Urban Environment Committee passed a motion which, in essence, asks our Council to "frustrate the will of the minister who has frustrated the will of the people."

I implore you to leave Toronto alone, revoke this zoning order and recognize the will of our people of Toronto. If not, I am confident Council will use every avenue available to block this unwanted intrusion.

No means no, Mr. Minister.)

(City Council, also had before it, during consideration of the foregoing Clause, the following communication (January 14, 1999) from Councillor Joe Pantalone, Chair, Urban Environment and Development Committee, addressed to the Minister of Municipal Affairs and Housing:

At its meeting on January 11, 1999, the Urban Environment and Development Committee gave consideration to the attached joint report (December 29, 1998) from the City Solicitor and the Commissioner of Urban Planning and Development Services respecting the Minister's Zoning Order with respect to Woodbine Racetrack Lands.

The Committee recommended that Council at its next meeting on February 2, 1999, authorize the City Solicitor to seek revocation of this order and requested staff to report directly to Council with a further report on this matter.

In addition, the Committee also invited you, Mr. Minister, to appear before City Council on February 2, 1999 to justify your Zoning Order with respect to the Woodbine Racetrack lands.

Please advise me whether your schedule permits you to accept the Committee's invitation to address Council when this matter is discussed.

I look forward to hearing from you.)

(City Council also had before it, during consideration of the foregoing Clause, a confidential report (January 25, 1999) from the City Solicitor, such report to remain confidential in accordance with the Municipal Act.)

(City Council also had before it, during consideration of the foregoing Clause, the following communications:

(i)(February 1, 1999) from Mr. David S. Willmot, President, The Ontario Jockey Club, regarding the operation of slot machines at the Woodbine Racetrack; and

(ii)(February 2, 1999) from Mr. Jim Ormiston, The Ontario Jockey Club, expressisng support for the installation of slot machines at Woodbine Racetrack.)

6

Proposed Eastbound and Westbound Left Turn Prohibitions

During the Weekday Afternoon Peak Period at

Bathurst Street and College Street

(Wards 20 and 24 - Trinity-Niagara and Downtown)

(City Council on February 2, 3 and 4, 1999, adopted this Clause, without amendment.)

The Urban Environment and Development Committee recommends the adoption of the following report (December 22, 1998) from the General Manager, Transportation Services:

Purpose:

To introduce eastbound and westbound left-turn prohibitions on College Street at Bathurst Street to decrease delays to transit vehicles.

Funding Sources:

The funds associated with the proposed eastbound and westbound left-turn prohibition will be contained in the Transportation Services Division 1999 Current Estimates. The estimated cost of this work is $1,000.00.

Recommendations:

It is recommended that:

(1)eastbound and westbound left turns be prohibited on College Street at Bathurst Street from 4:00 p.m. to 6:00 p.m, Monday to Friday; and

(2)the appropriate by-law(s) be amended accordingly.

Background:

In response to a request from the Toronto Transit Commission (TTC), Transportation staff reviewed the feasibility of prohibiting eastbound and westbound left turns during the weekday afternoon peak period (4:00p.m. to 6:00 p.m., Monday to Friday) at Bathurst Street and College Street.

Discussion:

The intersection of Bathurst Street and College Street is controlled by traffic signals which operate with a transit priority feature. The TTC operates the 506 Carlton streetcar service with headways of approximately 4 ½ minutes during the weekday afternoon peak period. According to the TTC, these streetcars carry a combined ridership of approximately 1,100 passengers per hour in the afternoon.

Our field observations confirmed that left-turning vehicles do contribute to delays experienced by eastbound and westbound streetcars during the afternoon peak period. These delays can be as long as 3 ½ minutes.

The potential benefits associated with prohibiting eastbound and westbound left turns during the weekday afternoon peak period would be decreased delay to east-west streetcar service and decreased delay to east-west private vehicles.

The potential disadvantage of this proposal is the redirection of approximately 200 westbound left-turning and 80 eastbound left-turning vehicles away from this intersection during the two-hour period. These motorists would likely use local roadways such as Palmerston Boulevard and Markham Street to access Bathurst Street. Also, some of the reduction in east-west delay would be offset as more through motorists would use the streetcar lane knowing that they would not be blocked by a left-turning vehicle.

We have consulted with the Ward Councillors for this area. Councillor Pantalone is in favour of reducing transit delay, Councillor Silva is concerned with potential traffic infiltration, Councillors Chow and Rae have expressed no position on the matter.

Conclusion:

Based on the above-noted results, we would have no objection to prohibiting eastbound and westbound left turns during the weekday afternoon peak period at this intersection because it would improve the level of service for streetcars. However, we have concerns with the redirection of approximately 280 motorists who would likely use local roadways near this intersection to access Bathurst Street and we would propose that the overall impacts be carefully monitored and further reports be brought forward as deemed necessary.

Contact Name:

Jacqueline White

Manager, Traffic Operations, District 1

416-397-5021

7

Lawrence Avenue Bridge over the Humber River

east of Scarlett Road, Structure Rehabilitation,

Contract No. T-30-99, Tender No. 145-1998

(City Council on February 2, 3 and 4, 1999, adopted this Clause, without amendment.)

The Urban Environment and Development Committee recommends the adoption of the following joint report (December 17, 1998) from the Chief Financial Officer and Treasurer and the Commissioner, Works and Emergency Services:

Purpose:

The purpose of this report is to advise the results of the Tender issued for the structure rehabilitation on the Lawrence Avenue Bridge over the Humber River in accordance with specifications as required by the Works and Emergency Services Department and to request authority to issue a contract to the recommended bidder.

Source of Funds:

The Works and Emergency Services Department's 1999 - 2003 Capital Works Program Estimates includes an amount of $15,656,000.00 gross, $12,402,000.00 net under Project No. C-TR055, Bridge Reconstruction Program. Contract No. T-30-99 forms part of that program, and the estimated total project cost including contingencies and supervision is $2,255,600.00 gross, $1,898,300.00 net. Approximately $357,300.00 is recoverable from Bell Canada, Enbridge Consumers Gas and Economic Development, Culture and Tourism.

Recommendations:

It is recommended that:

(1)Contract No. T-30-99, Tender No. 145-1998, for the structure rehabilitation on the Lawrence Avenue Bridge over the Humber River, east of Scarlett Road, be awarded to Soncin Construction Corporation in the total amount of $1,915,530.26 including all taxes and charges, being the lowest tender received; and

(2)the appropriate City of Toronto officials be directed to take necessary action to give effect thereto.

Council Reference:

The Bid Committee at its meeting held on November 10, 1998 opened the following tenders for Contract No. T-30-99, Tender No. 145-1998, for the rehabilitation of the Lawrence Avenue Bridge over the Humber River:

Price Complete

Including All

TendererCharges and Taxes

Soncin Construction Corporation$1,915,530.26

Toronto Zenith Contracting Limited$1,982,032.16

Graham Bros. Construction Limited$2,117,737.29

Bridgecon Construction Ltd.$2,147,329.46

Grascan Construction Ltd./Torbridge Construction Ltd.$2,235,482.41

G. Tari Limited$2,244,912.86

Dagmar Construction Inc.$2,266,068.48

Brennan Paving & Construction Ltd.$2,279,112.10

Underground Services (1983) Ltd.$2,417,502.36

Tenders submitted by Soncin Construction Corporation, Dagmar Construction Inc., and Brennan Paving & Construction Ltd. contained minor errors in the extension of the unit prices. The revised figures are shown above.

Comments, Discussion and Justification:

Work in this contract comprises the rehabilitation of the Lawrence Avenue Bridge over the Humber River. The work includes the replacement of pavement surface, concrete deck and supporting beams, the repair and modification of the pier and abutments, and the construction of a pedestrian/bicycle path below the structure.

This length of the Humber River is classified as a warm water fish habitat as defined by the Federal Department of Fisheries and Oceans. Work above or within the watercourse is governed by the Toronto Region and Conservation Authority guidelines which state that "no watercourse disturbances are permitted between April 1st and June 30th." In order that all protection for the river be installed prior to the April 1st deadline, and to ensure the work is completed within the 1999 construction season, it is imperative that this tender be approved at the February 2nd, 1999 meeting of Council, simultaneously with the approval of the 1999-2003 capital budget; Contract No. T-30-99 forms part of the Bridge Reconstruction Program, Project No. C-TR055.

The tender document submitted by the recommended bidder has been reviewed by the Commissioner of Works and Emergency Services, and was found to be in conformance with the tender requirements.

The Manager, Fair Wage and Labour Trades Office has reported favourably on the firm recommended.

Conclusion:

This report requests authority to issue a contract for the rehabilitation of the Lawrence Avenue Bridge over the Humber River in accordance with specifications to Soncin Construction Corporation who submitted the lowest price bid for this Contract.

Contact Name and Telephone Number:

M. Chung, P. Eng.

Manager, Structures and Expressways, Metro Hall Office

Telephone: 392-8341

8

Proposed Amendments to By-laws

Concerning Snow Emergency Periods

(City Council on February 2, 3 and 4, 1999, amended this Clause by adding thereto the following:

"It is further recommended that the Commissioner of Works and Emergency Services be requested to submit a report to the Urban Environment and Development Committee on the concept of seeking authority to deputize Toronto Transit Commission vehicle operators and/or inspectors during snow emergency situations, in order to allow them to act as temporary parking enforcement officers with the authority to ticket and tow vehicles which are blocking TTC vehicles.")

The Urban Environment and Development Committee recommends the adoption of the report (January 8, 1999) from the Commissioner of Works and Emergency Services.

The Urban Environment and Development Committee reports, for the information of Council, having requested the Commissioner of Works and Emergency Services to report directly to Council for its meeting on February 2, 1999 on whether fines should be increased to assist in more effective snow removal, and address the issue of including a provision for car removal if necessary.

The Urban Environment and Development Committee submits the report (January 8, 1999) from the Commissioner of Works and Emergency Services:

Purpose:

To amend former Metropolitan Toronto By-law No. 148-70, former City of Toronto Municipal Code, Chapter 400, and former Borough of East York By-law No. 1-88 to allow the Mayor more discretion with respect to the declaration of snow emergency conditions and to provide for the extension of snow emergency periods, as required.

Funding Sources:

There are no funding requirements associated with this report.

Recommendations:

It is recommended that:

(1)the former Metropolitan Toronto By-law No. 148-70, which regulates traffic on certain highways during periods of emergency occasioned by the fall of snow, be amended as follows:

A.by inserting a new Section 2.1 following Section 2, as follows:

"2.1Despite Section 2 of this By-law, the Mayor may declare that an emergency condition exists on any highway set out in Schedule "A" to this By-law when such a significant amount of snow has fallen that the clearing of snow from the highway is impeded by traffic and parking on the highway.";

B.by inserting a new Section 3.1 following Section 3, as follows:

"3.1The declaration of the emergency condition as provided for in Section 3 can be extended by the Mayor for any further period of time required for clearing snow from the highway."; and

C.by replacing the phrase "Chairman of the Metropolitan Council" where it appears in the By-law with the word "Mayor";

(2)Section 400-44 of the former City of Toronto Municipal Code, Chapter 400, Traffic and Parking, be amended by inserting a new Subsection A.1 after Subsection A, as follows:

"A.1The declaration of the emergency condition as provided for in Subsection A can be extended by the Mayor for any further period of time required for clearing snow from the highway.";

(3)the former Borough of East York By-law No. 1-88, which regulates traffic on certain highways during periods of emergency occasioned by the fall of snow, be amended as follows:

A.by inserting a new Section 2.1 following Section 2, as follows:

"2.1Despite Section 2 of this By-law, the Mayor may declare that an emergency condition exists on any highway set out in Schedule "A" to this By-law when such a significant amount of snow has fallen that the clearing of snow from the highway is impeded by traffic and parking on the highway."; and

B.by inserting a new Section 3.1 following Section 3, as follows:

"3.1The declaration of the emergency condition as provided for in Section 3 can be extended by the Mayor for any further period of time required for clearing snow from the highway."; and

(4)that the appropriate City officials be authorized and directed to take whatever action is necessary to give effect to the foregoing, including the introduction in Council of any Bills that are required.

Background:

Former Metropolitan Toronto and former Borough of East York By-laws dealing with snow emergencies provide that an emergency condition shall or may be declared on certain designated highways when there has been a fall of snow of eight (8) centimetres or more in the eight-hour period preceding such declaration.

Also, former Metropolitan Toronto, former City of Toronto, and former Borough of East York By-laws state that the declaration of a snow emergency condition shall create an emergency situation for a period of seventy-two (72) hours. Such emergency periods are to be terminated earlier, by declaration, if the snow has been cleared from the roadway. However, these By-laws do not provide for the snow emergency period to be extended beyond the 72 hour period, if required.

Discussion:

During the recent record snowfall which occurred on January 2 and 3, 1999 in the City of Toronto, road maintenance and contracted staff worked around the clock but were unable to keep up with demand and clear roadways of snow within the prescribed 72 hour period. The eight centimetre snowfall in an eight-hour period requirement as provided for in the former Metropolitan Toronto and former Borough of East York By-laws precluded the City from declaring a new snow emergency condition. The inability to extend the snow emergency period beyond 72 hours or to declare a new snow emergency condition hampered the City's snow-clearing efforts as parked vehicles which impeded snow clearing and removal operations could no longer be tagged and towed. A future report which will consolidate the current by-laws and add more roads to the By-law schedule will be prepared for Council consideration.

Conclusions:

Amending former Metropolitan Toronto By-law No. 148-70, Section 400-44 of the former City of Toronto Municipal Code, Chapter 400, and former Borough of East York By-law No. 1-88, to provide the Mayor more discretion with respect to the declaration of snow emergency conditions and to provide for the extension of snow emergency periods will allow for more efficient snow clearing and removal operations under exceptional circumstances.

Contact Names and Telephone Numbers:

Sandra Burk

Traffic Assistant

Telephone: 392-8750

Fax: 392-4426

Belinda Brenner

Solicitor, Legal Services

Telephone: 392-8357

Fax: 392-3848

(City Council on February 2, 3 and 4, 1998, had before it, during consideration of the foregoing Clause, the following communication (January 28, 1999) from Councillor Mario Silva, Trinity-Niagara:

Attached to this memorandum is a motion that I intend to move that is directly related to the aforementioned item already before City Council on February 2, 1999.

I am sure that my concerns about private sector snowplow operators are shared by many Councillors. The subject matter and possible solutions are clearly defined in the motion. Thanking you in advance for your consideration of it.

--------

WHEREAS some private sector snowplow operators continue to dump snow from commercial and residential lots into streets in contravention of existing by-laws;

AND WHEREAS the blocking of streets by this activity creates a serious public safety hazard by making it difficult for emergency vehicles to pass, and leaving the City potentially liable for accidents incurred by pedestrians and vehicles;

AND WHEREAS this activity creates additional cleanup costs for the City who must clear or haul away this snow;

AND WHEREAS many of these operators work after commercial hours and through nights, making it difficult for the City's By-law officers to regulate their activity;

AND WHEREAS current by-laws only allow the City to charge the snowplow operators and not the property owners for the hazards created by their private contractors;

THEREFORE BE IT RESOLVED THAT Council undertake the following steps to deal with this matter:

The review and creation of a special after-hours By-law Enforcement Team to administer to these snowplow operators.

The review and creation of by-laws permitting the City to charge property owners as well as the snowplow operators for creating these hazards.

The review and implementation of a billing mechanism for recovering the costs incurred by the City for cleaning up after these operators.)

(City Council also had before it, during consideration of the foregoing Clause, the following report (January 21, 1999) from the Commissioner of Works and Emergency Services:

Purpose:

To provide supplementary information to Council on whether fines should be increased and the issue of including a provision for car removal.

Funding Sources, Financial Implications and Impact Statement:

There are no financial requirements associated with this report.

Recommendation:

This report be received for information.

Background:

At its meeting on January 11, 1999, the Urban Environment and Development Committee recommended to Council for its meeting on February 2, 1999:

(1)the adoption of the Commissioner of Works and Emergency Services report dated January9, 1999 which recommended numerous changes to the current By-laws concerning Snow Emergency periods; and

(2)requested the Commissioner of Works and Emergency Services to report directly to Council for its meeting on February 2, 1999 on whether fines should be increased to assist in more effective snow removal, and address the issue of including a provision for car removal if necessary.

Discussion:

As indicated in the report dated January 9, 1999 the proposed amendments to current By-laws concerning Snow Emergency Periods are an interim measure to provide an immediate fix to certain limitations of the current by-laws. A future report will consolidate the by-laws and address outstanding issues such as additional roads which should be included in the by-law and a process to deal with on-street residential parking.

With respect to the penalty provisions of the existing by-laws, and the provision for car removal, the existing by-laws are satisfactory for the streets contained in the by-law schedules. Once the snow emergency is declared, all streets listed in the schedules (and properly signed) are governed by a no parking/no standing regulation. This allows vehicles which are in violation of the regulation to be tagged and towed in the normal manner. The initial fine for a parking/standing violation under the by-laws is $40.00 escalating to a maximum of $80.00 if not paid within thirty-seven days. This penalty is commensurate with the offence considering that the total costs are much higher if the vehicle is also towed to a pound. The cost of a tow varies between $40.00 and $80.00 depending on the area, and the pound storage fee is up to $16.00 per 24 hour period. A drop charge of 50percent of the tow fee is another possible cost.

Conclusions:

The amendments proposed to former Metropolitan Toronto by-law No. 148-70, Section 100-44 of the former City of Toronto Municipal Code Chapter 400, and former Borough of East York By-law No.1-88 will provide immediate advantages for any snow clearing emergency in the new term. A consolidated by-law including further improvements will be presented to Council in the future.

Contact Name:

Sandra Burk, Traffic Assistant, Transportation Services

392-8750.)

9

Toronto Transit Commission's 1999 Service Plan

- Results of Consultation

(City Council on February 2, 3 and 4, 1999, adopted this Clause, without amendment.)

The Urban Environment and Development Committee recommends that the Commissioner of Works and Emergency Services be authorized to undertake a study with respect to the Toronto Transit Commission's request outlined in point 5 of the communication dated November 20, 1998, from the General Secretary, Toronto Transit Commission, which reads:

"Request the City of Toronto to take the steps necessary to build a bus driveway connecting Richview Road to Eglinton Avenue, because this connection is needed to introduce the 73 Royal York service on La Rose Avenue and Richview Road, as described in this report, and to respond on this matter to the Commission by March 1, 1999."

and report thereon to the Toronto Transit Commission.

The Urban Environment and Development Committee reports, for the information of Council, having:

(1)requested the Toronto Transit Commission to maintain the status quo with respect to the 74Mt. Pleasant route pending further consultation with the Ward Councillors and requested that this matter be reconsidered at its January 13, 1999 meeting; and

(2)requested staff from the Toronto Transit Commission to meet with affected Ward Councillors to consider alternatives.

The Urban Environment and Development Committee submits the report (November 20, 1998) from the General Secretary, Toronto Transit Commission:

At its meeting on November 18, 1998, the Commission considered a report dated November 18, 1998, entitled "1999 Service Plan - Results of Consultation."

The Commission approved Recommendation Nos. 1, 4, 5 and 6 contained in the above report, as listed below:

(1)Approve the introduction of the following service changes for a trial period, beginning on February 14, 1999, noting that no comments were received in opposition to these changes:

-160 Bathurst North - Removal of late evening service

-307 Eglinton West - New overnight service to Pearson Airport

-309 Finch West - New overnight service to Humberwood Loop

-83 Jones - New Saturday service

-74 Mt. Pleasant - New Monday-Friday evening service

-131 Nugget - New Sunday and holiday service

-Rustic Road and Falstaff Avenue - New service

-86 Scarborough - Removal of non-summer weekend service to Toronto Zoo

-85 Sheppard East - Direct service east of Meadowvale Road on weekends

-53 Steeles East - New service on Elson Street east of McCowan Road

-168 Symomgton - New service on Weston Road to West Park Hospital

-168 Symington - Removal of late evening service north of St. Clair Avenue

-319 Wilson - New overnight service on Martin Grove Road north of Finch Avenue

-165 Weston Road North - New Sunday and holiday late evening service to Finch Avenue.

(4)Note that the following proposals for service changes, which had not been recommended in the 1999 service plan, have been re-evaluated by staff at the request of City Councillors, and are still not recommended:

-51 Leslie - Sunday service

-Rivalda Road - Service north of Bradstock Road

(5)Request the City of Toronto to take the steps necessary to build a bus driveway connecting Richview Road to Eglinton Avenue, because this connection is needed to introduce the 73Royal York service on La Rose Avenue and Richview Road, as described in this report, and to respond on this matter to the Commission by March 1, 1999.

(6)Forward this report to the City of Toronto, all City Councillors, and the Town of Markham."

The Commission approved Recommendation No. 2, subject to the following amendments:

-Referring the proposed service change concerning the 49 Bloor West and 50 Burnhamthorpe back to staff to investigate the alternative options suggested by the deputants, with the local area councillors to be included in any discussions which take place in this regard, and further that "one way" bus service on Markland Drive be a condition of any options that are investigated.

-Deferring consideration of the proposed service change for the 115 Silver Hills to permit Councillor Flint an opportunity to appear before the Commission on this matter;

so such recommendation reads, as follows:

(2)Approve the introduction of the following service changes for a trial period, beginning on February 14, 1999, or as soon thereafter as possible following road changes, noting that comments of varying degrees of opposition to the changes were received, as described in this report:

-12 Kingston Road - Removal of service east of St. Clair Avenue

-74 Mt. Pleasant and 103 Mt. Pleasant North - Combination into one route and new service on Merton Street (with temporary operation on Davisville Avenue until required road changes are made on Merton Street)

-73 Royal York - New Service on La Rose Avenue and Richview Road (road changes required)

-76 Royal York South - New service on Grand Avenue

-88 South Leaside - Removal of Saturday evening service to Thorncliffe Park

-68 Warden - Extension to Steeles Avenue.

The Commission amended Recommendation No. 3 by striking out the Recommendation and replacingtherein the following:

(3)That staff be directed to proceed with the original proposal for the 80 Queensway service, as detailed in the 1999 Service Plan, and that commencement of this service be deferred for one Board Period; and further that in the interim TTC staff meet with the local area councillors and City Transportation staff in an effort to resolve the issue of bus stops on Lake Shore Boulevard.

In approving Recommendation No. 5 noted above, it is hereby requested that the City of Toronto take the necessary steps to build a bus driveway connecting Richview Road to Eglinton Avenue, as this connection is needed to introduce the 73 Royal York service on La Rose Avenue and Richview Road, as described in the report, and further that the City of Toronto respond on this matter to the Commission by March 1, 1999.

The foregoing is forwarded to the City of Toronto Urban Environment and Development Committee for necessary action, as well as, all Toronto City Councillors and the Town of Markham for information.

--------

The Urban Environment and Development Committee also had before it the following reports/communications, which was forwarded to all Members of Council with the agenda of the Urban Environment and Development Committee for its meeting on January 11, 1999, and a copy thereof is on file in the office of the City Clerk:

-(November 18, 1998) titled "1999 Service Plan - Results of Consultation", appended to the report (November 20, 1998) from the General Secretary, Toronto Transit Commission; and

-(January 11, 1999) from Andrew Schulz

The following persons appeared before the Urban Environment and Development Committee in connection with the foregoing matter:

-Councillor Adams; and

-Councillor Walker

10

Other Items Considered by the Committee

(City Council on February 2, 3 and 4, 1999, received this Clause, for information.)

(a)Final Recommendation Report - Zoning Amendment Application - Humber River Regional Hospital, 200 Church Street - File Udz-98-05/r98-002 (Ward 6 - North York Humber; Ward 27 - York Humber).

The Urban Environment and Development Committee reports having:

(1)cancelled the Public Meeting that had been scheduled for January 11, 1999 to consider the amendment of the zoning by-law to permit additions on the north and south sides of the existing hospital at 200 Church Street pursuant to the Planning Act;

(2)deferred consideration of this matter until such time that community meetings have been held at the York Civic Centre and in North York (location to be determined);

(3)requested that recommendations, communications and deputations emanating from the community meetings referred to in the foregoing point be forwarded to the Urban Environment and Development Committee for consideration at the Statutory Public Meeting to be held pursuant to the Planning Act on this matter for which notice will be given; and

(4)requested the Chair to poll the six Ward Councillors to determine whether the statutory Public Meeting be held in the evening.

(i)(December 18, 1998) from the Commissioner of Urban Planning and Development Services recommending that the rezoning application for 200 Church Street be approved subject to conditions.

(ii)(November 30, 1998) from Councillor Sgro, addressed to the President and C.E.O., Humber River Regional Hospital

(iii)(December 24, 1998) from Mr. Sam Gildharry

(iv)(Undated) from Ms. Florence Nightingale

(v)(December 29, 1998) from J.M. Darvill, P.Eng.

(vi)(December 29, 1998) from Ms. Myrna and Mr. Jim Geldart

(vii)(January 4, 1999) from the Manager, Development Services, North District

(viii)(January 4, 1999) from Mr. Sam Gildharry

(ix)(Undated) from Mr. J. Doyle

(x)(Undated) from Jack and Carole Doyle

(xi)(Undated) from E. Windsor

(xii)(January 7, 1999) from Carley R. Sala, Weston Ratepayers and Residents Association

(xiii)(January 11, 1999) from Councillor Sgro

(b)Request for Installation of Traffic Control Signals - Pharmacy Avenue and Dewey Drive - (Ward 14 - Scarborough Wexford).

The Urban Environment and Development Committee reports having referred the following matter to the Scarborough Community Council for consideration at its meeting on February 17, 1999.

(i)(December 8, 1998) from the General Manager, Transportation Services, reporting on the results of the traffic signal warrant studies conducted at Pharmacy Avenue and Dewey Drive, and recommending that this report be received for information.

(ii)(November 3, 1998) from Councillor Norm Kelly, Scarborough Wexford, advising that the request for traffic control signals at the intersection of Pharmacy Avenue and Dewey Drive is in response to heavy traffic on Pharmacy Avenue, which places children at risk going to the Maryvale Public School; and submitting a copy of a communication dated October 26, 1998, prepared by Transportation staff in this regard.

(iii)(January 8, 1999) from Councillor Norm Kelly, Requesting that this matter be deferred to a future meeting.

(c)Road Closure - Longview Drive South of Pelmo Crescent, Woodward Avenue East of Pine Street and Woodward Avenue West of Uphill Avenue - (Ward 27 - York Humber North York).

The Urban Environment and Development Committee reports having deferred consideration of the following report for consideration at the same meeting at which the statutory Public Meeting with respect to the Zoning Amendment Application - Humber River Regional Hospital is considered.

(December 24, 1998) from the Director, Transportation Services - District 3, Works and Emergency Services, recommending that Council:

(1)close and sell 15.5 metres (50.85 feet) of the southerly portion of Longview Drive to Humber River Regional Hospital;

(2)close and sell 18.5 metres (60.70 feet) of Woodward Avenue east of Pine Street to Humber River Regional Hospital; and

(3)close and sell 15 metres (50 feet) of Woodward Avenue west of Uphill Avenue to Humber River Regional Hospital.

(d)A Rapid Transit Connection Between Pearson International Airport And Union Station.

The Urban Environment and Development Committee reports having:

(1)deferred consideration of the report (January 7, 1999) from the Commissioner, Urban Planning and Development Services; and

(2)requested the Chair to immediately write to the Honourable David Collonette, Minister of Transport and invite him to make a presentation to the Committee on this matter at its next meeting on February 8, 1999.

(i)(November 27, 1998) from the Commissioner of Urban Planning and Development Services, recommending that consideration of this matter be deferred until the Urban Environment and Development Committee meeting in January 1999 in order to allow additional time for responses from the Provincial and Federal Governments.

(ii)(January 7, 1999) from the commissioner of Urban Planning and Development Services recommending that Council receive this report for information.

(iii)(October 9, 1998) from the City Clerk, addressed to the Minister of Transportation, forwarding a copy of Clause No.1 of Report No.10 of The Urban Environment and Development Committee, headed "A Rapid Transit Connection Between Pearson International Airport and Union Station", which was adopted, as amended, by the Council of the City of Toronto at its meeting held on October1and2, 1998; and drawing the Minister's attention to the amendment by Council found at the beginning of the Clause, viz:

"It is further recommended that:

(1)the federal Minister of Transportation be invited to make a presentation respecting this matter to the next meeting of the Urban Environment and Development Committee to be held on November2, 1998; and

(2)the Commissioner of Urban Planning and Development Services be requested to submit a report to Council in November 1998, if possible, or in December 1998, with an update on whether there has been any movement from the provincial or federal governments with respect to the foregoing matter, so that Council can be informed on the progress of this project."

(e)Settlement of Claim, Contract No. T-51-93 - Don Valley Parkway at Chester Hill Road, Slope Stabilization and Soldier Pile Retaining Walls.

The Urban Environment and Development Committee reports having:

(1)requested that the confidential report (December 1, 1998) from the General Manager, Transportation Services, be forwarded, without recommendation, to the Strategic Policies and Priorities Committee for consideration as an in-camera item; and

(2)requested the Commissioner of Works and Emergency Services to submit a further in-camera report to the Strategic Policies and Priorities Committee providing additional information on this matter, and including the earlier report which was submitted to the former Metro Toronto Council.

(i)(December 1, 1998) from the General Manager, Transportation Services

(ii)(January 8, 1999) from the City Solicitor

Respectfully submitted,

JOE PANTALONE

Chair

Toronto, January 11, 1999

(Report No. 2 of The Urban Environment and Development Committee, including additions thereto, was adopted, as amended, by City Council on February 2, 3 and 4, 1999.)