| |
|
Vending on Major Arterial Roads
(Former Metro Roads).
The Urban Environment and Development Committee recommends the adoption of the report (January 22, 1998) from the Interim Functional Lead for Transportation, subject to amending Recommendation No. (2) by adding the words "Parts (II), (III) and (IV) of" before the words "Attachment "A""; so that Recommendation No. (2) shall read as follows:
"(2) the vending locations listed in Parts (II), (III) and (IV) of Attachment AA@ be deleted from the inventory of sidewalk/boulevard vending spaces; and".
The Urban Environment and Development Committee reports, for the information of Council, having:
(a) referred Part (I), entitled "Sites With Criteria Conflict", of Attachment "A" to the report (January 22, 1998) from the Interim Functional Lead for Transportation (i.e., vending locations Nos. (7), (17), (18), (35), (81) and (110)) to the Road Allowance Sub-Committee for individual review and possible site visits;
(b) referred the vending locations identified by the Bloor-Yorkville Business Improvement Area (i.e., Nos. (12), (19), (34) and (50)) to the Road Allowance Sub-Committee with a request that public hearings be held thereon prior to the 1998 lottery draw; and
(c) requested the Interim Lead for Transportation:
(i) to assign enforcement staff to stringently enforce vending in the Club/Entertainment District, particularly after 10:00 p.m.;
(ii) to review vending within the Club/Entertainment District in order to identify additional legal vending sites, and that these additional sites be distributed to vendors on the lottery draw waiting list; and
(iii) to submit a report to the Road Allowance Sub-Committee on the integration, in the long-term, of the two methods of allocating sidewalk/boulevard vending locations (i.e., the first come, first served method and the lottery draw method).
The Urban Environment and Development Committee submits the following report (January 22, 1998) from the Interim Functional Lead for Transportation:
Purpose:
To obtain approval to continue the current vendor lottery process in order to allocate the designated sidewalk/boulevard vending locations on major arterial roads (former Metro roads).
Funding Sources, Financial Implications and Impact Statement:
The vending system on the major arterial roads (former Metro roads) is designed to be financially self-supporting on the basis of the associated fees.
Recommendations:
It is recommended that:
(1) the current method of allocating sidewalk/boulevard vending spaces on major arterial roads (former Metro roads) by lottery be continued for another three-year term, subject to an annual review of vending allocation policies and fees as outlined in this report;
(2) the vending locations listed in Attachment "A" be deleted from the inventory of sidewalk/boulevard vending spaces; and
(3) the appropriate by-laws be amended accordingly.
Background:
Since 1991, vending locations established on sidewalks or boulevards on the former Metro road system have been nominated (subject to confirmation by Council after consultation with affected parties, such as abutting owners) by staff and allocated by lottery draw. This process has worked efficiently and has been accepted by the vending industry as a fair and equitable method to allocate vending spaces.
From 1991 through to 1995, the lottery draw was held every two years. Commencing in 1995, Council approval was granted to hold the draw every three years. The vendor lottery draw is scheduled to be held in 1998 prior to the expiry date of the current permits, April 30, 1998.
Comments:
At the present time, there are a variety of vending systems in place. For example, vending locations on roads that were under the jurisdiction of the former City of Toronto are allocated on a first come, first served basis and the applicant submits a location for consideration. Vending locations on major arterial roads are determined by staff of the Transportation Department, confirmed by Council and allocated by lottery draw. In addition, there is a range of fees for vending within the new City of Toronto.
Amendments to Site Inventory:
At the present time 129 sidewalk/boulevard vending locations are designated on major arterial roads, with 99 sites located within the former City of Toronto and 30 in the other former municipalities. The establishment of vending locations in the suburban areas has not been very successful. For example, seven locations are designated in the Etobicoke district and no permits were issued for these sites in 1997 due to lack of interest by the vendors.
Since most of these locations were established prior to 1991, a review of each location has been carried out to ascertain their viability.
The review has revealed that some locations have been dormant for a long period of time, others have been tried and rejected numerous times and others are now in violation of the site approval criteria. The reason for the continuous returning of some sites is due to insufficient business. The sites that now fail to meet the site criteria are as a result of building modifications made by abutting property owners, in particular, the relocating of entrance ways or display windows to a position directly in front of the vending location.
It is very costly to issue and re-issue permits numerous times. Each time a permit is returned, records must be updated and a refund cheque prepared and mailed to the applicant. Also, the permit fee is $3,000.00 annually and the vendor expects to be able to recoup his costs and make a reasonable profit.
It is a benefit to vendors and to the City not to allocate vending locations that we know will not provide a satisfactory level of business for the vendor. It is, therefore, recommended that the vending locations listed in Attachment "A" be deleted from the current inventory of sites. Following deletion of these sites, there will be a total of 78 spaces available for the lottery.
Lottery Process for Site Allocation:
As indicated previously, there are several different ways of acquiring a vending spot in the new City of Toronto. In the former City of Toronto area, a vending space on a local road is awarded on a first come, first served basis. The space occupancy permit is renewed annually, and unless the vendor fails to renew it, it is essentially a space for life. On the former Metro road system (arterials), a vending space has been allocated for a three-year period using a lottery process. The spaces are proposed by staff in consultation with vendor representatives and confirmed by Council. One of the basic distinctions between these two methods of allocating vending licenses is that the lottery system allows vendors a chance to gain entry to the industry in spots which would not otherwise be available under the first come, first served system. However, with the lottery system, an existing vendor will likely lose the space at the end of the three-year term, and since there are always more names in the lottery than there are spaces, may not be able to continue in business. In the former municipality of North York, vending permits are provided on a first come, first served basis for a three-year period.
Staff is considering the pros and cons of each space allocation system and other options for allocation, in the context of a review of all by-laws in the amalgamated city. Furthermore, the fees are being reviewed for harmonization. It is expected that these reviews will not be complete for some time and, in the meantime, a number of vendors, existing and new, have prepared themselves for the lottery process for spaces on the former Metro road system. Since the cost of acquiring the necessary start-up hardware and credentials is substantial, a three-year permit period seems reasonable. To allow for possible changes as a result of the amalgamation reviews, the permit should be reviewed annually on the permit anniversary date. If a preferred allocation system and/or a revised fee schedule is determined by this date, the processes and fees can be amended at that time. In this regard, the existing by-law stipulates that Apermits shall be for a term of one year, and may be renewed by the permit holder for two additional one-year terms, provided that no permit shall be valid beyond April 30 of the third year following the lottery draw . . . .@
Conclusions:
The lottery draw method for allocating vending spaces has been successful since 1991 and the vending industry is satisfied with this method. Furthermore, many vendors have made a significant investment with anticipation of securing a viable site for a three-year period to recoup their costs and to make a reasonable profit. It is, therefore, recommended that the lottery draw be held in 1998 and that those non-viable vending locations listed be deleted from the current inventory of sites.
Contact Name:
Mr. Ron Rout, Transportation Department, Road Allowance Control Section, 392-5365.
CCCC
Attachment "A"
(I) Sites With Criteria Conflict:
( 7) Bloor Street East North Side 35.59 M East of Yonge Street
( 17) Bloor Street West North Side 16.24 M East of Bay Street
( 18) Bloor Street West North Side 43.94 M East of Bay Street
( 35) Bloor Street West North Side 18.06 M West of Yonge Street
( 81) University Avenue East Side 40.00 M North of Edward Street
(110) Adelaide Street West North Side 15.80 M West of Duncan Street
(II) Sites Not Issued During 1995, 1996, 1997:
( 4) Bloor Street East South Side 11.72 M West of Jarvis Street
( 20) Bloor Street West South Side 10.57 M East of Bedford Road
( 21) Bloor Street West South Side 13.82 M East of Devonshire Place
( 32) Danforth Avenue North Side 30.00 M West of DonlandsAvenue
( 54) Queen's Park Crescent West Branch 72.22 M North of Hoskin Avenue
( 74) University Avenue West Side 35.82 M North of Dundas Street West
( 91) University Avenue West Side 5.40 M South of Gerrard Street West
(106) Yonge Street East Side 25.22 M South of Wellington Street East
(303) The Queensway North Side 13.10 M East of Uno Drive
(304) The Queensway South Side 34.70 M East of Rothsay Avenue
(307) Dundas Street West North Side 21.50 M West of Burnhamthorpe Road
(308) Dundas Street West South Side 2.30 M East of Royal Avon Crescent
(412) Ellesmere Road South Side 8.50 M West of Neilson Road
( 84) University Avenue East Side 11.22 M North of Elm Street
(III) Sites Not Issued 1996, 1997:
( 33) Danforth Avenue South Side 85.22 M West of Greenwood Avenue
( 41) Danforth Avenue North Side 13.97 M West of Greenwood Avenue
( 61) Spadina Avenue East Side 10.26 M North of Lake Shore Boulevard
( 65) Spadina Avenue East Side 8.70 M South of Baldwin Street
( 85) University Avenue East Side 12.72 M North of Gerrard Street West
( 96) Yonge Street East Side 6.83 M North of S. Edge Granby Street
(104) York Street West Side 18.15 M North of Queen's Quay West
(107) Yonge Street East Side 10.02 M North of Wood Street
(201) Yonge Street East Side 52.50 M North of Bishop Avenue
(202) Yonge Street West Side 18.20 M North of Elmhurst Avenue
(214) Don Mills Road West Side 12.20 M North of Science Centre Driveway
(314) Burhamthorpe Road North Side 95.00 M West of The West Mall
(401) Warden Avenue East Side 14.00 M North of Bridletowne Circle
(IV) Sites Returned Two Times or More: Number
of Times
Returned
( 22) Bloor Street West South Side 30.00 M West of Bay Street 2
( 28) Bloor Street East North Side 6.86 M East of Park Road 2
( 46) Lakeshore Boulevard W. South Side 7.00 M East of Rees Street 2
( 58) Queen's Park West Side 12.92 M North of College Street 2
( 68) University Avenue East Side 14.00 M South of Pearl Street 2
( 76) University Avenue West Side 194.00 M N. of Queen Street West 2
( 92) University Avenue West Side 18.50 M N. of Wellington Street 2
(206) Yonge Street West Side 12.80 M N. of North York Blvd. 2
(209) Yonge Street West Side 13.40 M S. of Finch Avenue West 2
(306) Bloor Street West North Side 15.60 M West of Islington Avenue 2
(410) Morningside Avenue East Side 29.00 M N. of Lawrence Avenue 2
( 3) Bloor Street East South Side 9.45 M West of Church Street 3
( 8) Bay Street East Side 39.00 M N. of Queens Quay West 3
( 40) Dundas Street West South Side 43.18 M East of Bay Street 3
( 71) University Avenue East Side 28.00 M N. of Richmond Street W. 3
( 97) Yonge Street West Side 45.52 M N. of Queen Street West 3
(310) Dundas Street West South Side 11.80 M East of Subway Crescent 3
( 26) Bloor Street West South Side 133.50 M West of Queen's Park 4
CCCC
The Urban Environment and Development Committee reports, for the information of Council, also having had before it the following communications:
(i) (February 5, 1998) from Ms. Lisa McGee, General Manager, The Bloor-Yorkville Business Improvement Area, submitting correspondence from the owners of major properties within the Bloor-Yorkville BIA requesting that the following street vending locations be added to the list of locations proposed for deletion in Attachment "A" to the report dated January 22, 1998, from the Interim Functional Lead for Transportation, entitled "Vending on Major Arterial Roads":
- (12) Bloor Street West, south side, 13.40 metres west of Queen's Park (Royal Ontario Museum);
- (19) Bloor Street West, south side, 12.70 metres east of Bay Street (Manulife Centre);
- (34) Bloor Street West, south side, 10.15 metres east of Queen's Park Crescent (Club Monaco); and
- (50) Queen's Park, west side, 47.02 metres south of Bloor Street West (Royal Ontario Museum).
(ii) (January 26, 1998) addressed to the Bloor-Yorkville BIA from Ms. Ann Shaw, Senior Property Manager, Hudson's Bay Company, expressing concern regarding hot dog vendors on the street in the Bloor-Yorkville area.
(iii) (February 5, 1998) addressed to the Commissioner of Transportation from Mr. R. S. Saunderson, Bloor at Yonge Developers Inc., expressing concerns with, and objections to, the number of street vendors permitted on the north side of Bloor Street East directly in front of The Hudson's Bay Centre; and requesting that the number of street vendors be limited to one, and that the vendor be required to provide a new umbrella and to maintain such umbrella in good condition throughout the licensing period.
(iv) (February 6, 1998) from Councillor Michael Walker, North Toronto, advising that he has received a letter from, and had the opportunity to meet with, Mr. Abbas Eskandari regarding his application to renew his hot dog vending permit; that Mr. Eskandari's site, which is No. 110, is listed as one of the sites to be deleted from the inventory of sidewalk/boulevard vending spaces; requesting that a satisfactory reason be provided as to why this site is being removed including a review of police reports, health reports and other pertinent information; and recommending that, if a satisfactory solution is not available, staff be requested to submit a report on this matter to the next Council meeeting.
The following persons appeared before the Urban Environment and Development Committee in connection with the foregoing matter:
- Mr. Abbas Eskandari, Vendor;
- Ms. Lisa McGee, General Manager, Bloor-Yorkville BIA; and filed a map of vending sites in the Bloor-Yorkville area;
- Mr. Gary M. Nayman, Director, Leasing and Franchising, Club Monaco;
- Mr. Remo R. Commisso, Club Monaco Fashion Cafe;
- Councillor Michael Walker, North Toronto;
- Councillor Ila Bossons, Midtown;
- Councillor Mario Giansante, Kingsway--Humber; and
- Councillor John Adams, Midtown.
|
