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Appendix A

MINUTES OF THE COUNCIL

OF THE

CITY OF TORONTO

TUESDAY, SEPTEMBER 28, 1999 AND

WEDNESDAY, SEPTEMBER 29, 1999 City Council met in the Council Chamber, City Hall, Toronto. CALL TO ORDER 10.1 Mayor Lastman took the Chair and called the Members to order. The meeting opened with O Canada. CONFIRMATION OF MINUTES 10.2 Councillor Berardinetti, seconded by Councillor Silva, moved that the Minutes of the Council meetings held on the 9th, 10th and 11th days of June, 1999; the 6th, 7th and 8th days of July, 1999; and the 27th, 28th, 29th and 30th days of July, 1999, be confirmed in the form supplied to the Members, which carried. PETITIONS AND ENQUIRIES 10.3 Mayor Lastman advised the Council that the Toronto Community Council had forwarded a petition which had been submitted by the residents of Ward 19, regarding the loss of small independent businesses in the Bloor West Village, a copy of which is on file in the office of the City Clerk. Council received the aforementioned petition. PRESENTATION OF REPORTS 10.4 Councillor Miller presented the following Reports for consideration by Council: Report No. 6 of The Policy and Finance Committee, Report No. 4 of The Administration Committee, Report No. 7 of The Policy and Finance Committee, Report No. 3 of The Economic Development and Parks Committee, Report No. 4 of The Planning and Transportation Committee, Report No. 3 of The Works Committee, Report No. 5 of The Administration Committee, Report No. 3 of The Community Services Committee, Report No. 11 of The Etobicoke Community Council, Report No. 8 of The North York Community Council, Report No. 11 of The Scarborough Community Council, Report No. 12 of The Toronto Community Council, Report No. 9 of The York Community Council, Report No. 9 of The East York Community Council, and Report No. 7 of The Board of Health, and moved, seconded by Councillor Shiner, that Council now give consideration to such Reports, which carried. 10.5 Councillor Miller, with the permission of Council, presented the following Reports for the consideration of Council: Report No. 10 of The East York Community Council, and Report No. 8 of The Nominating Committee, and moved, seconded by Councillor Pitfield, that, in accordance with the provisions of Section 44 of the Council Procedural By-law, Council now give consideration to such Reports, which carried, more than two-thirds of Members present having voted in the affirmative. 10.6 DECLARATIONS OF INTEREST Councillor Adams declared his interest in Clause No. 1 of Report No. 12 of The Toronto Community Council, headed Ontario Municipal Board Appeal - Committee of Adjustment Decision - 7 Gange Avenue (Midtown) , in that he and his wife own a home within the Committee of Adjustment notice area. Councillor Jakobek declared his interest in Clause No. 1 of Report No. 8 of The Nominating Committee, headed Appointment of Citizen Members to the Board of Governors, Exhibition Place; Board of Directors, Toronto Atmospheric Fund; and the Canadian National Exhibition Association - Municipal Section , in that his father-in-law is a member of the Board of Directors of the Canadian National Exhibition Association - Municipal Section. Mayor Lastman declared his interest in Clause No. 11 of Report No. 7 of The Policy and Finance Committee and Clause No. 16 of Report No. 8 of The North York Community Council, headed John Street Roundhouse (222 Bremner Boulevard) (Ward 24 - Downtown) and Zoning Amendment Application UDOZ-97-41 - Costco Canada Limited - South Side of Wilson Avenue, West of Allen Road - North York Spadina , respectively, in that the Applicants Solicitors are employed by the same law firm as his son who is not a real estate lawyer and does not personally act on these files. Councillor Li Preti declared his interest in Clause No. 6 of Report No. 8 of The North York Community Council, headed Sale of Surplus Vacant Lands on the Northeast Corner of Wilson Heights Boulevard and Reiner Road - North York Spadina , insofar as it pertains to the City-owned lands at the northeast corner of Wilson Heights Boulevard and Reiner Road, in that he owns property in the vicinity of such lands. Councillor Shiner declared his interest in Clause No. 22 of Report No. 8 of The North York Community Council, headed Official Plan Amendment and Rezoning Application UDOZ-99-02 - Quadrant Dental Technologies Inc. - 181 Finch Avenue West - North York Centre , and in Item (i), entitled Official Plan Amendment Application UDOP-99-21 - Glenarda Properties Ltd. - 20 Bond Avenue - Don Parkway , embodied in Clause No. 24 of such Report, headed Other Items Considered by the Community Council , in that an associated Solicitor in the firm representing the Applicants is representing him on another matter. CONSIDERATION OF REPORTS CLAUSES RELEASED OR HELD FOR FURTHER CONSIDERATION 10.7 The following Clauses were held by Council for further consideration: Report No. 6 of The Policy and Finance Committee, Clause No. 1. Report No. 4 of The Administration Committee, Clause No. 1. Report No. 7 of The Policy and Finance Committee, Clauses Nos. 1, 2, 4, 5, 6, 10, 12, 15, 16, 17, 18 and 19. Report No. 3 of The Economic Development and Parks Committee, Clauses Nos. 5, 7, 9, 12 and 13. Report No. 4 of The Planning and Transportation Committee, Clauses Nos. 1 and 4. Report No. 3 of The Works Committee, Clauses Nos. 1, 2, 3, 4, 5, 8, 11, 12, 16, 18, 22 and 23. Report No. 5 of The Administration Committee, Clauses Nos. 1, 2, 4, 6, 8, 9, 10, 18 and 21. Report No. 11 of The Etobicoke Community Council, Clauses Nos. 20 and 21. Report No. 8 of The North York Community Council, Clauses Nos. 14, 16, 17, 18, 20, 21 and 24. Report No. 11 of The Scarborough Community Council, Clauses Nos. 14 and 23. Report No. 12 of The Toronto Community Council, Clauses Nos. 1, 44, 45, 55, 60, 63, 65, 66, 67, 72, 88 and 93. Report No. 9 of The York Community Council, Clauses Nos. 1 and 12. Report No. 9 of The East York Community Council, Clause No. 9. The following Clauses which were held by Council for further consideration were subsequently adopted without amendment or further discussion: Report No. 7 of The Policy and Finance Committee, Clause No. 10. Report No. 3 of The Economic Development and Parks Committee, Clause No. 7. Report No. 5 of The Administration Committee, Clause No. 18. Report No. 11 of The Etobicoke Community Council, Clause No. 20. Report No. 9 of The York Community Council, Clause No. 12. The Clauses not held by Council for further consideration were deemed to have been adopted by Council, without amendment, in accordance with the provisions of the Council Procedural By-law. CONSIDERATION OF REPORTS CLAUSES WITH MOTIONS, VOTES, ETC. 10.8 Clause No. 15 of Report No. 7 of The Policy and Finance Committee, headed Relocation of the Lancaster Bomber . Having regard that the Clause was submitted without recommendation: Motion: Councillor Jakobek moved that Council adopt the following recommendation: It is recommended that the joint report dated September 24, 1999, from the Commissioner of Economic Development, Culture and Tourism, and the Chief Financial Officer and Treasurer, embodying the following recommendations, be adopted: It is recommended that: (1) the City assume the cost of the restoration of the Coronation Park location, including the removal of the plinth and demolition of the concrete base, such costs estimated to be approximately $10,000.00, to be allocated from the Corporate Contingency fund; (2) the loan agreement be revised to establish the loan as a ten year loan with a ten year renewal period, and that the City obtain the right to undertake a formal assessment every five years of Toronto Aerospace Museum s work in fulfilling the loan agreement; (3) the Toronto Aerospace Museum be required to fulfill its commitment to place the Bomber immediately on public display and to interpret its restoration for the benefit of the public, while demonstrating appropriate safety precautions; and (4) the appropriate City officials be authorized to take the necessary action to give effect thereto. Votes: The motion by Councillor Jakobek carried. The Clause, as amended, carried. 10.9 Clause No. 16 of Report No. 3 of The Works Committee, headed Proposed Speed Limit Reduction on Sheppard Avenue East Between Greenbriar Road and Blue Ridge Road (North York - Centre South; Seneca Heights) . Motion: Councillor Shiner moved that the Clause be amended by striking out and referring the following portion of the recommendation of the Works Committee back to the Works Committee for further consideration at such time as the Toronto Transit Commission has submitted further comments in this regard to the Committee: and the eastbound left-turn lane at Bessarian (to the Plaza and garden centre) being maintained during the construction period . Votes: The motion by Councillor Shiner carried. The Clause, as amended, carried. 10.10 Clause No. 8 of Report No. 5 of The Administration Committee, headed Demolition of 22 Luverne Avenue - North York . Motion: Councillor Berardinetti moved that the Clause be struck out and referred back to the Acting Commissioner of Urban Planning and Development Services for further consideration. Vote: The motion by Councillor Berardinetti carried. 10.11 Clause No. 9 of Report No. 5 of The Administration Committee, headed Sheppard Subway - Don Mills Station, Initiation of Civil Lawsuit to Recover Contamination Costs . Vote: The Clause carried, without amendment. Councillors Bossons and Johnston requested that their opposition to this Clause be noted in the Minutes of this meeting. 10.12 Clause No. 10 of Report No. 5 of The Administration Committee, headed Application for Approval to Expropriate Interests in Land, Sheppard Subway/Sheppard Widening Project, Multiple Partial Interests, Vicinity of Intersection of Bayview Avenue and Sheppard Avenue East (Ward 9 - North York Centre South, Ward 10 - North York Centre - Ward 12 - Seneca Heights) . Vote: The Clause carried, without amendment. Councillors Bossons and Johnston requested that their opposition to this Clause be noted in the Minutes of this meeting. 10.13 Clause No. 14 of Report No. 8 of The North York Community Council, headed Stopping Prohibitions - Glencairn Avenue - North York Centre South . Motion: Councillor Berger moved that the Clause be amended by deleting the recommendation embodied in the report dated August 23, 1999, from the Director, Transportation Services, District 3, and inserting in lieu thereof the following new recommendation: That Schedules VIII and IX of By-law No. 31001, of the former City of North York, be amended to prohibit stopping at anytime on the south side of Glencairn Avenue, from the easterly limit of Bathurst Street to a point 67 metres easterly thereof. Votes: The motion by Councillor Berger carried. The Clause, as amended, carried. 10.14 Clause No. 18 of Report No. 8 of The North York Community Council, headed Request for Exemption from Noise By-law - Toronto Transit Commission - Sheppard Subway Construction Noise - North York Centre and Seneca Heights . Vote: The Clause carried, without amendment. Councillors Bossons and Johnston requested that their opposition to this Clause be noted in the Minutes of this meeting. 10.15 Clause No. 21 of Report No. 8 of The North York Community Council, headed Indoor Bocce Program User Fees for Older Adults . Motion: Councillor Ashton moved that the Clause be struck out and referred to the Economic Development and Parks Committee for further consideration. Vote: The motion by Councillor Ashton carried. 10.16 Clause No. 44 of Report No. 12 of The Toronto Community Council, headed Requests for Endorsement of Events for Liquor Licensing Purposes . Motion: Councillor Pantalone moved that the Clause be amended by adding thereto the following: It is further recommended that City Council, for liquor licensing purposes, declare the Screemers Haunted House to be held at Exhibition Place on October 15, 16 and 21 to 31, 1999, to be an event of municipal significance, and the Alcohol and Gaming Commission of Ontario be advised that City Council has no objection to this event taking place. Votes: The motion by Councillor Pantalone carried. The Clause, as amended, carried. Motion to re-open: Councillor McConnell, at 2:17 p.m. on Tuesday, September 28, 1999, with the permission of Council, moved that, in accordance with Section 46 of the Council Procedural By-law, this Clause be re-opened for further consideration, which carried, more than two-thirds of Members present having voted in the affirmative. Motion: Councillor McConnell moved that the Clause be further amended by adding thereto the following: It is further recommended that City Council, for liquor licensing purposes, declare the Harris Institute for the Arts 10th Birthday Party to be held at the Institute (118 Sherbourne Street, Toronto, Ontario) on October 2, 1999, to be an event of municipal significance, and the Alcohol and Gaming Commission of Ontario be advised that City Council has no objection to this event taking place. Votes: The motion by Councillor McConnell carried. The Clause, as further amended, carried. 10.17 Clause No. 55 of Report No. 12 of The Toronto Community Council, headed Discharge of Historical Designation and Heritage Easement Agreement - 333 Bloor Street East (Downtown) . Motion: Councillor Rae moved that the Clause be struck out and referred back to the Toronto Community Council for further consideration. Vote: The motion by Councillor Rae carried. 10.18 Clause No. 93 of Report No. 12 of The Toronto Community Council, headed Other Items Considered by the Community Council . Motion: Councillor Bossons moved that the Clause be received as information, subject to striking out and referring Item (h), entitled Yorkville Triangle - Official Plan Amendment No. 143 and Zoning By-law No. 138-99 (Midtown) , embodied therein, back to the Toronto Community Council for further consideration and the hearing of deputations. Votes: The motion by Councillor Bossons carried. The Clause, as amended, was received as information. 10.19 Clause No. 1 of Report No. 6 of The Policy and Finance, headed City Tree Maintenance Backlog (All Wards) . Deputy Mayor Ootes in the Chair. Motions: (a) Councillor Pantalone moved that the Clause be amended in accordance with the following recommendations of the Budget Advisory Committee embodied in the communication dated July 27, 1999, from the City Clerk: The Budget Advisory Committee on July 27, 1999, recommended to City Council the adoption of the recommendations of the Policy and Finance Committee embodied in the communication (July 20, 1999) from the City Clerk, subject to: (1) the funds being made available in 1999 and 2000 to assist with the City Tree Maintenance Backlog be on a one time only basis; (2) the $1.7 million in 2000 be deferred for consideration during the year 2000 Operating Budget deliberations; (3) $650,000.00 of the $1 million in additional funding for 1999 to be from the Corporate Contingency Account; and the Commissioner of Economic Development, Culture and Tourism Department be requested to report to the Policy and Finance Committee for its meeting of October 14, 1999, on where and how the Economic Development, Culture and Tourism Department can absorb the remaining $350,000.00 cost within the Department; (4) the expenditure of $1 million to address the City tree maintenance backlog be implemented by contracted out services, subject to Collective Agreement obligations; and (5) the thorough review currently underway by the Commissioner of Economic Development, Culture and Tourism with regard to this matter include efficiencies and progress made so that such a backlog does not reoccur, the said review to be completed prior to the year 2000 Operating Budget deliberations. (b) Councillor Shiner moved that the Clause be amended by adding thereto the following: It is further recommended that the Commissioner of Economic Development, Culture and Tourism be advised that it is Council s preference that priority be given to immediately trimming the trees in those areas of the City where the foliage from such trees is impeding the light emanating from the street lights. Votes: Motion (b) by Councillor Shiner carried. Adoption of motion (a) by Councillor Pantalone: Yes - 37 Councillors: Altobello, Ashton, Balkissoon, Berardinetti, Bossons, Brown, Bussin, Cho, Chong, Chow, Disero, Duguid, Filion, Flint, Holyday, Jones, Kelly, King, Korwin-Kuczynski, Layton, Li Preti, Lindsay Luby, Mihevc, Miller, Minnan-Wong, Moscoe, Nunziata, Ootes, Pantalone, Pitfield, Prue, Saundercook, Shaw, Shiner, Sinclair, Soknacki, Walker No - 0 Carried, without dissent. The Clause, as amended, carried. 10.20 Clause No. 1 of Report No. 4 of The Administration Committee, headed Retention of Former Employees as Expert Witnesses at Ontario Municipal Board Hearings . Motions: (a) Councillor Moscoe moved that the Clause be amended by adding thereto the following: It is further recommended that: (1) the use of former employees as consultants, within a two-year period from such employees separation date from the City, be judicious and rare; and (2) the City Solicitor be requested to submit a full report to Council, through the Administration Committee, on a quarterly basis, on the use of former employees as consultants, such report to include the names of the consultants and the amount of remuneration paid. (b) Councillor Walker moved that the Clause be amended by striking out the recommendation of the Administration Committee and inserting in lieu thereof the following: It is recommended that the current policy respecting the hiring of former employees as outside consultants be re-affirmed, and any exceptions be brought forward on a case-by-case basis for approval by Council. Votes: Adoption of motion (b) by Councillor Walker: Yes - 13 Councillors: Berger, Bussin, Li Preti, Mammoliti, McConnell, Minnan-Wong, Moscoe, Nunziata, Pitfield, Shaw, Shiner, Silva, Walker No - 23 Councillors: Ashton, Bossons, Brown, Cho, Chong, Chow, Disero, Duguid, Gardner, Giansante, Holyday, Jones, Kelly, King, Layton, Lindsay Luby, Mihevc, Miller, Ootes, Pantalone, Prue, Sinclair, Soknacki Lost by a majority of 10. Councillor Moscoe, with the permission of Council, withdrew the words and rare from Part (1) of his motion (a). Adoption of motion (a) by Councillor Moscoe, as amended: Yes - 35 Councillors: Ashton, Berger, Bossons, Brown, Bussin, Cho, Chong, Chow, Disero, Duguid, Giansante, Holyday, Johnston, Jones, Kelly, King, Layton, Li Preti, Lindsay Luby, Mammoliti, McConnell, Mihevc, Miller, Minnan-Wong, Moscoe, Nunziata, Ootes, Pantalone, Pitfield, Prue, Shaw, Shiner, Silva, Sinclair, Soknacki No - 2 Councillors: Gardner, Walker Carried by a majority of 33. The Clause, as amended, carried. 10.21 Clause No. 1 of Report No. 7 of The Policy and Finance Committee, headed Retirement and Lodging Homes . Motions: (a) Councillor King moved that the Clause be amended in accordance with the following recommendations of the Board of Health embodied in the communication dated September 21, 1999, from the City Clerk: The Board of Health recommends the adoption of the recommendations of the Policy and Finance Committee, embodied in the communication (September 17, 1999) from the City Clerk, subject to: (1) amending Recommendation No. (4) to provide that the Interdepartmental Working Group report to Council in December 1999 through the Board of Health, Community Services and Planning and Transportation Committees; and (2) striking out Recommendation No. (6) and inserting in lieu thereof the following: (6) the amount of $527,500.00 be allocated for the short-term solution, with $250,000.00 to be reallocated from 1999 under expenditures and the remainder of the funds to be considered for pre-approval in the year 2000 Operating Budget, subject to a further report from the Interdepartmental Working Group; . (b) Councillor Layton moved that the Clause be amended by adding thereto the following: It is further recommended that the Interdepartmental Working Group be requested to add to its agenda a determination of how the housing issues faced by senior citizens fit with the Retirement Homes issue. Votes: Motion (b) by Councillor Layton carried. Motion (a) by Councillor King carried. Adoption of Clause, as amended: Yes - 39 Mayor: Lastman Councillors: Altobello, Ashton, Berger, Bossons, Bussin, Cho, Chong, Chow, Disero, Duguid, Filion, Flint, Gardner, Giansante, Holyday, Johnston, Jones, Kelly, King, Korwin-Kuczynski, Layton, Li Preti, Lindsay Luby, Mammoliti, McConnell, Mihevc, Miller, Moscoe, Nunziata, Ootes, Pantalone, Pitfield, Prue, Saundercook, Silva, Sinclair, Soknacki, Walker No - 0 Carried, without dissent. 10.22 Clause No. 2 of Report No. 7 of The Policy and Finance Committee, headed Recreation Needs Assessment and Feasibility Study Findings and Recommendations Respecting Five Study Areas - (Wards 2, 6, 19, 24, 25, 27 and 28) . Motions: (a) Councillor Moscoe moved that the Clause be amended by adding thereto the following: It is further recommended that: (1) the first stage of the interim plan, i.e. the provision assessment study, be given consideration by Council no later than January 1, 2000, through the appropriate Standing Committees; and (2) this review highlight not only the disparity of services City-wide, but also include a review of the differences in policies among the recreation centres and programs City-wide, with a view to developing an overall City recreation philosophy. (b) Councillor Miller moved that the Clause be amended by striking out Recommendation No. (2) of the Policy and Finance Committee and inserting in lieu thereof the following: (2) that Capital financing for these recreation facilities be reported as part of the 1999/2000 budget process and include a Capital plan for 1999 to 2004. (c) Councillor Korwin-Kuczynski moved that: (1) Part (1) of motion (a) by Councillor Moscoe be amended by deleting the date January 1, 2000 and inserting in lieu thereof the words the last meeting of this Council to be held in the year 2000 ; and (2) the Clause be amended by adding to Recommendation No. (3) of the Policy and Finance Committee the words such report to be submitted to Council for its meeting to be held in December 1999 , so that such recommendation shall now read as follows: (3) that the Commissioner of Economic Development, Culture and Tourism be requested to submit a report thereon to the Economic Development and Parks Committee at the same time that he is reporting on a fund-raising policy for the City of Toronto, such report to be submitted to Council for its meeting to be held in December 1999; . (d) Councillor Balkissoon moved that the Clause be amended by: (1) inserting in Recommendation No. (1) of the Policy and Finance Committee, after the words in principle , the words save and except the estimated cost outlined therein , so that such recommendation shall now read as follows: (1) the adoption, in principle, save and except the estimated cost outlined therein, of the report (August 23, 1999) from the Commissioner of Economic Development, Culture and Tourism; ; and (2) adding thereto the following: It is further recommended that the Commissioner of Economic Development, Culture and Tourism be requested to submit a report to the Budget Advisory Committee, for consideration with this matter during the budget process, outlining details of community centres that have been built in the last ten years, the size of such centres, the amenities contained in each centre and the actual cost to build each centre. (e) Councillor Cho moved that the Clause be amended by adding thereto the following: It is further recommended that the Commissioner of Economic Development, Culture and Tourism be requested to submit a report to the Economic Development and Parks Committee on the needs assessment process to be followed for new facilities. Votes: Adoption of Part (1) of motion (d) by Councillor Balkissoon: Yes - 33 Mayor: Lastman Councillors: Altobello, Ashton, Balkissoon, Berardinetti, Bossons, Brown, Bussin, Cho, Chong, Duguid, Filion, Fotinos, Giansante, Holyday, Jakobek, Jones, Kelly, Li Preti, Lindsay Luby, Mahood, Mammoliti, Minnan-Wong, Moscoe, O Brien, Ootes, Pitfield, Sgro, Shaw, Shiner, Soknacki, Tzekas, Walker No - 11 Councillors: Augimeri, Chow, Davis, Disero, Korwin-Kuczynski, Layton, McConnell, Mihevc, Miller, Nunziata, Rae Carried by a majority of 22. Motion (b) by Councillor Miller carried. Adoption of Part (2) of motion (c) by Councillor Korwin-Kuczynski: Yes -34 Mayor: Lastman Councillors: Altobello, Augimeri, Balkissoon, Berardinetti, Bossons, Brown, Bussin, Chong, Davis, Disero, Duguid, Filion, Fotinos, Giansante, Holyday, Kelly, Korwin-Kuczynski, Li Preti, Lindsay Luby, Mahood, Mihevc, Miller, Minnan-Wong, O Brien, Ootes, Pantalone, Pitfield, Rae, Sgro, Shaw, Soknacki, Tzekas, Walker No - 11 Councillors: Ashton, Cho, Chow, Jakobek, Jones, Layton, Mammoliti, McConnell, Moscoe, Nunziata, Shiner Carried by a majority of 23. Adoption of Part (1) of motion (c) by Councillor Korwin-Kuczynski: Yes - 20 Mayor: Lastman Councillors: Altobello, Balkissoon, Berardinetti, Bossons, Bussin, Cho, Giansante, Holyday, Kelly, Korwin-Kuczynski, Li Preti, Mihevc, Ootes, Pantalone, Pitfield, Rae, Sgro, Shaw, Walker No - 25 Councillors: Ashton, Augimeri, Brown, Chong, Chow, Davis, Disero, Duguid, Filion, Fotinos, Jakobek, Jones, Layton, Lindsay Luby, Mahood, Mammoliti, McConnell, Miller, Minnan-Wong, Moscoe, Nunziata, O Brien, Shiner, Soknacki, Tzekas Lost by a majority of 5. Adoption of motion (a) by Councillor Moscoe, without amendment: Yes - 32 Mayor: Lastman Councillors: Ashton, Augimeri, Balkissoon, Berardinetti, Brown, Bussin, Cho, Chong, Davis, Disero, Duguid, Filion, Fotinos, Holyday, Jakobek, Kelly, Layton, Li Preti, Lindsay Luby, Mammoliti, McConnell, Minnan-Wong, Moscoe, Nunziata, O Brien, Ootes, Pitfield, Shaw, Shiner, Soknacki, Tzekas No - 13 Councillors: Altobello, Bossons, Chow, Giansante, Jones, Korwin-Kuczynski, Mahood, Mihevc, Miller, Pantalone, Rae, Sgro, Walker Carried by a majority of 19. Adoption of Part (2) of motion (d) by Councillor Balkissoon: Yes - 37 Mayor: Lastman Councillors: Altobello, Ashton, Augimeri, Balkissoon, Berardinetti, Bossons, Brown, Cho, Chong, Chow, Davis, Disero, Duguid, Fotinos, Giansante, Holyday, Jakobek, Jones, Kelly, Li Preti, Lindsay Luby, Mahood, McConnell, Mihevc, Minnan-Wong, Moscoe, Nunziata, O Brien, Ootes, Pantalone, Pitfield, Sgro, Shaw, Shiner, Soknacki, Tzekas No - 8 Councillors: Bussin, Filion, Korwin-Kuczynski, Layton, Mammoliti, Miller, Rae, Walker Carried by a majority of 29. Motion (e) by Councillor Cho carried. The Clause, as amended, carried. In summary, Council amended this Clause by: (1) inserting in Recommendation No. (1) of the Policy and Finance Committee, after the words in principle , the words save and except the estimated cost outlined therein , so that such recommendation shall now read as follows: (1) the adoption, in principle, save and except the estimated cost outlined therein, of the report (August 23, 1999) from the Commissioner of Economic Development, Culture and Tourism; ; (2) striking out Recommendation No. (2) of the Policy and Finance Committee and inserting in lieu thereof the following: (2) that Capital financing for these recreation facilities be reported as part of the 1999/2000 budget process and include a Capital plan for 1999 to 2004. ; (3) adding to Recommendation No. (3) of the Policy and Finance Committee the words such report to be submitted to Council for its meeting to be held in December 1999 , so that such recommendation shall now read as follows: (3) that the Commissioner of Economic Development, Culture and Tourism be requested to submit a report thereon to the Economic Development and Parks Committee at the same time that he is reporting on a fund-raising policy for the City of Toronto, such report to be submitted to Council for its meeting to be held in December 1999; ; and (4) adding thereto the following: It is further recommended that: (a) the first stage of the interim plan, i.e. the provision assessment study, be given consideration by Council no later than January 1, 2000, through the appropriate Standing Committees; (b) this review highlight not only the disparity of services City-wide, but also include a review of the differences in policies among the recreation centres and programs City-wide, with a view to developing an overall City recreation philosophy; (c) the Commissioner of Economic Development, Culture and Tourism be requested to submit a report to the Budget Advisory Committee, for consideration with this matter during the budget process, outlining details of community centres that have been built in the last ten years, the size of such centres, the amenities contained in each centre and the actual cost to build each centre; and (d) the Commissioner of Economic Development, Culture and Tourism be requested to submit a report to the Economic Development and Parks Committee on the needs assessment process to be followed for new facilities. 10.23 Clause No. 18 of Report No. 7 of The Policy and Finance Committee, headed Procurement Authorization - Supply and Installation of Permanent Inspection Platforms on the Prince Edward Viaduct . Having regard that the Clause was submitted without recommendation: Motion: Councillor Layton moved that Council adopt the following recommendation: It is recommended that the report dated September 27, 1999, from the Chief Financial Officer and Treasurer, embodying the following recommendations, be adopted: It is recommended that: (1) funding for this project [Prince Edward Viaduct Permanent Inspection Platform, included in Project #340 Bridges and Tunnels - Various of the Toronto Transit Commission (TTC) Capital Program] be financed through the issuance of debentures for a term not exceeding twenty years, noting that the amount is within the City s updated debt and financial obligation limit, and the City Solicitor be directed to apply to the Ontario Municipal Board for approval as required under the City of Toronto Act; and (2) the future year funding request for the Prince Edward Viaduct _ Beam Replacement, included in Project #340, Bridges and Tunnels - Various of the TTC Capital Program, be reduced by a total of $400 thousand in the 2000-2004 Capital Program ($100 thousand per year from 2000 to 2003). Votes: The motion by Councillor Layton carried. The Clause, as amended, carried. 10.24 Clause No. 4 of Report No. 7 of The Policy and Finance Committee, headed Toronto Integrated Solid Waste Resource Management Process, Retention of MacViro Consultants Inc. and Tory Tory DesLauriers and Binnington for RFP for Proven Solid Waste Resource Diversion Services . Motion: Councillor Shiner moved that the Clause be amended by adding thereto the following: It is further recommended that the Commissioner of Works and Emergency Services be requested to submit reports to the Works Committee, on a quarterly basis, on: (1) the activities of the consultants to date; (2) the projected activities of the consultants for the next quarter; and (3) the actual and projected costs for the services of all consultants in connection with the Toronto Integrated Solid Waste Resource Management Process. Votes: The motion by Councillor Shiner carried. The Clause, as amended, carried. 10.25 Clause No. 45 of Report No. 12 of The Toronto Community Council, headed Installation of Fencing along CN Rail Tracks Between Coxwell Avenue and Gainsborough Road (East Toronto) . Motion: Councillor McConnell moved that the Clause be amended by adding thereto the following: It is further recommended that the report dated September 27, 1999, from the Chief Financial Officer and Treasurer, embodying the following recommendations, be adopted: It is recommended that: (1) the work contemplated in the report, along with the financial cost to the City, be considered in the 2000 Capital Budget process; and (2) the Commissioner of Works and Emergency Services be requested to report back on this project, including the costs, for consideration as part of the year 2000 Capital Budget process. Votes: The motion by Councillor McConnell carried. The Clause, as amended, carried. 10.26 Clause No. 1 of Report No. 12 of The Toronto Community Council, headed Ontario Municipal Board Appeal - Committee of Adjustment Decision - 7 Gange Avenue (Midtown) . Motion: Councillor McConnell moved that the Clause be amended by adding thereto the following: It is further recommended that the report dated September 27, 1999, from the Chief Financial Officer and Treasurer, embodying the following recommendation, be adopted: It is recommended that the outside planning costs related to the Ontario Municipal Board (OMB) Appeal for 7 Gange Avenue be part of the draw-down on Corporate Contingency requested by the City Solicitor for Municipal Board Hearings in 1999, in his report of August 5, 1999, titled Source of Funding for Outside Consultants required for OMB Hearings , as recommended to Council by the Policy and Finance Committee of Council on September 16, 1999. Votes: The motion by Councillor McConnell carried. The Clause, as amended, carried. 10.27 Clause No. 9 of Report No. 3 of The Economic Development and Parks Committee, headed Third Party Outdoor Advertising on City Property and Assets - All Wards . Motion: Councillor Chow moved that the Clause be amended by adding thereto the following: It is further recommended that the Commissioner of Economic Development, Culture and Tourism be requested to include agencies, boards and commissions in any consultation process regarding third party outdoor advertising. Votes: The motion by Councillor Chow carried. The Clause, as amended, carried. 10.28 Clause No. 60 of Report No. 12 of The Toronto Community Council, headed Appeal - Commercial Boulevard Parking - Arlington Avenue Flankage of 775 St. Clair Avenue West (Davenport) . Motion: Councillor Disero moved that the Clause be amended by striking out the recommendation of the Toronto Community Council and inserting in lieu thereof the following: It is recommended that, as recommended in Recommendation No. (2) embodied in the report dated August 26, 1999, from the Manager, Right-of-Way Management, Transportation Services, District 1, Works and Emergency Services, City Council approve the application for commercial boulevard parking on the Arlington Avenue flankage of 775 St. Clair Avenue West, notwithstanding the negative results of the public poll, and that such approval be subject to the applicant complying with the criteria set out in subsection 313-39 of Municipal Code Chapter 313, Streets and Sidewalks, of the former City of Toronto Municipal Code. Votes: The motion by Councillor Disero carried. The Clause, as amended, carried. 10.29 Clause No. 72 of Report No. 12 of The Toronto Community Council, headed Installation of Speed Humps - Shaw Street from Marchmount Road to Wychcrest Avenue (Davenport) . Motion: Councillor Disero moved that the Clause be amended by adding thereto the following: It is further recommended that the Director of Transportation Services, District 1, be requested to submit a report to the October meeting of the Toronto Community Council on the results of the poll conducted of the residents on Marchmount Road between Shaw Street and Ossington Avenue. Votes: The motion by Councillor Disero carried. The Clause, as amended, carried. 10.30 Clause No. 5 of Report No. 7 of The Policy and Finance Committee, headed IHL Proposal for Coliseum Building, National Trade Centre Complex . Motion: Councillor Moscoe moved that the Clause be amended by adding thereto the following: It is further recommended that the Interim General Manager, Exhibition Place, be requested to submit an annual report to Council, through the Policy and Finance Committee, on the actual revenues derived from the rental of the Coliseum Building for the six categories of revenues identified by the Interim General Manager, Exhibition Place. Votes: The motion by Councillor Moscoe carried. The Clause, as amended, carried. 10.31 Clause No. 21 of Report No. 11 of The Etobicoke Community Council, headed Request to Lift Holding (H) Designation Zanini Developments Inc., 112 Evans Avenue and 801 Oxford Street - File No. Z-2268 (Lakeshore-Queensway) . Motion: Councillor Giansante moved that the Clause be amended by adding thereto the following: It is further recommended that the report dated September 28, 1999, from the City Solicitor, embodying the following recommendation, be adopted: It is recommended that Condition No. (4) to the lifting of the Holding Designation, as contained in the September 14, 1999 report of the Urban Planning and Development Services Department, be amended to read as follows: (4) written confirmation from the City s environmental peer review consultant concurring with the developer s consultant (Angus Environmental Limited - letter dated September 28, 1999) that the contamination associated with Part 1 on the draft reference plan prepared by Rabideau & Czerwinski, O.L.S., as plan RC2727A5, will not have an adverse impact on the adjacent lands within the development; . Votes: The motion by Councillor Giansante carried. The Clause, as amended, carried. 10.32 Clause No. 23 of Report No. 3 of The Works Committee, headed Purchase of Bulk Common Coarse Rock Salt (Road Salt) . Motion: Councillor Jakobek moved that the Clause be amended 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 Audit Committee on: (1) the issue of the purchase of rock salt from only one bidder in Ontario; and (2) why no attempt has been made to purchase rock salt directly from the source. Votes: The motion by Councillor Jakobek carried. The Clause, as amended, carried. 10.33 Clause No. 5 of Report No. 3 of The Works Committee, headed Road Salt Environmental Impact Study and Reduction of Road Salt Use . Motion: Councillor Layton moved that the Clause be amended 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 Works Committee on the considerations being raised by the federal government concerning rock salt and the environment. Votes: The motion by Councillor Layton carried. The Clause, as amended, carried. 10.34 Clause No. 12 of Report No. 7 of The Policy and Finance Committee, headed Proposed Alternative Financing Feasibility Study, TTC Subway Cars . Motion: Councillor Miller moved that the Clause be amended by: (1) inserting in Recommendation No. (1) embodied in the report dated September 13, 1999, from the Chief Financial Officer and Treasurer, after the word drafted , the words, in consultation with staff of the Toronto Transit Commission , so that such recommendation shall now read as follows: (1) a Request for Proposal be drafted, in consultation with staff of the Toronto Transit Commission, for the purpose of seeking suitable external financial advice with respect to the potential use of alternative methods to finance the purchase of TTC subway cars; ; and (2) adding thereto the following: It is further recommended that the Chief Financial Officer and Treasurer be requested to submit a report to the Policy and Finance Committee on the results of the Request for Proposals. Votes: The motion by Councillor Miller carried. The Clause, as amended, carried. 10.35 Clause No. 65 of Report No. 12 of The Toronto Community Council, headed Tree Removal - 478 Roncesvalles Avenue (High Park) . Motion: Councillor Korwin-Kuczynski moved that the Clause be struck out and referred back to the Toronto Community Council for further consideration. Vote: The motion by Councillor Korwin-Kuczynski carried. 10.36 Clause No. 16 of Report No. 7 of The Policy and Finance Committee, headed Jury Recommendations from the Coroner s Inquest into the Death of Edmond Wai-Kong Yu . Having regard that the Clause was submitted without recommendation: Motions: (a) Councillor Chow moved that Council adopt the following recommendation: It is recommended that the report dated September 28, 1999, from the Chief Financial Officer and Treasurer, embodying the following recommendations, be adopted: It is recommended that: (1) this report be received for information; and (2) the Toronto Police Services Board be requested to submit a detailed cost report on this matter to the Policy and Finance Committee, including in such report how this item can be accommodated as part of its 2000 Operating Budget submission. (b) Councillor Miller moved that Council adopt the following recommendation: It is recommended that the Toronto Police Services Board be requested to submit a report to the Administration Committee outlining the progress of its implementation of the recommendations of the Coroner s Inquest. Votes: Motion (a) by Councillor Chow carried. Motion (b) by Councillor Miller carried. The Clause, as amended, carried. 10.37 Clause No. 63 of Report No. 12 of The Toronto Community Council, headed Tree Removal - 256 MacDonell Avenue (High Park) . Motion: Councillor Korwin-Kuczynski moved that the Clause be amended by striking out the recommendation of the Toronto Community Council and inserting in lieu thereof the following: It is recommended that: (1) Council issue a permit for tree injury to the owner of 256 MacDonell Avenue; and (2) the applicant be directed to retain a private certified arborist to develop a tree retention and protection plan that is satisfactory to the City Forester. Votes: Adoption of motion by Councillor Korwin-Kuczynski: Yes - 25 Mayor: Lastman Councillors: Altobello, Balkissoon, Berardinetti, Berger, Cho, Chow, Filion, Flint, Giansante, Holyday, Jakobek, Kelly, Korwin-Kuczynski, Li Preti, Lindsay Luby, Mihevc, Moscoe, Nunziata, O Brien, Ootes, Shaw, Shiner, Soknacki, Tzekas No - 12 Councillors: Augimeri, Bossons, Jones, Kinahan, Layton, McConnell, Miller, Pantalone, Pitfield, Prue, Rae, Saundercook Carried by a majority of 13. The Clause, as amended, carried. 10.38 Clause No. 6 of Report No. 7 of The Policy and Finance Committee, headed Source of Funding for Outside Consultants Required for Ontario Municipal Board Hearings . Motion: Councillor Moscoe moved that the Clause be amended by adding thereto the following: It is further recommended that the City Solicitor be requested to submit, to the Policy and Finance Committee, a supplementary list of all of the firms retained from Appendix A to the report dated August 5, 1999, from the City Solicitor, and all outside lawyers retained for other purposes, including the names of the firms retained and the fees paid. Votes: The motion by Councillor Moscoe carried. The Clause, as amended, carried. 10.39 Clause No. 4 of Report No. 5 of The Administration Committee, headed Appeals Reserve - 1999 Access and Equity Grant Program . Motion: Councillor Miller moved that the Clause be amended by adding thereto the following: It is further recommended that the report dated September 23, 1999, from the Chief Administrative Officer, be received. Votes: The motion by Councillor Miller carried. The Clause, as amended, carried. 10.40 Clause No. 5 of Report No. 3 of The Economic Development and Parks Committee, headed The Proposed Process for the Provision of Outdoor Waterplay Facilities - All Wards . Motions: (a) Mayor Lastman moved that the Clause be amended by adding thereto the following: It is further recommended that the Commissioner of Economic Development, Culture and Tourism be requested to place high priority on areas where there is no existing swimming pool (not wading pool) when determining where to locate new waterparks. (b) Councillor Moscoe moved that motion (a) by Mayor Lastman be amended by adding thereto the words such waterparks to be accessible to small children . (c) Councillor Pantalone moved that the Clause be amended by adding thereto the following: It is further recommended that when significant improvements are occurring in existing playgrounds for children, waterpark development be given serious consideration. Votes: Motion (b) by Councillor Moscoe carried. Motion (a) by Mayor Lastman carried, as amended. Motion (c) by Councillor Pantalone carried. The Clause, as amended, carried. 10.41 Clause No. 4 of Report No. 4 of The Planning and Transportation Committee, headed Year 2000 Licence Fees . Motions: (a) Councillor Moscoe moved that the Clause be amended by adding thereto the following: It is further recommended that the Acting Commissioner of Urban Planning and Development Services be requested to submit a report to the Planning and Transportation Committee on the feasibility of re-establishing a licence fee equalization fund to facilitate the cost recovery model, and the possibility of building a by-law enforcement program into the cost recovery model for licensing. (b) Councillor Layton moved that the Clause be amended by adding thereto the following: It is further recommended that: (1) in the review and clarification of the by-law currently being undertaken, provision be made for volunteer auctioneers representing charities to be exempted from the by-law; and (2) gender neutral language be used in the By-law. (c) Councillor Chow moved that the Clause be amended by adding thereto the following: It is further recommended that the Acting Commissioner of Urban Planning and Development Services be requested to submit a report to the November 1, 1999 meeting of the Planning and Transportation Committee on the merit of licensing acupuncturists. Votes: Motion (a) by Councillor Moscoe carried. Motion (b) by Councillor Layton carried. Motion (c) by Councillor Chow carried. The Clause, as amended, carried. 10.42 Clause No. 1 of Report No. 3 of The Works Committee, headed Toronto Integrated Solid Waste Resource Management Process . Motions: (a) Councillor Saundercook moved that the Clause be amended by adding thereto the following: It is further recommended that: (1) the following recommendation of the Works Committee embodied in the communication dated September 24, 1999, from the City Clerk, be adopted: The Works Committee recommends the adoption of the report dated August 30, 1999, from the Commissioner of Works and Emergency Services, entitled Toronto Integrated Solid Waste Resource Management Process Request for Proposals for Disposal Services , subject to the following amendments: (1) deleting the words Fatality Rates under Section 1.2 Traffic Safety in Table 5.2, entitled Comparative Evaluation Criteria , and inserting in lieu thereof the words Accident Rates ; (2) reaffirmation of the position set out in the Request for Expressions of Interest document, as follows: Respondents to this combined transport and disposal service RFP will be required to provide a price for the combined service, and separate prices for each of the following (if applicable): truck; rail; and disposal service only ; (3) that the social benefits be limited to the Greater Toronto Area (GTA); and (4) that the carbon dioxide criteria be amended to provide that it be green house gases as set out in the Kyoto Protocol, and as measured by C02 equivalents (eCO2). ; and (2) the report dated September 27, 1999, from the Commissioner of Works and Emergency Services, embodying the following recommendations, be adopted: It is recommended that: (1) qualified Respondents of the Toronto Integrated Solid Waste Resource Management Process Category 2, Proven (Landfill) Disposal Capacity, not be required to include in their Request for Proposals the provision of a front end processing and organic stabilization facility; (2) City Council reiterate its policy to engage the marketplace for the provision of diversion (e.g. recycling and composting) technologies through the issuance of a Request for Proposals for Category 1, Proven Diversion Capacity, of the Toronto Integrated Solid Waste Resource Management Process; and (3) the weighting for the Social Benefits criteria, as presented by the Commissioner of Works and Emergency Services in his report of August 30, 1999, which had a mixed weighting factor for job creation and investment in goods and services between the Greater Toronto Area and Ontario, be reinstated. ; and (3) the Commissioner of Works and Emergency Services be requested to further emphasize to any proponents, in a covering letter, Section 4.1.8 embodied in the Request for Proposal, the disclaimer that the City is not obligated to accept any of the bids. (b) Councillor King moved that Part (1) of motion (a) by Councillor Saundercook be amended by deleting Recommendation No. (3), viz.: (3) that the social benefits be limited to the Greater Toronto Area (GTA); . (c) Councillor Layton moved that the Clause be amended to provide that the Request for Proposals be amended as follows: The City will only enter into a contract with a proponent of waste disposal capacity option if the host community has endorsed the proponent s plans. Endorsement would be demonstrated by a municipally-organized referendum where residents of the affected municipalities indicated over 50 percent support for the proponent s plans. Votes: Adoption of motion (c) by Councillor Layton: Yes - 8 Councillors: Adams, Augimeri, Jakobek, Layton, McConnell, Miller, Moscoe, Rae No - 36 Councillors: Ashton, Berardinetti, Bossons, Brown, Cho, Chong, Davis, Disero, Duguid, Flint, Fotinos, Gardner, Giansante, Holyday, Jones, Kelly, Kinahan, King, Korwin-Kuczynski, Li Preti, Lindsay Luby, Mahood, Mihevc, Minnan-Wong, Nunziata, O Brien, Ootes, Pantalone, Pitfield, Prue, Saundercook, Sgro, Shiner, Silva, Soknacki, Walker Lost by a majority of 28. Motion (b) by Councillor King carried. Part (1) of motion (a) by Councillor Saundercook carried, as amended. Part (2) of motion (a) by Councillor Saundercook carried. Part (3) of motion (a) by Councillor Saundercook carried. Adoption of Clause, as amended: Yes - 41 Mayor: Lastman Councillors: Adams, Ashton, Berardinetti, Bossons, Brown, Cho, Chong, Davis, Disero, Duguid, Filion, Flint, Fotinos, Gardner, Giansante, Holyday, Jones, Kelly, Kinahan, King, Korwin-Kuczynski, Li Preti, Lindsay Luby, Mahood, Mihevc, Minnan-Wong, Moscoe, Nunziata, O Brien, Ootes, Pantalone, Pitfield, Prue, Saundercook, Sgro, Silva, Sinclair, Soknacki, Tzekas, Walker No - 8 Councillors: Augimeri, Chow, Jakobek, Layton, McConnell, Miller, Rae, Shiner Carried by a majority of 33. In summary, Council amended the Clause by adding thereto the following: It is further recommended that: (a) the recommendations of the Works Committee embodied in the communication dated September 24, 1999, from the City Clerk, be adopted, subject to deleting Recommendation No. (3), viz.: (3) that the social benefits be limited to the Greater Toronto Area (GTA); , so that such recommendations shall now read as follows: The Works Committee recommends the adoption of the report dated August 30, 1999, from the Commissioner of Works and Emergency Services, entitled Toronto Integrated Solid Waste Resource Management Process Request for Proposals for Disposal Services , subject to the following amendments: (1) deleting the words Fatality Rates under Section 1.2 Traffic Safety in Table 5.2, entitled Comparative Evaluation Criteria , and inserting in lieu thereof the words Accident Rates ; (2) reaffirmation of the position set out in the Request for Expressions of Interest document, as follows: Respondents to this combined transport and disposal service RFP will be required to provide a price for the combined service, and separate prices for each of the following (if applicable): truck; rail; and disposal service only ; and (3) that the carbon dioxide criteria be amended to provide that it be green house gases as set out in the Kyoto Protocol, and as measured by C02 equivalents (eCO2); ; and (b) the report dated September 27, 1999, from the Commissioner of Works and Emergency Services, embodying the following recommendations, be adopted: It is recommended that: (1) qualified Respondents of the Toronto Integrated Solid Waste Resource Management Process Category 2, Proven (Landfill) Disposal Capacity, not be required to include in their Request for Proposals the provision of a front end processing and organic stabilization facility; (2) City Council reiterate its policy to engage the marketplace for the provision of diversion (e.g. recycling and composting) technologies through the issuance of a Request for Proposals for Category 1, Proven Diversion Capacity, of the Toronto Integrated Solid Waste Resource Management Process; and (3) the weighting for the Social Benefits criteria, as presented by the Commissioner of Works and Emergency Services in his report of August 30, 1999, which had a mixed weighting factor for job creation and investment in goods and services between the Greater Toronto Area and Ontario, be reinstated. ; and (c) the Commissioner of Works and Emergency Services be requested to further emphasize to any proponents, in a covering letter, Section 4.1.8 embodied in the Request for Proposal, the disclaimer that the City is not obligated to accept any of the bids. 10.43 Clause No. 1 of Report No. 4 of The Planning and Transportation Committee, headed Order to Prohibit Rent Increases (OPRI s) . Motions: (a) Councillor Adams moved that the Clause be amended by adding thereto the following: It is further recommended that the Chief Building Official, in co-operation with the Chief Planner, be instructed to: (1) review all outstanding Orders to Prohibit Rent Increases (OPRI) work orders in the City of Toronto to determine how many rental units are presently affected by an OPRI rent freeze and the status of the compliance of these work orders; (2) determine whether an adequate level of compliance standards are being applied in the clearing of OPRI work orders; (3) determine how the City might better achieve compliance with non-OPRI work orders issued against negligent landlords after the introduction of the Tenant Protection Act in June 1998, on buildings with outstanding co-existing OPRI work orders; and (4) review the legislation dealing with the enforcement of property standards, and report back to the Sub-Committee to Restore Rent Control on other recommended amendments to the Tenant Protection Act that would further strengthen the municipality s ability to maintain these standards. (b) Councillor Miller moved that the Clause be amended by adding thereto the following: It is further recommended that City Council request the Province of Ontario to provide a list to the Acting Commissioner of Urban Planning and Development Services of all Orders to Prohibit Rent Increases as at June 17, 1998, by address, and, if possible, the number of relevant City orders to which they were laid. Votes: Motion (b) by Councillor Miller carried. Motion (a) by Councillor Adams carried. Adoption of Clause, as amended: Yes - 34 Councillors: Adams, Ashton, Augimeri, Berardinetti, Bossons, Brown, Cho, Duguid, Filion, Flint, Fotinos, Gardner, Giansante, Holyday, Kelly, King, Korwin-Kuczynski, Layton, Li Preti, Lindsay Luby, McConnell, Miller, Moscoe, O Brien, Ootes, Pantalone, Pitfield, Prue, Rae, Shiner, Silva, Sinclair, Soknacki, Walker No - 0 Carried, without dissent. 10.44 Clause No. 3 of Report No. 3 of The Works Committee, headed Traffic Safety Bureau . Motions: (a) Councillor Flint moved that the Clause be amended: (1) by amending the report dated August 24, 1999, from the Commissioner of Works and Emergency Services, by: (a) amending Appendix D to such report by: (i) deleting from subsection (d), entitled Data Coding Staff (6 positions) , one staff position; (ii) adding thereto a new subsection (e), to read as follows: (e) Community Co-ordinator: A staff position of Community Co-ordinator shall be created whose job shall be to identify and co- ordinate programs and resources of external community groups whose mandate is to improve traffic safety with the Traffic Safety Bureau. ; and (iii) adding the following new subsection (k), under the heading Internal and External Links: : (k) the Traffic Safety Bureau will work in conjunction with various Community Groups, whose mandate is to promote traffic safety. ; and (b) deleting the title, Joint Ventures with Educational Institutions , to Section (6) of Appendix E embodied in such report, and inserting in lieu thereof the following new title: (6) Joint Ventures with Community Groups and Educational Institutions: ; (2) to provide that the matter of the funding for the Traffic Safety Bureau be referred to the Budget Advisory Committee; and (3) by adding thereto the following: It is further recommended that: (a) the Joint Ventures with Community Groups and Educational Institutions shall include, but not be limited to, City Wide Awareness Campaigns to promote traffic safety; and (b) the Commissioner of Works and Emergency Services be requested to submit a report to Council, through the Works Committee, on further ways and means that Community Groups whose mandate is to promote traffic safety can become full partners in the Traffic Safety Bureau. (b) Councillor Chow moved that the Clause be amended by adding thereto the following: It is further recommended that: (1) a copy of this Clause be forwarded to the Pedestrian and Cycling Committees for information and comments; and (2) a formal liaison be established between the City s Pedestrian and Cycling Committees and the Traffic Safety Bureau. (c) Councillor Adams moved that the Clause be amended by adding thereto the following: It is further recommended that the Commissioner of Works and Emergency Services be requested to consult with the General Manager, Ambulance Services, on the usefulness of assessing Ambulance data reports to enhance the accuracy and completeness of collision information. (d) Councillor Bossons moved that Part (1)(a)(i) of motion (a) by Councillor Flint be amended by adding thereto the words on the condition that this does not reduce the budget allocation necessary under Recommendation No. (2) embodied in such report . (e) Councillor Shiner moved that Parts (1)(a)(i) and (ii) of motion (a) by Councillor Flint be referred to the Commissioner of Works and Emergency Services for report thereon to the Budget Advisory Committee at such time as this matter is being considered. Votes: Motion (d) by Councillor Bossons carried. Motion (e) by Councillor Shiner carried. Parts (1)(a)(iii) and (1)(b) of motion (a) by Councillor Flint carried. Part (2) of motion (a) by Councillor Flint carried. Part (3) of motion (a) by Councillor Flint carried. Part (1) of motion (b) by Councillor Chow carried. Part (2) of motion (b) by Councillor Chow carried. Motion (c) by Councillor Adams carried. The Clause, as amended, carried. In summary, Council amended this Clause: (1) by amending the report dated August 24, 1999, from the Commissioner of Works and Emergency Services by: (a) adding to Appendix D embodied in such report, the following new subsection (k), under the heading Internal and External Links: : (k) the Traffic Safety Bureau will work in conjunction with various Community Groups, whose mandate is to promote traffic safety. ; and (b) deleting the title, Joint Ventures with Educational Institutions , to Section (6) of Appendix E embodied in such report, and inserting in lieu thereof the following new title: (6) Joint Ventures with Community Groups and Educational Institutions: ; (2) to provide that the matter of the funding for the Traffic Safety Bureau be referred to the Budget Advisory Committee; and (3) by adding thereto the following: It is further recommended that: (1) the Joint Ventures with Community Groups and Educational Institutions shall include, but not be limited to, City Wide Awareness Campaigns to promote traffic safety; (2) the Commissioner of Works and Emergency Services be requested to consult with the General Manager, Ambulance Services, on the usefulness of assessing Ambulance data reports to enhance the accuracy and completeness of collision information; (3) a formal liaison be established between the City s Pedestrian and Cycling Committees and the Traffic Safety Bureau; (4) the Commissioner of Works and Emergency Services be requested to submit a report to Council, through the Works Committee, on further ways and means that Community Groups whose mandate is to promote traffic safety can become full partners in the Traffic Safety Bureau; (5) a copy of this Clause be forwarded to the Pedestrian and Cycling Committees for information and comments; and (6) the following motion be referred to the Commissioner of Works and Emergency Services for report thereon to the Budget Advisory Committee at such time as this matter is being considered: Moved by Councillor Flint: That Appendix D to the report dated August 24, 1999, from the Commissioner of Works and Emergency Services, be amended by: (a) deleting from subsection (d), entitled Data Coding Staff (6 positions) , one staff position, on the condition that this does not reduce the budget allocation necessary under Recommendation No. (2) embodied in such report; and (b) adding thereto a new subsection (e), to read as follows: (e) Community Co-ordinator: A staff position of Community Co-ordinator shall be created whose job shall be to identify and co- ordinate programs and resources of external community groups whose mandate is to improve traffic safety with the Traffic Safety Bureau. 10.45 Clause No. 12 of Report No. 3 of The Economic Development and Parks Committee, headed Toronto Millennium Commemorative Coin Project . Vote: Adoption of Clause, without amendment: Yes - 36 Mayor: Lastman Councillors: Adams, Ashton, Berger, Bossons, Brown, Chong, Disero, Duguid, Flint, Fotinos, Giansante, Holyday, Jakobek, Jones, Kelly, Korwin-Kuczynski, Layton, Li Preti, Lindsay Luby, Mahood, McConnell, Mihevc, Moscoe, Nunziata, O Brien, Ootes, Pantalone, Pitfield, Prue, Rae, Saundercook, Shiner, Sinclair, Soknacki, Tzekas No - 1 Councillors: Walker Carried by a majority of 35. 10.46 Clause No. 18 of Report No. 3 of The Works Committee, headed Speed Limit on Kipling Avenue, Between Albion Road and Steeles Avenue West . Motion: Councillor Giansante moved that the Clause be struck out and referred to the Commissioner of Works and Emergency Services for further consideration and report thereon to the Works Committee, in order to provide an opportunity for the Ward Councillors to conduct public consultations in this regard. Vote: The motion by Councillor Giansante carried. 10.47 Clause No. 6 of Report No. 5 of The Administration Committee, headed Use of Injunctions to Prevent the Use of Lookalike Tickets . Motion: Councillor Moscoe moved that the Clause be amended by adding thereto the following: It is further recommended that: (1) the City immediately take whatever legal action is required to prevent the issuance of lookalike parking tickets; and (2) the City Solicitor be requested to retain outside legal Counsel, if he is unsure of his ability to vigorously pursue the objective of Council to prevent the issuance of lookalike parking tags. Votes: Adoption of motion by Councillor Moscoe: Yes - 42 Mayor: Lastman Councillors: Altobello, Balkissoon, Berardinetti, Berger, Bossons, Brown, Bussin, Cho, Chong, Chow, Davis, Disero, Duguid, Flint, Fotinos, Giansante, Holyday, Jakobek, Jones, Kelly, Kinahan, King, Layton, Li Preti, Lindsay Luby, Mihevc, Miller, Minnan-Wong, Moscoe, Nunziata, O Brien, Ootes, Pantalone, Pitfield, Prue, Rae, Shiner, Silva, Soknacki, Tzekas, Walker No - 0 Carried, without dissent. The Clause, as amended, carried. 10.48 Clause No. 2 of Report No. 3 of The Works Committee, headed Red Light Enforcement Pilot Project . Vote: Adoption of Clause, without amendment: Yes - 41 Mayor: Lastman Councillors: Adams, Altobello, Balkissoon, Berardinetti, Berger, Bossons, Brown, Bussin, Cho, Chong, Chow, Davis, Disero, Duguid, Flint, Fotinos, Giansante, Holyday, Jakobek, Jones, Kelly, Kinahan, King, Layton, Li Preti, Lindsay Luby, Mihevc, Miller, Minnan-Wong, Moscoe, Nunziata, O Brien, Ootes, Pantalone, Pitfield, Prue, Rae, Saundercook, Silva, Soknacki No - 1 Councillor: Walker Carried by a majority of 40. 10.49 Clause No. 4 of Report No. 3 of The Works Committee, headed City of Toronto Boundary Identification Signs . Motions: (a) Councillor Adams moved that the Clause be amended by adding thereto the following: It is further recommended that the Commissioner of Works and Emergency Services be requested to review the possibility of the installation of separate sets of signs to indicate the basic speed limit and the basic parking limit and report thereon to the Works Committee. (b) Councillor Moscoe moved that the Clause be amended by adding thereto the following: It is further recommended that the policy of the City of Toronto shall be to prohibit the attachment of advertising material, in any form, to the boundary identification signs. (c) Councillor Lindsay Luby moved that the Clause be amended by amending Recommendation No. (1) of the Works Committee by: (a) deleting, after the words to include , the word only ; and (b) deleting, after the words the wordmark Toronto , the word without , so that such recommendation shall now read as follows: (1) again recommends the adoption of the report dated June 17, 1999, from the Commissioner of Works and Emergency Services, embodied in Clause No. 2 of Report No. 2 of The Works Committee, entitled City of Toronto Boundary Identification Signs , subject to amending the perimeter and traffic regulation signs to include the wordmark Toronto with the logo; . (d) Councillor Pitfield moved that the Clause be amended: (1) by deleting Recommendation No. (2)(i) of the Works Committee, viz.: (i) that the signs never be sold; , and inserting in lieu thereof the following new Recommendation No. (2)(i): (i) that the signs identifying the former Area Municipalities be returned to the respective Community Councils for a decision on their disposition; ; and (2) to provide that, within the boundaries of the City of Toronto, signs be replaced with signs using the words Welcome to the Community of Etobicoke (East York, North York, York, Scarborough, Toronto) - Proud to be a Part of the City of Toronto , or words of a similar nature. (e) Councillor Korwin-Kuczynski moved that the Clause be amended by adding thereto the following: It is further recommended that a complete set of signs from the former Area Municipalities be placed in the archives of the City of Toronto. (f) Councillor Bossons moved that motion (e) by Councillor Korwin-Kuczynski be amended by adding thereto the words such signs to be bronzed . (g) Councillor Mihevc moved that the Clause be amended by adding thereto the following: It is further recommended that the Community Councils be given authority to add community identification signs that may have historical or community significance, such signs to include not only the names of former municipalities but also communities/neighbourhoods, as defined by the Community Councils, such signs not to be located at Toronto s boundaries, but within the City limits. Votes: Adoption of motion (c) by Councillor Lindsay Luby: Yes - 38 Mayor: Lastman Councillors: Adams, Altobello, Ashton, Berardinetti, Berger, Brown, Bussin, Cho, Chong, Chow, Davis, Disero, Duguid, Flint, Gardner, Giansante, Holyday, Jakobek, Jones, Kelly, King, Korwin-Kuczynski, Layton, Lindsay Luby, Mahood, McConnell, Mihevc, Moscoe, Nunziata, O Brien, Ootes, Pitfield, Prue, Saundercook, Shaw, Silva, Soknacki No - 9 Councillors: Bossons, Kinahan, Li Preti, Miller, Pantalone, Rae, Shiner, Sinclair, Walker Carried by a majority of 29. Adoption of Part (1) of motion (d) by Councillor Pitfield: Yes - 32 Councillors: Adams, Altobello, Berger, Bossons, Brown, Bussin, Cho, Chow, Duguid, Flint, Giansante, Holyday, Jones, Kelly, Kinahan, King, Korwin-Kuczynski, Li Preti, Mahood, McConnell, Mihevc, Miller, Nunziata, Ootes, Pantalone, Pitfield, Prue, Saundercook, Silva, Sinclair, Soknacki, Walker No - 14 Mayor: Lastman Councillors: Ashton, Berardinetti, Chong, Davis, Gardner, Jakobek, Layton, Lindsay Luby, Moscoe, O Brien, Rae, Shaw, Shiner Carried by a majority of 18. Adoption of Part (2) of motion (d) by Councillor Pitfield: Yes - 13 Councillors: Altobello, Bussin, Jones, Li Preti, McConnell, Mihevc, Nunziata, Ootes, Pitfield, Prue, Shaw, Sinclair, Walker No - 33 Mayor: Lastman Councillors: Adams, Ashton, Berardinetti, Berger, Bossons, Brown, Cho, Chong, Chow, Davis, Duguid, Flint, Gardner, Giansante, Holyday, Jakobek, Kelly, Kinahan, King, Korwin-Kuczynski, Layton, Lindsay Luby, Mahood, Miller, Moscoe, O Brien, Pantalone, Rae, Saundercook, Shiner, Silva, Soknacki Lost by a majority of 20. Adoption of motion (g) by Councillor Mihevc: Yes - 28 Councillors: Adams, Altobello, Berger, Bossons, Brown, Bussin, Chow, Flint, Giansante, Holyday, Jones, Kelly, Kinahan, Korwin-Kuczynski, Layton, McConnell, Mihevc, Miller, Nunziata, Ootes, Pitfield, Prue, Rae, Saundercook, Shiner, Sinclair, Soknacki, Walker No - 18 Mayor: Lastman Councillors: Ashton, Berardinetti, Cho, Chong, Davis, Duguid, Gardner, Jakobek, King, Li Preti, Lindsay Luby, Mahood, Moscoe, O Brien, Pantalone, Shaw, Silva Carried by a majority of 10. Motion (b) by Councillor Moscoe carried. Motion (a) by Councillor Adams carried. Councillor Bossons, with the permission of Council, withdrew her motion (f). Motion (e) by Councillor Korwin-Kuczynski carried, without amendment. The Clause, as amended, carried. In summary, Council amended this Clause by: (1) amending Recommendation No. (1) of the Works Committee by: (a) deleting, after the words to include , the word only ; and (b) deleting, after the words the wordmark Toronto , the word without , so that such recommendation shall now read as follows: (1) again recommends the adoption of the report dated June 17, 1999, from the Commissioner of Works and Emergency Services, embodied in Clause No. 2 of Report No. 2 of The Works Committee, entitled City of Toronto Boundary Identification Signs , subject to amending the perimeter and traffic regulation signs to include the wordmark Toronto with the logo; ; (2) deleting Recommendation No. (2)(i) of the Works Committee, viz.: (i) that the signs never be sold; , and inserting in lieu thereof the following new Recommendation No. (2)(i): (i) that the signs identifying the former Area Municipalities be returned to the respective Community Councils for a decision on their disposition; ; and (3) adding thereto the following: It is further recommended that: (a) the policy of the City of Toronto shall be to prohibit the attachment of advertising material, in any form, to the boundary identification signs; (b) the Community Councils be given authority to add community identification signs that may have historical or community significance, such signs to include not only the names of former municipalities but also communities/neighbourhoods, as defined by the Community Councils, such signs not to be located at Toronto s boundaries, but within the City limits; (c) a complete set of signs from the former Area Municipalities be placed in the archives of the City of Toronto; and (d) the Commissioner of Works and Emergency Services be requested to review the possibility of the installation of separate sets of signs to indicate the basic speed limit and the basic parking limit and report thereon to the Works Committee. 10.50 Clause No. 88 of Report No. 12 of The Toronto Community Council, headed Draft By-law - Zoning By-law Amendment - 40 Colgate Avenue, 64 Colgate Avenue, 309 and 355 Logan Avenue (Don River) . Motion: Councillor Layton moved that the Clause be amended by adding thereto the following: It is further recommended that: (1) the Acting Commissioner of Urban Planning and Development Services be requested to undertake further discussion with the Aragon (Logan) Development (Ontario) Corporation to clarify the integration of the proposed public lane between the two sites and the proposed fence; and (2) the approval of the Zoning By-law not constitute an approval of the fence or the laneway arrangements on the eastern perimeter of the development property. Votes: The motion by Councillor Layton carried. The Clause, as amended, carried. 10.51 Clause No. 16 of Report No. 8 of The North York Community Council, headed Zoning Amendment Application UDOZ-97-41 - Costco Canada Limited - South Side of Wilson Avenue, West of Allen Road - North York Spadina . Motion: Councillor Moscoe moved that the Clause be amended by: (1) amending the Operative Paragraph of the Resolution from Councillor Moscoe embodied in Recommendation No. (2) of the North York Community Council by: (a) deleting subsection (d)(iv) of Recommendation II. and inserting in lieu thereof the following new subsection (d)(iv): (iv) building permits for the remaining gross floor area shall be issued only after measures to contain traffic infiltration attributable to the development have been adopted by the City, in consultation with the Ward Councillor(s), at the expense of the applicant; ; and (b) deleting subsection (l) of Recommendation IV. and inserting in lieu thereof the following new subsection (l): (l) as part of the Noise Impact Statement, the sound system shall be evaluated and modified as required by the Director, Community Planning, North District, in consultation with the Ward Councillor(s); ; and (2) deleting subsections (iii), (iv) and (v) in section (g), entitled Gross Floor Area , under the section, entitled Exception Regulations , of the Draft By-law attached to the report dated August 24, 1999, from the Director, Community Planning, North District, and inserting in lieu thereof the following new subsection (g)(iii): (iii) the minimum gross floor area of a retail store shall be 500 square metres. Votes: The motion by Councillor Moscoe carried. The Clause, as amended, carried. 10.52 Clause No. 1 of Report No. 9 of The York Community Council, headed Appeal of Committee of Adjustment Decisions for (1) 20-30 Sandcliffe Road; and (2) 3524 Dundas Street W. Ward 27, York Humber . Motion: Councillor Mihevc moved that the Clause be amended by striking out Recommendation No. (1) of the York Community Council and inserting in lieu thereof the following new Recommendation No. (1): (1) the Director, Community Planning, West District, be authorized, on behalf of Council, to withdraw the appeal of Committee of Adjustment decisions B-39/99YK to B-44/99YK with respect to 20-30 Sandcliffe Road, conditional upon the applicant submitting to the City Solicitor, by October 20, 1999, with each existing tenant evidencing a ten-year lease of the premises currently occupied by the tenant on the terms of the tenant s existing lease, or in a form otherwise satisfactory to the tenant, such lease to be registered on title, to be terminable by the tenant on 60 days notice and to grant to the tenant a right of first refusal to purchase the premises during the term of the lease, all such documentation to be a form and content satisfactory to the Solicitor for each tenant and the City Solicitor. Votes: The motion by Councillor Mihevc carried. The Clause, as amended, carried. Councillor Walker requested that his opposition to this Clause be noted in the Minutes of this meeting. 10.53 Clause No. 20 of Report No. 8 of The North York Community Council, headed Official Plan Amendment Application UDOP-99-21 - Ontario Municipal Board Appeals - Glenarda Properties Ltd. - 20 Bond Avenue - Retention of Outside Consultant with Financial Expertise - Don Parkway . Motion: Councillor Minnan-Wong moved that the Clause be amended by deleting Recommendation No. (3) embodied in the joint report dated September 13, 1999, from the Commissioner of Economic Development, Culture and Tourism and the City Solicitor, viz.: (3) this report be referred to the Policy and Finance Committee for consideration. Votes: The motion by Councillor Minnan-Wong carried. The Clause, as amended, carried. 10.54 Clause No. 13 of Report No. 3 of The Economic Development and Parks Committee, headed Main Street Ontario Grant Application . Motion: Councillor Disero moved that the Clause be amended by adding thereto the following: It is further recommended that: (1) the grants offered to the departments and agencies listed in Recommendation No. (1) of the Millennium Task Force embodied in the report dated September 9, 1999, from the City Clerk, be awarded on the basis that the enhancement of programs for the Millennium does not require a permanent or implied increase in operating or program funding to support legacies; such grants to be on a one-time only basis; and (2) in order that the City can be confident that the monies awarded will be spent appropriately, the grants offered to the agencies or partners with the City listed in Recommendation No. (1) of the Millennium Task Force embodied in the report dated September 9, 1999, from the City Clerk, be awarded subject to the conditions that those agencies or partners are bona fide organizations, which: (a) have the capacity to administer funding appropriately; and (b) do not carry out any improvements on private property which are duplicate to or substitute for works required as a condition of development approval, in particular, the grants provided to Destination Carlaw and Holiday House Renovation. Votes: The motion by Councillor Disero carried. The Clause, as amended, carried. 10.55 Clause No. 11 of Report No. 3 of The Works Committee, headed Small Business User Fee Education Program . Motion: Councillor Miller moved that the Clause be amended by adding thereto the following: It is further recommended that: (1) the Commissioner of Works and Emergency Services be requested to submit a report to the Works Committee on revised methods of charging user fees, including the possibility of charging restaurants based on their licensed capacity under the Alcohol and Gaming Commission of Ontario; and (2) future communications be revised to be consistent with the original direction of City Council. Votes: The motion by Councillor Miller carried. The Clause, as amended, carried. 10.56 Clause No. 24 of Report No. 8 of The North York Community Council, headed Other Items Considered by the Community Council . Motion: Councillor Berardinetti moved that, notwithstanding subsection 127(5) of the Council Procedural By-law, the Clause be received as information, subject to striking out and referring Item (h), entitled Harmonization of Sign By-law , embodied therein, to the Community Councils for further consideration and report thereon to the Planning and Transportation Committee for its meeting to be held on November 1, 1999. Votes: The motion by Councillor Berardinetti carried, more than two-thirds of Members present having voted in the affirmative. The Clause, as amended, was received as information. 10.57 Clause No. 2 of Report No. 5 of The Administration Committee, headed Code of Conduct for Members of Council Inclusive of Lobbyist Provisions . Motions: (a) Councillor Kinahan moved that the Clause be amended by adding thereto the following: It is further recommended that the Striking Committee be requested to submit a report to the next meeting of City Council to be held on October 26, 1999, outlining recommendations for appointment to the Ethics Steering Committee. (b) Councillor Mihevc moved that the Clause be amended by adding thereto the following: It is further recommended that the Code of Conduct include a provision to preclude any Consultant Lobbyists , Corporate In-House Lobbyists and Organization In-House Lobbyists from serving as a City appointee on any City agency, board or commission. (c) Councillor Moscoe moved that the Clause be amended by amending Recommendation No. (3) embodied in the report dated June 29, 1999, from the Chief Administrative Officer, as amended by the Administration Committee, to read as follows: (3) the Code of Conduct apply to Council and all other appointments to City agency, boards and commissions, subject to any necessary (legal) modification, as described in Section XIII of the Code of Conduct, including the Toronto Police Services Board and Boards of Directors of City-controlled corporations; . (d) Councillor Fotinos moved that motions (b) and (c), by Councillors Mihevc and Moscoe, respectively, be referred to the Chief Administrative Officer for further consideration in conjunction with the preparation of Terms of Reference for a Lobbyist Registration Process, following consultation with Members of Council. (e) Councillor Gardner moved that the Clause be struck out and referred back to the Administration Committee for further consideration, together with all motions moved by Members of Council. (f) Councillor Miller moved that the Clause be amended by deleting the words or is authorized to refuse disclosure of , as embodied in the first paragraph of Section III of Attachment 1, and inserting in lieu thereof the words or required to refuse to disclose , so that such paragraph shall now read as follows: III. Confidential Information: Confidential information includes information in the possession of the City which the City is either prohibited from disclosing, or required to refuse to disclose, under the Municipal Freedom of Information and Protection of Privacy Act, (MFIPPA) or other legislation. Generally, MFIPPA restricts or prohibits disclosure of information received in confidence from third parties of a corporate, commercial, scientific or technical nature, information that is personal, and information that is subject to solicitor- client privilege. Permission to Withdraw Motion: Councillor Gardner, with the permission of Council, withdrew his motion (e). Votes: Adoption of motion (d) by Councillor Fotinos, insofar as it pertains to the referral of motion (b) by Councillor Mihevc: Yes - 29 Mayor: Lastman Councillors: Adams, Augimeri, Berardinetti, Cho, Chong, Chow, Duguid, Feldman, Filion, Flint, Fotinos, Johnston, Jones, Kinahan, Korwin-Kuczynski, Mahood, Mihevc, Miller, Moscoe, Nunziata, Pantalone, Rae, Shaw, Shiner, Silva, Sinclair, Tzekas, Walker No - 21 Councillors: Altobello, Balkissoon, Berger, Bossons, Brown, Bussin, Disero, Giansante, Holyday, Jakobek, Kelly, Layton, Li Preti, Lindsay Luby, McConnell, O Brien, Ootes, Pitfield, Prue, Saundercook, Soknacki Carried by a majority of 8. Adoption of motion (d) by Councillor Fotinos, insofar as it pertains to the referral of motion (c) by Councillor Moscoe: Yes - 25 Councillors: Berardinetti, Berger, Cho, Chong, Chow, Duguid, Feldman, Flint, Fotinos, Holyday, Johnston, Kinahan, King, Korwin-Kuczynski, Layton, Mahood, Ootes, Rae, Saundercook, Shaw, Shiner, Silva, Sinclair, Soknacki, Tzekas No - 25 Mayor: Lastman Councillors: Adams, Altobello, Augimeri, Balkissoon, Bossons, Brown, Bussin, Disero, Filion, Giansante, Jakobek, Jones, Kelly, Li Preti, Lindsay Luby, McConnell, Mihevc, Miller, Moscoe, Nunziata, O Brien, Pitfield, Prue, Walker Lost, there being an equal division of votes. Adoption of motion (c) by Councillor Moscoe: Yes - 27 Councillors: Adams, Augimeri, Balkissoon, Bossons, Bussin, Chong, Chow, Filion, Holyday, Johnston, Jones, Kinahan, Layton, Mahood, McConnell, Mihevc, Miller, Moscoe, Nunziata, O Brien, Pantalone, Rae, Shiner, Sinclair, Soknacki, Tzekas, Walker No - 24 Mayor: Lastman Councillors: Altobello, Berardinetti, Berger, Brown, Cho, Disero, Duguid, Feldman, Flint, Fotinos, Giansante, Li Preti, Jakobek, Kelly, King, Korwin-Kuczynski, Lindsay Luby, Ootes, Pitfield, Prue, Saundercook, Shaw, Silva Carried by a majority of 3. Motion (f) by Councillor Miller carried. Motion (a) by Councillor Kinahan carried. Adoption of Clause, as amended: Yes - 44 Mayor: Lastman Councillors: Adams, Altobello, Augimeri, Berardinetti, Bossons, Brown, Bussin, Cho, Chong, Chow, Duguid, Feldman, Filion, Fotinos, Holyday, Jakobek, Johnston, Jones, Kelly, Kinahan, Korwin-Kuczynski, Layton, Li Preti, Lindsay Luby, Mahood, McConnell, Mihevc, Miller, Moscoe, Nunziata, O Brien, Ootes, Pantalone, Pitfield, Prue, Rae, Shaw, Shiner, Silva, Sinclair, Soknacki, Tzekas, Walker No - 7 Councillors: Balkissoon, Berger, Disero, Flint, Giansante, King, Saundercook Carried by a majority of 37. In summary, Council amended this Clause by: (1) deleting the words or is authorized to refuse disclosure of , as embodied in the first paragraph of Section III of Attachment 1, and inserting in lieu thereof the words or required to refuse to disclose , so that such paragraph shall now read as follows: III. Confidential Information: Confidential information includes information in the possession of the City which the City is either prohibited from disclosing, or required to refuse to disclose, under the Municipal Freedom of Information and Protection of Privacy Act, (MFIPPA) or other legislation. Generally, MFIPPA restricts or prohibits disclosure of information received in confidence from third parties of a corporate, commercial, scientific or technical nature, information that is personal, and information that is subject to solicitor- client privilege. ; (2) amending Recommendation No. (3) embodied in the report dated June 29, 1999, from the Chief Administrative Officer, as amended by the Administration Committee, to read as follows: (3) the Code of Conduct apply to Council and all other appointments to City agency, boards and commissions, subject to any necessary (legal) modification, as described in Section XIII of the Code of Conduct, including the Toronto Police Services Board and Boards of Directors of City-controlled corporations; ; and (3) adding thereto the following: It is further recommended that: (a) the Striking Committee be requested to submit a report to the next meeting of City Council to be held on October 26, 1999, outlining recommendations for appointment to the Ethics Steering Committee; and (b) the following motion be referred to the Chief Administrative Officer for further consideration in conjunction with the preparation of Terms of Reference for a Lobbyist Registration Process, following consultation with Members of Council: Moved by Councillor Mihevc: It is further recommended that the Code of Conduct include a provision to preclude any Consultant Lobbyists , Corporate In-House Lobbyists and Organization In-House Lobbyists from serving as a City appointee on any City agency, board or commission. 10.58 Clause No. 8 of Report No. 3 of The Works Committee, headed 118R Clinton Street - Water Servicing Charges (Ward 20, Trinity-Niagara) . Motion: Councillor Silva moved that the Clause be amended by striking out Recommendation No. (3) embodied in the report dated July 27, 1999, from the Commissioner of Works and Emergency Services, and inserting in lieu thereof the following: (3) the City immediately reimburse Ms. Astra Burka, owner of 118R Clinton Street, for the costs she incurred in constructing water infrastructure to service her property, in the amount of $16,160.00, in lieu of any monies recaptured through this new cost recovery program, and that adjacent property owners, who subsequently connect to the water services, make their contribution to the City in accordance with the proposed servicing cost recovery policy; . Ruling by Deputy Mayor: Councillor Shiner requested the Deputy Mayor to rule whether consideration of the motion by Councillor Silva would require a re-opening of the previous decision of Council pertaining to the policy in this regard. The Deputy Mayor ruled that consideration of the motion by Councillor Silva would require a re-opening of the previous decision of Council pertaining to the policy in this regard. Motion to re-open: Councillor Silva, at 11:53 a.m. on Wednesday, September 29, 1999, with the permission of Council, moved that, in accordance with Section 46 of the Council Procedural By-law, the previous decision of Council pertaining to the policy of Council related to the charges for water services be re-opened for further consideration, the vote upon which was taken as follows: Yes - 15 Councillors: Bussin, Cho, Disero, Fotinos, Jones, Kinahan, Layton, McConnell, Nunziata, Ootes, Pantalone, Rae, Silva, Sinclair, Walker No - 24 Councillors: Altobello, Ashton, Balkissoon, Berger, Bossons, Brown, Chong, Chow, Feldman, Gardner, Giansante, Holyday, Kelly, King, Li Preti, Lindsay Luby, Mihevc, Minnan-Wong, Moscoe, Pitfield, Prue, Saundercook, Shiner, Soknacki Lost, less than two-thirds of Members present having voted in the affirmative. Ruling by Deputy Mayor: Deputy Mayor Ootes, having regard to the foregoing decision of Council, ruled the motion by Councillor Silva out of order. Vote: The Clause carried, without amendment. Advice of City Clerk: The City Clerk at 2:30 p.m. on Thursday, September 29, 1999, advised the Council that, based on further review of this matter, consideration of the motion by Councillor Silva did not require a re-opening of the previous decision of Council pertaining to the policy in this regard and, therefore, the motion by Councillor Silva was properly before Council. Having regard therefor, Council re-opened consideration of this Clause. Motions: (a) Councillor Silva moved that the Clause be amended by striking out Recommendation No. (3) embodied in the report dated July 27, 1999, from the Commissioner of Works and Emergency Services, and inserting in lieu thereof the following: (3) the City immediately reimburse Ms. Astra Burka, owner of 118R Clinton Street, for the costs she incurred in constructing water infrastructure to service her property, in the amount of $16,160.00, in lieu of any monies recaptured through this new cost recovery program, and that adjacent property owners, who subsequently connect to the water services, make their contribution to the City in accordance with the proposed servicing cost recovery policy; . (b) Councillor Moscoe moved that motion (a) by Councillor Silva be referred to the Works Committee for further consideration. Votes: Adoption of motion (b) by Councillor Moscoe: Yes - 14 Councillors: Adams, Altobello, Ashton, Balkissoon, Berger, Filion, Flint, Johnston, Jones, Kinahan, Korwin-Kuczynski, Moscoe, Ootes, Sgro No - 29 Councillors: Berardinetti, Bossons, Brown, Chong, Disero, Duguid, Feldman, Gardner, Giansante, Holyday, Kelly, King, Lindsay Luby, Mahood, McConnell, Mihevc, Miller, Nunziata, O Brien, Pantalone, Pitfield, Prue, Rae, Saundercook, Shaw, Shiner, Silva, Soknacki, Walker Lost by a majority of 15. Adoption of motion (a) by Councillor Silva, without amendment: Yes - 19 Councillors: Adams, Chong, Disero, Filion, Johnston, Kinahan, Korwin-Kuczynski, Lindsay Luby, McConnell, Mihevc, Miller, Moscoe, Nunziata, Ootes, Pantalone, Sgro, Shaw, Silva, Walker No - 24 Councillors: Altobello, Ashton, Balkissoon, Berardinetti, Berger, Bossons, Brown, Duguid, Feldman, Flint, Gardner, Giansante, Holyday, Jones, Kelly, King, Mahood, O Brien, Pitfield, Prue, Rae, Saundercook, Shiner, Soknacki Lost by a majority of 5. The Clause carried, without amendment. 10.59 Clause No. 12 of Report No. 3 of The Works Committee, headed Pilot Battery Collection Program at City Hall . Motions: Councillor Adams moved that the Clause be amended by adding thereto the following: It is further recommended that the Commissioner of Works and Emergency Services be requested to submit a report to Council, through the Works Committee, on options for a more aggressive program to collect hazardous household waste, including batteries. Votes: The motion by Councillor Adams carried. The Clause, as amended, carried. 10.60 Clause No. 21 of Report No. 5 of The Administration Committee, headed Other Items Considered by the Committee . Motion: Councillor Balkissoon moved that the Clause be received as information, subject to striking out and referring Item (e), entitled Relocation of Lottery Licensing Staff (Scarborough) to York Civic Centre , embodied therein, back to the Administration Committee for further consideration. Votes: Adoption of motion by Councillor Balkissoon: Yes - 27 Councillors: Altobello, Balkissoon, Berger, Bossons, Brown, Cho, Chong, Chow, Duguid, Feldman, Filion, Flint, Gardner, Giansante, Johnston, Jones, King, Mahood, Minnan-Wong, Ootes, Pitfield, Rae, Saundercook, Shiner, Sinclair, Soknacki, Walker No - 13 Councillors: Adams, Ashton, Bussin, Disero, Fotinos, Holyday, Jakobek, Kelly, Li Preti, Lindsay Luby, McConnell, Nunziata, Prue Carried by a majority of 14. The Clause, as amended, was received as information. 10.61 Clause No. 23 of Report No. 11 of The Scarborough Community Council, headed Other Items Considered by the Community Council . Motion: Councillor Balkissoon moved that, notwithstanding subsection 127(5) of the Council Procedural By-law, the Clause be received as information, subject to striking out and referring Item (w), entitled Relocation of Lottery Licensing Staff to York Civic Centre , embodied therein, to the Administration Committee for further consideration. Votes: Adoption of motion by Councillor Balkissoon: Yes - 27 Councillors: Altobello, Balkissoon, Berger, Bossons, Brown, Cho, Chong, Chow, Duguid, Feldman, Filion, Flint, Gardner, Giansante, Johnston, Jones, King, Mahood, Minnan-Wong, Ootes, Pitfield, Rae, Saundercook, Shiner, Sinclair, Soknacki, Walker No - 13 Councillors: Adams, Ashton, Bussin, Disero, Fotinos, Holyday, Jakobek, Kelly, Li Preti, Lindsay Luby, McConnell, Nunziata, Prue Carried, more than two-thirds of Members present having voted in the affirmative. The Clause, as amended, was received as information. 10.62 Clause No. 14 of Report No. 11 of The Scarborough Community Council, headed Preliminary Evaluation Report, Official Plan Amendment Application SC-P1999009, Zoning By-law Amendment Application SC-Z1999035, Draft Plan of Subdivision Application SC-T1999012, McAsphalt Industries Limited and Rouge River Business Park Limited, 8800 Sheppard Avenue East, Rouge Employment District, Ward 18 - Scarborough Malvern . Motion: Councillor Cho moved that the Clause be amended to provide that: (1) the Commissioners of Urban Planning and Development Services and Economic Development, Culture and Tourism, and the Chief Financial Officer and Treasurer be requested to undertake an economic and financial impact study on the loss of employment lands, on the assessment and employment base of the City; and (2) the Terms of Reference be prepared prior to November 9, 1999; and (3) this application not be considered until the study is complete. Ruling by Deputy Mayor: Deputy Mayor Ootes, having regard to the nature of the motion by Councillor Cho, ruled such motion out of order. Vote: The Clause carried, without amendment. 10.63 Clause No. 66 of Report No. 12 of The Toronto Community Council, headed Tree Removal - 460 Balliol Street (North Toronto) . Motions: (a) Councillor Walker moved that the Clause be amended by striking out the recommendation of the Toronto Community Council and inserting in lieu thereof the following: It is recommended that City Council issue a permit for tree removal at 460 Balliol Street. (b) Councillor Pantalone moved that the Clause be struck out and referred back to the Toronto Community Council for further consideration. Vote: Adoption of motion (b) by Councillor Pantalone: Yes - 25 Councillors: Altobello, Ashton, Berger, Bossons, Chong, Chow, Disero, Feldman, Filion, Gardner, Holyday, Jones, Kelly, Kinahan, King, Lindsay Luby, Mahood, McConnell, Minnan-Wong, Moscoe, Ootes, Pantalone, Prue, Rae, Soknacki No - 13 Councillors: Balkissoon, Brown, Flint, Fotinos, Giansante, Jakobek, Johnston, Korwin-Kuczynski, Miller, Nunziata, Pitfield, Sinclair, Walker Carried by a majority of 12. Having regard to the foregoing decision of Council, motion (a) by Councillor Walker, was not put to a vote. 10.64 Clause No. 67 of Report No. 12 of The Toronto Community Council Committee, headed Tree Removal - 126-128 Kilbarry Road (Midtown) . Having regard that the Clause was submitted without recommendation: Motion: Councillor Adams moved that Council adopt the following recommendations: It is recommended that: (1) City Council issue a permit for tree removal, conditional on the applicant agreeing to plant five replacement trees on the property, to the satisfaction of the Commissioner of Economic Development, Culture and Tourism; and (2) the applicant be required to make a contribution of $1,500.00 to the City Urban Forestry Program for the planting of three trees on the municipal right-of-way in the neighbourhood. Votes: The motion by Councillor Adams carried. The Clause, as amended, carried. 10.65 Clause No. 9 of Report No. 9 of The East York Community Council, headed Application to Amend Zoning By-law No. 1916 Regarding 206 Laird Drive and 186 Parkhurst Boulevard . Councillor Chong in the Chair. Motions: (a) Councillor Prue moved that the Clause be amended by deleting from Recommendation No. (1) of the East York Community Council the words and punctuation three- storey, , so that such recommendation shall now read as follows: (1) approve the application by LZA Architect, as amended, to amend Zoning By-law No. 1916 to permit a mixed use residential and commercial building with an appropriate number of residential apartment units and 478 square metres of commercial gross floor area at 206 Laird Drive and 186 Parkhurst Boulevard; . Deputy Mayor Ootes in the Chair. (b) Councillor Rae moved that the Clause be amended to provide that: (1) the density be reduced from 44 units to 33 units; and (2) no further notice be given to give effect thereto. Votes: Adoption of motion (b) by Councillor Rae: Yes - 38 Councillors: Altobello, Balkissoon, Berardinetti, Berger, Bossons, Brown, Cho, Chong, Disero, Duguid, Feldman, Filion, Flint, Gardner, Giansante, Holyday, Johnston, Jones, Kelly, Kinahan, King, Korwin-Kuczynski, Layton, Lindsay Luby, Mahood, Mihevc, Nunziata, O Brien, Ootes, Pitfield, Prue, Saundercook, Shaw, Shiner, Silva, Sinclair, Soknacki, Walker No - 8 Councillors: Adams, Ashton, McConnell, Miller, Moscoe, Pantalone, Rae, Sgro Carried by a majority of 30. Motion (a) by Councillor Prue carried. The Clause, as amended, carried. 10.66 IN-CAMERA MEETING SESSIONS OF THE COMMITTEE OF THE WHOLE September 28, 1999: Motion: Deputy Mayor Ootes, at 6:35 p.m., moved that Council now resolve itself into Committee of the Whole in the Council Chamber and then recess to meet privately to consider the following confidential matters on the Order Paper for this meeting of Council, in accordance with the provisions of the Municipal Act: (a) Clause No. 1 of Report No. 5 of The Administration Committee, headed Request for Proposal for the Acquisition of 2,000 Optical Scan Vote Tabulators and 100 Touch Screen Voting Units ; and (b) Clause No. 22 of Report No. 3 of The Works Committee, headed Hired Loaders, Ploughs, and Tractors for Winter Services, District One, for the Period December 1, 1999, to March 31, 2003 - Contracts Nos. T-68-99, T-69-99, T-70-99 and T-72- 99(East York, High Park, Trinity Niagara, Davenport, North Toronto, Midtown, Downtown, Don River, East Toronto, York Humber and York Eglinton) . Vote: The motion by Deputy Mayor Ootes carried. Council resolved itself into Committee of the Whole. Committee of the Whole recessed to meet privately in the Council Chamber to consider the above matters, in accordance with the provisions of the Municipal Act. Committee of the Whole rose, reconvened as Council at 7:52 p.m., and met in public session in the Council Chamber. Deputy Mayor Ootes took the Chair and called the Members to order. 10.67 Clause No. 1 of Report No. 5 of The Administration Committee, headed Request for Proposal for the Acquisition of 2,000 Optical Scan Vote Tabulators and 100 Touch Screen Voting Units . Motion: Deputy Mayor Ootes, in accordance with the provisions of the Municipal Act, reported that the following motion had been moved in Committee of the Whole for consideration by Council in conjunction with the Clause: Moved by Councillor Berardinetti: That the Clause be amended by adding thereto the following: It is further recommended that: (1) the City Clerk be directed to include in the negotiations with the successful proponent, the subletting of voting equipment to other interested parties; such subletting to be supervised by City of Toronto staff to ensure the proper use of the equipment, and to be at a profit; (2) the report dated September 22, 1999, from the City Clerk, entitled Request for Proposal for the Acquisition of Optical Scan Vote Tabulators and Touch Screen Voting Units , be received; (3) the copy of the Request for Proposal, Procurement No: FA.49.089-99 for the Supply and Delivery of an Integrated Election Management System, issued by the Corporation of the City of Mississauga, and forwarded to Council by the City Auditor, as directed by the Audit Committee, be received; and (4) the communication dated September 27, 1999, from the City Clerk, forwarding the recommendations of the Audit Committee with respect to the Request for Proposal for the acquisition of Optical Scan Vote Tabulators and Touch Screen Voting Units, be received. Votes: Adoption of motion by Councillor Berardinetti: Yes - 36 Mayor: Lastman Councillors: Balkissoon, Berardinetti, Berger, Bossons, Cho, Chong, Chow, Disero, Duguid, Flint, Fotinos, Gardner, Giansante, Holyday, Jakobek, Kelly, King, Korwin-Kuczynski, Layton, Lindsay Luby, Mihevc, Miller, Moscoe, Nunziata, O Brien, Ootes, Pantalone, Prue, Rae, Saundercook, Shaw, Shiner, Silva, Sinclair, Soknacki No - 4 Councillors: Adams, Bussin, McConnell, Walker Carried by a majority of 32. Adoption of Clause, as amended: Yes - 34 Mayor: Lastman Councillors: Balkissoon, Berardinetti, Berger, Bossons, Cho, Chong, Chow, Disero, Duguid, Flint, Fotinos, Gardner, Giansante, Holyday, Jakobek, Kelly, King, Korwin-Kuczynski, Layton, Lindsay Luby, Mihevc, Moscoe, Nunziata, Ootes, Pantalone, Prue, Rae, Saundercook, Shaw, Shiner, Silva, Sinclair, Soknacki No - 5 Councillors: Adams, Bussin, McConnell, O Brien, Walker Carried by a majority of 29. 10.68 Clause No. 22 of Report No. 3 of The Works Committee, headed Hired Loaders, Ploughs, and Tractors for Winter Services, District One for the Period December 1, 1999 to March 31, 2003 - Contracts Nos. T-68-99, T-69-99, T-70-99 and T-72-99 (East York, High Park, Trinity Niagara, Davenport, North Toronto, Midtown, Downtown, Don River, East Toronto, York Humber and York Eglinton) . Deputy Mayor Ootes advised that City Council at its in-camera meeting held on September 28, 1999, issued confidential instructions to staff, such instructions to remain confidential in accordance with the provisions of the Municipal Act. Motion: Councillor Miller moved that the Clause be amended 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 Works Committee on the dates of the contracts in time for next year s contracts. Votes: The motion by Councillor Miller carried. The Clause, as amended, carried. September 29, 1999: Motion: Councillor Kelly at 2:40 p.m., moved that Council now resolve itself into Committee of the Whole in the Council Chamber and then recess to meet privately to consider the following confidential matters remaining on the Order Paper for this meeting of Council, in accordance with the provisions of the Municipal Act: (a) Clause No. 17 of Report No. 7 of The Policy and Finance Committee, headed Reporting on Time-Critical Telecommunications Matters ; (b) Clause No. 19 of Report No. 7 of The Policy and Finance Committee, headed Toronto District Heating Corporation (TDHC) Proposed Shareholder Agreement ; and (c) Clause No. 17 of Report No. 8 of The North York Community Council, headed Official Plan and Zoning Amendment Application UDOZ-95-19 and Plan of Subdivision Application UDSB-1224 - Greatwise Developments Corporation - 305-308 Poyntz Avenue and 314-317 and 325 Bogert Avenue - North York Centre . Vote: The motion by Councillor Kelly carried. Council resolved itself into Committee of the Whole. Committee of the Whole recessed to meet privately in the Council Chamber to consider the above matters, in accordance with the provisions of the Municipal Act. Committee of the Whole rose, reconvened as Council at 4:15 p.m., and met in public session in the Council Chamber. Deputy Mayor Ootes took the Chair and called the Members to order. 10.69 Clause No. 17 of Report No. 7 of The Policy and Finance Committee, headed Reporting on Time-Critical Telecommunications Matters . Motions: Deputy Mayor Ootes, in accordance with the provisions of the Municipal Act, reported that the following motions had been moved in Committee of the Whole for consideration by Council in conjunction with the Clause: Having regard that the Clause was submitted without recommendation: (a) Councillor Adams moved that Council adopt the following recommendations: It is recommended that: (1) the confidential report dated September 27, 1999, from the Commissioner of Works and Emergency Services, be adopted, subject to amending Provision No. (12) of the Standard Form Municipal Access Agreement (MAA) by inserting, after the words Federation of Canadian Municipalities , the words Association of Municipalities of Ontario , such report to remain confidential in accordance with the provisions of the Municipal Act, save and except the following recommendations embodied therein: It is recommended that: (1) approval be granted for the use of a Municipal Access Agreement ( MAA ) generally in the form described in this report and such other terms and conditions as may be satisfactory to the Commissioner of Works and Emergency Services and in a form satisfactory to the City Solicitor, which shall be used in negotiations with qualified individuals or companies wishing to access public street allowances for the purposes of installing, maintaining and operating telecommunications systems, subject always to the City s requirements and permissions for construction within the street allowance; (2) should Council decide to include a definition of cable in the MAA, then such definition refer to a diameter of 1 inch; (3) City Council state its intention to seek Access Agreements in due course with the incumbent local telephone carrier, national telecommunications providers, cable TV companies and any other party which may maintain and operate existing telecommunications networks within public highways; (4) authorization be granted for the introduction of a Bill to repeal Chapter 323, Telecommunications Cable and Ancillary Equipment, of the Municipal Code of the former City of Toronto and replace it on a city-wide basis with a by-law in substantially the form attached to this report as Appendix A to regulate the installation, maintenance and operation of telecommunications equipment in City streets by requiring the consent and permission of the City to undertake such activities; and (5) the appropriate City Officials be authorized to take the necessary steps to implement the foregoing, including the introduction in Council of any Bills that may be required. ; (2) the Commissioner of Works and Emergency Services be requested to submit a further report to the Telecommunications Steering Committee on specific details of the Standard Form Municipal Access Agreement for possible refinements; (3) the one-time funds received from Standard Form Municipal Access Agreements be set aside in a new Reserve Fund, entitled Telecommunications Development , for the purpose of funding initiatives that further develop the City of Toronto s strategy with respect to telecommunications matters, and the Chief Financial Officer and Treasurer be requested to take whatever action deemed necessary to give effect thereto; (4) the Standard Form Municipal Access Agreement (MAA) and the Specific MAA with GT Group Telecom include a $50,000.00 one-time processing fee relating to negotiations, preparation and administration of the agreement; (5) in the event that any application is made to the Canadian Radio-Television and Telecommunications Commission (CRTC) relating to the use of City roads or other property under the jurisdiction of the City of Toronto, the City Solicitor be authorized to participate in the CRTC proceeding to protect the City s interests and to retain outside counsel and other experts, if deemed desirable, funding therefor to be allocated from the Corporate Contingency Account; (6) the Telecommunications Steering Committee be authorized to draw up to $100,000.00 from the Corporate Contingency Account for Telecommunications Steering Committee purposes; (7) the confidential report dated September 28, 1999, from the Commissioner of Works and Emergency Services, be adopted, such report to remain confidential in accordance with the provisions of the Municipal Act, save and except the following recommendations embodied therein: It is recommended that: (1) authorization be granted to enter into an agreement with Stream Intelligent Networks Corp. to install conduits and fibre optic cable laterally across various City of Toronto streets within the underground PATH system in the downtown core, subject to the applicant or a successor or assign as approved by the Commissioner of Works and Emergency Services providing the written consent of the tunnel owners and entering into an agreement with the City containing terms and conditions generally as set out in this report, and such other terms and conditions as may be satisfactory to the Commissioner of Works and Emergency Services and City Solicitor; (2) the offer of Stream Intelligent Networks Corp. to provide the City with 12 strands of dark fibre for its own use be accepted; and should Council decide to include a definition of cable , then such definition refer to a diameter of one inch; and (3) the appropriate City officials be authorized and directed to take the necessary action to give effect thereto. ; (8) the confidential report dated September 28, 1999, from the Commissioner of Works and Emergency Services, be adopted, such report to remain confidential in accordance with the provisions of the Municipal Act, save and except the following recommendations embodied therein: It is recommended that: (1) the application by Ledcor Communications Ltd. (or its Corporate Affiliate Worldwide Fiber (F.O.T.S.) Ltd.) ( Ledcor ) to install conduits and fibre optic cable laterally across various City of Toronto streets be authorized subject to the applicant (or its successor or assign approved by the Commissioner of Works and Emergency Services) entering into an agreement with the City containing terms and conditions generally as set out in this report and such other terms and conditions as may be satisfactory to the Commissioner of Works and Emergency Services and City Solicitor; (2) the Commissioner of Works and Emergency Services and the City Solicitor be authorized to negotiate and finalize any outstanding issues with Ledcor; and (3) the appropriate City officials be authorized and directed to take the necessary action to give effect thereto. ; (9) the confidential report dated September 27, 1999, from the Commissioner of Works and Emergency Services, embodying the following recommendations, be adopted: It is recommended that: (1) authorization be granted to enter into an MAA with GT Group Telecom Inc. or a successor or assign approved by the Commissioner of Works and Emergency Services to allow the Company to enter upon the public highways under the jurisdiction of the City of Toronto for the purposes of installing, maintaining and operating a fibre optic telecommunications network throughout the City, subject always to the City s requirements and permissions for construction within the street allowance; (2) that the MAA generally contain such terms and conditions as have been negotiated between the parties and as generally contained in the City s Standard Form MAA, and approved by City Council, and such other terms and conditions as may be satisfactory to the Commissioner of Works and Emergency Services and the City Solicitor; and (3) the appropriate City Officials be authorized to take the necessary steps to implement the foregoing, including the introduction in Council of any Bills that may be required. ; (10) Recommendations Nos. (A)(1), (A)(2) and (A)(3) of the Telecommunications Steering Committee embodied in the communication dated September 27, 1999, from the City Clerk, be received; and (11) the following Recommendations Nos. (B), (C) and (D) of the Telecommunications Steering Committee embodied in the communication dated September 27, 1999, from the City Clerk, be adopted: (B) FCM Sub-Committee on Telecommunications. Recommendation: The Telecommunications Steering Committee recommends the adoption of the following five rights-of-way principles approved in September, 1999, by the Standing Committee on National Transportation and Communications and the FCM National Board of Directors: (1) in pursuance of bona fide municipal purposes, municipal governments must have the ability to manage the occupancy and uses of rights-of-way, including the establishment of the number, type and location of telecommunications and broadcasting facilities, while taking into account applicable technical constraints; (2) Municipal governments must recover all costs associated with occupancy and use of rights-of-way by telecommunications service providers and broadcasting undertakings; (3) Municipal governments must not be responsible for the costs of relocating telecommunications and broadcasting facilities if relocation is required for bona fide municipal purposes; (4) Municipal governments must not be liable for losses associated with the disruption of telecommunications or broadcasting services or with damage to the property of telecommunications service providers or broadcasting undertakings as a result of usual municipal activities or the activities of other parties; and (5) recognizing that rights-of-way have value, municipal governments must receive full compensation for the occupancy and use of municipal rights-of-way by telecommunications service providers and broadcasting undertakings. (C) Establishing a Level-Playing Field for Access To and Use of City Rights-of-Way by Telecom Organizations. Recommendation: The Telecommunications Steering Committee recommends that City Council request the Toronto District Heating Corporation and Toronto Hydro to refrain from making any further agreements until such time as the Telecommunications Steering Committee has had the opportunity to discuss this matter further. (D) Audit of Telecommunications Leased Line Costs for Traffic Control Systems. Recommendation: The Telecommunications Steering Committee recommends the adoption of the recommendation of the Works Committee embodied in the communication (July 14, 1999) from the City Clerk wherein it is recommended that the following recommendations contained in the report (June 25, 1999) from the Commissioner of Works and Emergency Services be adopted: (1) the proposal received from Expense Recovery and Overhead Reduction Services (ERORS) Inc., to audit the past payments made to Bell Canada for leased telecommunications lines associated with the traffic signal control systems be accepted; and (2) the appropriate City of Toronto officials be authorized to take the necessary action to give effect thereto. (b) Councillor Moscoe moved that Part (1) of motion (a) by Councillor Adams be amended by adding thereto the words subject to amending such agreement to provide that, pursuant to the City of Toronto s policy regarding disclosure as applied in the agreement, the City not entertain any non-disclosure provisions that might limit its ability to convey information to the Federation of Canadian Municipalities, the Association of Municipalities of Ontario and/or other municipalities . (c) Councillor Fotinos moved that Council adopt the following recommendation: It is recommended that the Commissioner of Works and Emergency Services be directed to request the Toronto federal Liberal Caucus to meet with the Telecommunications Steering Committee and other interested Members of Council to discuss telecommunications issues. Votes: Part (4) of motion (a) by Councillor Adams carried. Motion (b) by Councillor Moscoe carried. Part (9) of motion (a) by Councillor Adams carried, as amended. Part (1) of motion (a) by Councillor Adams carried, as amended. Part (2) of motion (a) by Councillor Adams carried. Part (3) of motion (a) by Councillor Adams carried. Parts (5) and (6) of motion (a) by Councillor Adams carried. Motion (c) by Councillor Fotinos carried. Part (8) of motion (a) by Councillor Adams carried. Part (7) of motion (a) by Councillor Adams carried. Part (10) of motion (a) by Councillor Adams carried. Part (11) of motion (a) by Councillor Adams carried. Adoption of Clause, as amended: Yes - 46 Councillors: Adams, Altobello, Ashton, Balkissoon, Berardinetti, Berger, Bossons, Brown, Bussin, Cho, Chow, Disero, Duguid, Feldman, Filion, Flint, Fotinos, Gardner, Giansante, Holyday, Jakobek, Jones, Kelly, Kinahan, King, Korwin-Kuczynski, Layton, Li Preti, Lindsay Luby, McConnell, Mihevc, Minnan-Wong, Moscoe, Nunziata, O Brien, Ootes, Pantalone, Pitfield, Prue, Rae, Saundercook, Shaw, Shiner, Sinclair, Soknacki, Walker No - 0 Carried, without dissent. 10.70 Clause No. 19 of Report No. 7 of The Policy and Finance Committee, headed Toronto District Heating Corporation (TDHC) Proposed Shareholder Agreement . Motions: Deputy Mayor Ootes, in accordance with the provisions of the Municipal Act, reported that the following motions had been moved in Committee of the Whole for consideration by Council in conjunction with the Clause: Having regard that the Clause was submitted without recommendation: (a) Councillor Fotinos moved that Council adopt the following recommendations: It is recommended that: (a) the confidential report dated September 27, 1999, from the Chief Administrative Officer, be adopted, such report to remain confidential in accordance with the provisions of the Municipal Act, save and except those portions authorized by Council to be made available in the public domain and the following recommendations embodied therein: It is recommended that: (1) in accordance with Council s approval of the composition of the Board on July 27, 1999, as shareholder of TDHC, Council approve the election of the members of the Board of Directors, to take effect on October 5, 1999, or as soon thereafter as the TDHC Act is proclaimed, as follows: (a) Mayor Mel Lastman; and (b) Mr. Dale Richmond, Chair of Borealis Penco Corporation (a subsidiary of OMERS), Mr. Tomlinson Gunn, the Chief Executive Officer of Borealis Penco, and Mr. Michael Nobrega, of Borealis Penco as the OMERS nominees; (2) using the selection process approved by Council, the Selection Committee consisting of the Mayor, the current Chair of TDHC and the City Chief Administrative Officer bring forward the citizen nominees of the City for Council approval as soon as possible; (3) Council authorize execution of the Shareholders Agreement substantially in the form attached to this report as Appendix I, which was developed in accordance with the terms previously approved by Council; (4) as shareholder of TDHC, the City approve the Articles of Amendment attached to this report as Appendix II which reorganizes the share capital structure as necessary to enable investment by OMERS through its subsidiary Borealis Penco; (5) Council declare that TDHC has title to, and authorize the preparation and execution of such documents which, in the opinion of the City Solicitor, may be necessary to evidence that TDHC owns: (a) the pipes and appurtenances constructed to interconnect the individual steam systems of the Province, the hospitals, and the City; and (b) any other pipes previously owned by the City which form part of TDHC s district system; (6) Council authorize the City Solicitor to prepare a Bill for introduction into Council substantially in the form as attached to this report as Appendix III which authorizes the Chief Administrative Officer or designated alternates to sign and affix the corporate seal on behalf of the City to the various documents required to complete the TDHC transaction at the closing on October 6 and 7, 1999, and/or such other dates as agreed to by the parties to the transaction; (7) Appendices II and III be made available in the public domain upon approval by Council; and (8) the appropriate City officials be authorized and directed to take the necessary action to give effect thereto. (b) Councillor Moscoe moved that Council adopt the following recommendation: It is recommended that the following statement be included in the Articles of Incorporation: The Toronto District Heating Corporation not be authorized to engage in telecommunication activity without the express consent of the City of Toronto, through the Telecommunications Steering Committee. (c) Councillor Layton moved that: (1) motion (b) by Councillor Moscoe be referred to the Chief Administrative Officer for consideration in the preparation of the Shareholder Direction Document; and (2) Council adopt the following recommendations: It is recommended that: (a) the Chief Administrative Officer be requested to create an initial shareholder direction outlining the City of Toronto s interest and provide policy and procedural direction to the City s directions for approval at the October 26, 1999 meeting of Council, if possible through the Policy and Finance Committee; (b) the Chief Administrative Officer and the Chief Executive Officer of the Toronto District Heating Corporation (TDHC) be requested to send a joint letter to the employees of TDHC and the Unions representing such employees, outlining the changes in the financing and governance which Council has approved; and (c) the Closing Documents include a letter of assurance from OMERS that OMERS will not sell its controlling interest in Borealis Penco Corporation to any unrelated third party. Votes: Part (1) of motion (c) by Councillor Layton carried. Part (2) of motion (c) by Councillor Layton carried. Motion (a) by Councillor Fotinos carried. Adoption of Clause, as amended: Yes - 45 Mayor: Lastman Councillors: Adams, Altobello, Balkissoon, Berardinetti, Berger, Bossons, Brown, Bussin, Cho, Chow, Disero, Duguid, Feldman, Filion, Flint, Fotinos, Gardner, Giansante, Holyday, Jakobek, Jones, Kelly, Kinahan, King, Korwin-Kuczynski, Layton, Li Preti, Lindsay Luby, McConnell, Mihevc, Minnan-Wong, Moscoe, Nunziata, O Brien, Ootes, Pantalone, Pitfield, Prue, Rae, Saundercook, Shaw, Shiner, Sinclair, Soknacki No - 1 Councillor: Walker Carried by a majority of 44. 10.71 Clause No. 17 of Report No. 8 of The North York Community Council, headed Official Plan and Zoning Amendment Application UDOZ-95-19 and Plan of Subdivision Application UDSB-1224 - Greatwise Developments Corporation - 305-308 Poyntz Avenue and 314-317 and 325 Bogert Avenue - North York Centre . Motions: Deputy Mayor Ootes, in accordance with the provisions of the Municipal Act, reported that no motions had been moved in Committee of the Whole for consideration by Council in conjunction with the Clause. Motions: (a) Councillor Filion moved that the Clause be amended: (1) in accordance with the following recommendation embodied in the report dated September 21, 1999, from the Acting Commissioner of Urban Panning and Development Services: It is recommended that City Council adopt the recommendations of North York Community Council respecting applications UDOZ-95-19 and UDSB-1224, passed at its meeting held on September 14, 1999, and the revised conditions of approval contained in Appendix A attached to this report to implement the decision of North York Community Council. ; and (2) in accordance with the following recommendations embodied in the report dated September 27, 1999, from the Commissioner of Works and Emergency Services: It is recommended that: (1) the Developer s request for encroachment on public road allowance for underground parking garages be refused; and (2) the appropriate City officials be authorized to do all things necessary to implement Council s directions. (b) Councillor McConnell moved that the Clause be amended by adding thereto the following: It is further recommended that: (1) the Acting Commissioner of Urban Planning and Development Services be directed to submit a report to the Planning and Transportation Committee on the impact of allowing any similar arrangements to proceed, with specific attention to the resulting vacancy rate among moderately-priced rental housing, such report to also address whether a holding by-law could be placed on all multi-residential buildings; (2) Council re-affirm its commitment to the protection of rental housing; and (3) Council renew its request to the provincial government to follow the City of Toronto s lead by: (a) enshrining rental housing protection in provincial legislation; and (b) supporting the City of Toronto s current by-laws that protect rental housing from being eliminated. (c) Councillor Pitfield moved that the Clause be amended 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 Works Committee on the development of a City-wide policy on encroachment of parking structures into the public right-of-way. (d) Councillor Adams moved that the Clause be amended by adding thereto the following: It is further recommended that the Acting Commissioner of Urban Planning and Development Services be requested to use his best efforts to negotiate an agreement with the applicant pertaining to restrictions on vacancy decontrol, with the intent of re-imposing these restrictions for a ten-year period. (e) Councillor Shiner moved that motion (c) by Councillor Pitfield be referred to the Planning and Transportation Committee for consideration at such time as the overall City-wide parking policy and standard is submitted to the Committee for consideration. Votes: Motion (e) by Councillor Shiner carried. Adoption of motion (d) by Councillor Adams: Yes - 17 Councillors: Adams, Ashton, Chow, Fotinos, Jones, Kinahan, Korwin-Kuczynski, Layton, McConnell, Mihevc, Moscoe, Pantalone, Pitfield, Prue, Rae, Soknacki, Walker No - 26 Mayor: Lastman Councillors: Altobello, Berardinetti, Berger, Brown, Bussin, Cho, Chong, Disero, Duguid, Feldman, Filion, Flint, Gardner, Giansante, Holyday, Kelly, King, Lindsay Luby, Mammoliti, Minnan-Wong, Nunziata, O Brien, Ootes, Shaw, Shiner Lost by a majority of 9. Part (1) of motion (b) by Councillor McConnell carried. Part (2) of motion (b) by Councillor McConnell carried. Adoption of Part (3) of motion (b) by Councillor McConnell: Yes - 44 Mayor: Lastman Councillors: Adams, Altobello, Ashton, Berardinetti, Berger, Brown, Bussin, Cho, Chong, Chow, Disero, Duguid, Feldman, Filion, Flint, Fotinos, Gardner, Giansante, Holyday, Jakobek, Jones, Kelly, Kinahan, King, Korwin-Kuczynski, Layton, Lindsay Luby, Mammoliti, McConnell, Mihevc, Minnan-Wong, Moscoe, Nunziata, O Brien, Ootes, Pantalone, Pitfield, Prue, Rae, Shaw, Shiner, Soknacki, Walker No - 0 Carried, without dissent. Part (1) of motion (a) by Councillor Filion carried. Part (2) of motion (a) by Councillor Filion carried. Adoption of Clause, as amended: Yes - 39 Mayor: Lastman Councillors: Adams, Altobello, Ashton, Balkissoon, Berardinetti, Brown, Bussin, Cho, Chong, Chow, Disero, Duguid, Feldman, Filion, Fotinos, Gardner, Giansante, Holyday, Jakobek, Kelly, Kinahan, King, Layton, Lindsay Luby, Mammoliti, McConnell, Mihevc, Minnan-Wong, Moscoe, Nunziata, O Brien, Ootes, Pitfield, Prue, Rae, Shaw, Shiner, Soknacki No - 5 Councillors: Flint, Jones, Korwin-Kuczynski, Pantalone, Walker Carried by a majority of 34. MOTIONS (NOTICE PREVIOUSLY GIVEN) AND NOTICES OF MOTION 10.72 Deputy Mayor Ootes called upon Notice of Motion I appearing on the Order Paper, as follows: Moved by: Councillor Moscoe Seconded by: Councillor Shiner WHEREAS the North York Harvest Food Bank has provided service to the Community for almost 13 years; and WHEREAS the Food Bank is the second largest in Toronto, distributing food to a network of over 35 agencies in northern Toronto helping to feed 7,000 persons per month; and WHEREAS the Food Bank collects, sorts and distributes close to one million pounds of food per year; and WHEREAS a change in the situation of their Landlord, TriStone Properties, has forced them to raise the Food Bank s rent to market value; and WHEREAS the cost of moving and the disruption to the Food Bank services would be enormous; NOW THEREFORE BE IT RESOLVED THAT Council provide a one-time grant from Contingency, to offset property taxes to the North York Harvest Food Bank, in the amount of $20,000.00, which would enable them to continue to operate in their present location, until such time as another location can be found. Motion: Councillor Moscoe moved that consideration of the Motion be deferred until the next regular meeting of City Council to be held on October 26, 1999. Vote: The motion by Councillor Moscoe carried. 10.73 Councillor Disero moved that subsections 26(4), 27(1) and 28(1) of the Council Procedural By-law be waived to permit consideration of the following Notice of Motion J(1), which carried, more than two-thirds of Members present having voted in the affirmative: Moved by: Councillor Disero Seconded by: Councillor Fotinos WHEREAS City Council, at its meeting held on July 6, 7 and 8, 1999, by its adoption, as amended, of Clause No. 47 of Report No. 9 of The Toronto Community Council, headed Proposal by Tribute Homes to Affix Advertising Signage on a Construction Trailer in the Gunns Road Allowance , approved the installation of advertising signage by Tribute Homes on a construction trailer within the public right-of-way on Gunns Road, for the purposes of promoting their new subdivision; and WHEREAS the installation of this advertising signage is subject to certain conditions, including, but not limited to, Tribute Homes paying a monthly fee in the amount of $2,500.00, to the City of Toronto; and WHEREAS this monthly fee, in addition to the new development charges recently approved by Council, will result in Tribute Homes incurring exorbitant costs associated with this subdivision; NOW THEREFORE BE IT RESOLVED THAT, in accordance with Section 46 of the Council Procedural By-law, Clause No. 47 of Report No. 9 of The Toronto Community Council, headed Proposal by Tribute Homes to Affix Advertising Signage on a Construction Trailer in the Gunns Road Allowance , be re-opened for further consideration, only insofar as it pertains to the monthly fee of $2,500.00, payable by Tribute Homes; AND BE IT FURTHER RESOLVED THAT this monthly fee be rescinded, and that Tribute Homes be required to pay a one-time fee of $2,500.00 to the City of Toronto for the installation of advertising signage on a construction trailer within the public right-of-way on Gunns Road, for the purposes of promoting their new subdivision. Vote to re-open: The first Operative Paragraph embodied in Motion J(1) carried, more than two-thirds of Members present having voted in the affirmative. Motion: Councillor King moved that the balance of Motion J(1) be referred to the Policy and Finance Committee for further consideration. Vote: The motion by Councillor King carried. 10.74 Mayor Lastman moved that subsections 26(4), 27(1) and 28(1) of the Council Procedural By-law be waived to permit consideration of the following Notice of Motion J(2), which carried, more than two-thirds of Members present having voted in the affirmative: Moved by: Mayor Lastman Seconded by: Councillor Ootes WHEREAS Councillor Anne Johnston is currently Chair of the City of Toronto s Senior Task Force; and WHEREAS Councillor Johnston s track record on seniors issues reaches all the way back to the 1960 s, and includes Chairing the Task Force on Disabled and Elderly, which reported to Toronto and Metro Councils in 1975, as well as authoring the 1987 report The Regulation of Standards of Care in Rest Homes and Retirement Homes ; and WHEREAS the Mayor has deemed it imperative to act quickly on the issue of unregulated retirement homes and has recently struck an Action Team to urgently make recommendations on how to protect the health and safety of seniors living in those homes; and WHEREAS the Seniors Task Force, in its submission to Council expected this fall, will recommend the creation of a Seniors Advocate for Toronto City Council; NOW THEREFORE BE IT RESOLVED THAT Council name Councillor Anne Johnston its Seniors Advocate . Vote: Motion J(2) was adopted, without amendment. 10.75 Councillor Moscoe moved that subsections 26(4), 27(1) and 28(1) of the Council Procedural By-law be waived to permit consideration of the following Notice of Motion J(3), moved by Councillor Moscoe, seconded by Councillor Feldman, and, in the absence of Councillor Feldman, seconded by Councillor Giansante, which carried, more than two-thirds of Members present having voted in the affirmative: Moved by: Councillor Moscoe Seconded by: Councillor Giansante WHEREAS Sonya J.H. Park has made applications to the Committee of Adjustment for a land severance and minor variance on the lands known municipally as 17 Mulholland Avenue; and WHEREAS Planning staff had the opinion that the application for land severance did not allow for appropriate development of the properties and was not consistent with the general pattern of development in the area; and WHEREAS Planning staff had the opinion that the applications for minor variances were not within the intent of the Official Plan and Zoning By-law and did not allow for the appropriate development of the property; and WHEREAS the Committee of Adjustment refused the applications for land severance and minor variance; and WHEREAS the applicant appealed the Committee of Adjustment decision to the Ontario Municipal Board; and WHEREAS this is a time-sensitive issue due to the Ontario Municipal Board appointing Wednesday, September 29, 1999, for the hearing of these applications; NOW THEREFORE BE IT RESOLVED THAT Council direct staff to attend the Ontario Municipal Board hearing in order to uphold the City s by-laws and support the Committee of Adjustment s decision. Vote: Motion J(3) was adopted, without amendment. 10.76 Mayor Lastman moved that subsections 26(4), 27(1) and 28(1) of the Council Procedural By-law be waived to permit consideration of the following Notice of Motion J(4), moved by Mayor Lastman, seconded by Councillor Filion, and, in the absence of Councillor Filion, seconded by Councillor Mihevc, which carried, more than two-thirds of Members present having voted in the affirmative: Moved by: Mayor Lastman Seconded by: Councillor Mihevc WHEREAS more than half of the residents in the City of Toronto live in rental accommodation; and WHEREAS the Province of Ontario has put residential tenants at risk of losing their accommodation by the repeal of the Rental Housing Protection Act; and WHEREAS all the former municipalities now comprising the City of Toronto have had in place, since 1974, and, in some cases, continue to have in place, policies relating to the conversion of rental buildings to condominium, out of concern for the loss of rental housing stock; and WHEREAS in response to this recognized need, City Council at its meeting held on April 15, 1999, passed Official Plan Amendment No. 2 (OPA 2) to the former Metropolitan Toronto Official Plan, thereby establishing a City-wide objective for retaining and replenishing the supply of rental housing; and WHEREAS the Ontario Municipal Board, in a decision issued September 21, 1999, ordered that OPA 2 is illegal and invalid, creating unacceptable uncertainty for Toronto tenants and putting the City s rental housing at risk; NOW THEREFORE BE IT RESOLVED THAT leave be granted to introduce the confidential report dated September 22, 1999, from the City Solicitor, for consideration by City Council at its meeting to be held on September 28, 1999; AND BE IT FURTHER RESOLVED THAT the recommendations embodied in the confidential report dated September 22, 1999, from the City Solicitor, be adopted; AND BE IT FURTHER RESOLVED THAT the Mayor seek an immediate meeting with the Premier of the Province of Ontario to obtain a commitment to increase the protections available to tenants from condominium conversions and demolition of rental housing. Council also had before it, during consideration of Motion J(4), a confidential report dated September 22, 1999, from the City Solicitor. Vote: Adoption of Motion J(4): Yes - 43 Mayor: Lastman Councillors: Adams, Berardinetti, Berger, Bossons, Brown, Bussin, Cho, Chong, Chow, Davis, Duguid, Flint, Fotinos, Gardner, Giansante, Holyday, Jones, Kelly, Kinahan, King, Korwin-Kuczynski, Layton, Li Preti, Lindsay Luby, Mahood, McConnell, Mihevc, Moscoe, Nunziata, O Brien, Ootes, Pantalone, Pitfield, Prue, Rae, Saundercook, Shaw, Shiner, Silva, Sinclair, Soknacki, Walker No - 0 Carried, without dissent. Council, by its adoption of Motion J(4), without amendment, adopted the confidential report dated September 22, 1999, from the City Solicitor, such report to remain confidential in accordance with the provisions of the Municipal Act, save and except the following recommendations embodied therein: It is recommended that Council: (1) direct the City Solicitor to appeal the decision of the Ontario Municipal Board which held Official Plan Amendment No. 2 ( OPA 2 ) to be illegal and invalid and not applicable to 310 and 320 Tweedsmuir Avenue; (2) confirm the action of the City Solicitor in commencing an appeal of the Board s decision to exclude any evidence regarding OPA 2 at the upcoming hearing for 310 and 320 Tweedsmuir Avenue. 10.77 Councillor Ootes moved that subsections 26(4), 27(1) and 28(1) of the Council Procedural By-law be waived to permit consideration of the following Notice of Motion J(5), which carried, more than two-thirds of Members present having voted in the affirmative: Moved by: Councillor Ootes Seconded by: Mayor Lastman WHEREAS Councillor David Soknacki was elected as Councillor for Scarborough Highland-Creek in a by-election held on September 23, 1999; and WHEREAS it is necessary to make appointments to fill those positions formerly filled by the late Frank Faubert; NOW THEREFORE BE IT RESOLVED THAT Councillor David Soknacki be appointed to serve on the following committees, sub-committees, agencies, boards and commissions: (1) the Economic Development and Parks Committee, for a term of office expiring on November 30, 2000, and until his successor is appointed; (2) the Economic Development Strategy Steering Committee, as a Member of the Economic Development and Parks Committee; (3) the Hummingbird Centre for the Performing Arts, Board of Directors, for a term of office expiring when the new Hummingbird Performance Arts Centre Corporation, Board of Directors, takes effect on the date a lease of the Centre between the City and the Hummingbird Performing Arts Centre Corporation comes into force; (4) the Council Reference Group to Guide Council s Strategic Planning Process, for a term of office expiring upon completion of the Strategic Plan; (5) the Canadian National Exhibition Association, Municipal Section, for a term of office expiring on November 30, 1999, and until his successor is appointed; (6) the Classical Chinese Garden Fundraising Committee, for a term of office expiring on November 30, 1999, and until his successor is appointed; and (7) the Board of Directors of the Design Exchange, for a term of office expiring on November 30, 2000, and until his successor is appointed. Vote: Motion J(5) was adopted, without amendment. 10.78 Councillor Saundercook moved that subsections 26(4), 27(1) and 28(1) of the Council Procedural By-law be waived to permit consideration of the following Notice of Motion J(6): Moved by: Councillor Saundercook Seconded by: Councillor Nunziata WHEREAS the City of Toronto has already harmonized ice rental rates for all City-managed arenas resulting in new revenue for the City of $1,000,000.00, cumulative over three years; and WHEREAS the issue of harmonization of ice rental rates at Board of Management-operated arenas has been debated by Council in various forms for approximately a year and a half; and WHEREAS Board-operated arenas are confident their ice rental rates are set at approximately cost; and WHEREAS Economic Development, Culture and Tourism staff have still not produced an estimate of cost of ice at City operated arenas; and WHEREAS Community Youth user groups (as defined by a report dated June 22, 1999, from the Commissioner of Economic Development, Culture and Tourism) in Board-operated arenas are still paying rates significantly above that of Community Youth user groups at City operated arenas; and WHEREAS while these rates are higher than City operated arena rates, they are still less than rates at private sector arenas in Toronto; and WHEREAS all previous attempts by staff to equalize costs through non-cash subsidies have met with extremely limited success; and WHEREAS a simple cash reimbursement has recently been identified by staff to have an annualized cost of $141,321.00, significantly less than the new revenue already collected by the City as a result of the harmonization of ice rentals at City operated arenas; and WHEREAS the Economic Development and Parks Committee has decided, at their September 1999 meeting, to create a working group to study this issue for another year; and WHEREAS the recommendations of this working group will not result in any change in the 1999-2000 winter season, nor will be applicable for 2000-2001, due to these contracts for the user groups being negotiated, in all likelihood, before the final report of the working group is addressed by Council; NOW THEREFORE BE IT RESOLVED THAT the Community Youth user groups in the City s Board-operated arenas be requested to meet with the Boards of Management to create a joint submission to Economic Development, Culture and Tourism staff with respect to total ice time utilized by the group and the total cost differential of purchasing ice at the Board-operated arena as compared-City operated arena; AND BE IT FURTHER RESOLVED THAT the Commissioner of Economic Development, Culture and Tourism be directed by Council to reimburse these Community Youth user groups immediately, based on these submissions, retroactive to September 1, 1999, for the cost differential, on an interim basis until the report of the working group addressing this issue is accepted by Council; such funds to be accommodated by the revenue generated by the harmonization of City-owned and operated arenas. , the vote upon which was taken as follows: Yes - 32 Councillors: Altobello, Augimeri, Berger, Bussin, Chow, Disero, Giansante, Holyday, Jakobek, Johnston, Jones, Kelly, Kinahan, Korwin-Kuczynski, Layton, Li Preti, Lindsay Luby, McConnell, Mihevc, Moscoe, Nunziata, O Brien, Pantalone, Pitfield, Prue, Rae, Saundercook, Shaw, Silva, Sinclair, Soknacki, Walker No - 11 Mayor: Lastman Councillors: Ashton, Bossons, Cho, Chong, Duguid, Feldman, Flint, King, Ootes, Shiner Carried, more than two-thirds of Members present having voted in the affirmative. Motion: Mayor Lastman moved that Motion J(6) be referred to the Chief Financial Officer and Treasurer for report thereon to the Policy and Finance Committee. Vote: The motion by Mayor Lastman carried. 10.79 Councillor Moscoe moved that subsections 26(4), 27(1) and 28(1) of the Council Procedural By-law be waived to permit consideration of the following Notice of Motion J(7), which carried, more than two-thirds of Members present having voted in the affirmative: Moved by: Councillor Moscoe Seconded by: Councillor Feldman WHEREAS North York by-laws permit two curb cuts on the property known as 67 Claver Avenue (20 feet and 10 feet respectively ) a total of 9.1 metres; and WHEREAS the owner of this property applied for a single curb cut of 8.5 metres; and WHEREAS North York Community Council on April 28, 1999, inadvertently recommended only 7.5 metres instead of the requested 8.5 metres, and City Council, by its adoption of Clause No. 14 of Report No. 4 of The North York Community Council, headed Curb Cut - 67 Claver Avenue - North York Spadina , approved same; NOW THEREFORE BE IT RESOLVED THAT, in accordance with Section 46 of the Council Procedural By-law, Clause No. 14 of Report No. 4 of The North York Community Council, headed Curb Cut - 67 Claver Avenue - North York Spadina , be re-opened for further consideration; AND BE IT FURTHER RESOLVED THAT City Council approve a curb cut of 8.5 metres total for the property at 67 Claver Avenue. Votes: The first Operative Paragraph embodied in Motion J(7) carried, more than two-thirds of Members present having voted in the affirmative. The balance of Motion J(7) was adopted, without amendment. 10.80 Councillor Altobello moved that subsections 26(4), 27(1) and 28(1) of the Council Procedural By-law be waived to permit consideration of the following Notice of Motion J(8): Moved by: Councillor Altobello Seconded by: Councillor Ashton WHEREAS there is a proposal for a senior men s hostel to be located at 1673 Kingston Road, Scarborough, Ontario; and WHEREAS Hostel Services Staff are authorized to enter into negotiations for the establishment and development of emergency shelter sites; and WHEREAS Hostel Services Staff do not have the authority to enter into negotiations for leases for permanent seniors housing; and WHEREAS the use of an emergency shelter or a hostel is not a permitted use under the Zoning By-law for this property; and WHEREAS our office has been inundated with calls from local residents against this proposal; and WHEREAS the community and the Principal from the Birch Cliff Public School located across the street are concerned about the impact on the safety of the children; and WHEREAS there is a Public Meeting scheduled for October 6, 1999, to discuss this proposal, and staff have advised that they are authorized to proceed with the lease of 1673 Kingston Road following this public meeting; NOW THEREFORE BE IT RESOLVED THAT the appropriate staff be directed not to open the senior men s hostel at 1673 Kingston Road. , the vote upon which was taken as follows: Yes - 30 Councillors: Altobello, Ashton, Berardinetti, Berger, Bussin, Cho, Chong, Chow, Duguid, Feldman, Flint, Gardner, Holyday, Jakobek, Kelly, King, Korwin-Kuczynski, Li Preti, Lindsay Luby, Mihevc, Nunziata, O Brien, Pitfield, Saundercook, Shaw, Silva, Sinclair, Soknacki, Tzekas, Walker No - 18 Mayor: Lastman Councillors: Augimeri, Bossons, Disero, Fotinos, Giansante, Johnston, Jones, Kinahan, Layton, McConnell, Miller, Moscoe, Ootes, Pantalone, Prue, Rae, Shiner Lost, less than two-thirds of Members present having voted in the affirmative. Having regard that the motion to waive notice did not carry, Councillor Altobello gave Notice of this Motion to permit consideration at the next regular meeting of City Council to be held on October 26, 1999. 10.81 Councillor Johnston moved that subsections 26(4), 27(1) and 28(1) of the Council Procedural By-law be waived to permit consideration of the following Notice of Motion J(9), moved by Councillor Adams, seconded by Councillor Johnston, and, in the absence of Councillor Adams, moved by Councillor Lindsay Luby, which carried, more than two-thirds of Members present having voted in the affirmative: Moved by: Councillor Lindsay Luby Seconded by: Councillor Johnston WHEREAS subsection 220(17) of the Municipal Act, as amended, provides that the Council of a municipality shall, in each year, levy a special charge upon rateable property in a Business Improvement Area which has been designated under subsection 220(1); and WHEREAS City Council at its meeting held on July 6, 7 and 8, 1999, approved the 1999 Operating Budget for the Upper Village (Toronto) Business Improvement Area by adoption of Clause No. 14 of Report No. 1 of The Economic Development and Parks Committee, headed 1999 Business Improvement Area Budgets - Supplementary Report No. 3 - Upper Village (Toronto) Business Improvement Area ; and WHEREAS City Council at its meeting on September 28, 1999, approved the 1999 Operating Budget for the Forest Hill Village Business Improvement Area by adoption of Clause No. 10 of Report No. 3 of The Economic Development and Parks Committee, headed 1999 Business Improvement Area Budgets Supplementary Report No. 4: Forest Hill Village Business Improvement Area ; NOW THEREFORE BE IT RESOLVED THAT Council approve the levy and collection of special charges for the year 1999 in respect of Upper Village (Toronto) and Forest Hill Village Business Improvement Areas and authority be granted for the introduction of the necessary Bill(s) in Council to give effect thereto. Vote: Motion J(9) was adopted, without amendment. 10.82 Mayor Lastman moved that subsections 26(4), 27(1) and 28(1) of the Council Procedural By-law be waived to permit consideration of the following Notice of Motion J(10), which carried, more than two-thirds of Members present having voted in the affirmative: Moved by: Mayor Lastman Seconded by: Councillor Chow WHEREAS the University of Toronto has applied to the City for the closure and sale of the public lane 45.73 metres north of College Street extending easterly from Huron Street, to accommodate the University s construction of the Centre for Information Technology , a $75.0 million facility intended to serve between 3,000 to 4,000 students annually; and WHEREAS, in order for the University to meet its commitment to double its enrolment in high-demand computer science and computer engineering programmes, construction of the facility must be completed by September 2000; and WHEREAS, in order to complete construction of the facility by September 2000, excavation of the site, including the lane, must commence by October 1999; and WHEREAS it is necessary to expedite the process to close the lane and to authorize its sale to the University, so that the University s project is not delayed; and WHEREAS the Commissioner of Works and Emergency Services has submitted a report dated September 27, 1999, recommending that the lane be stopped up and closed as a public lane; and WHEREAS the Acting Commissioner of Corporate Services has submitted a report dated September 27, 1999, recommending that the lane be declared surplus and be sold to the abutting owner, University of Toronto; NOW THEREFORE BE IT RESOLVED THAT City Council give consideration to the report dated September 27, 1999, from the Commissioner of Works and Emergency Services, entitled Proposed Closing and Conveyancing of the Public Lane in the Block Bounded by College Street, Huron Street, Russell Street and St. George Street - University of Toronto Lands , and the report dated September 27, 1999, from the Acting Commissioner of Corporate Services, entitled Proposed Closing of City- owned Public Lane North of College Street, Extending Easterly from Huron Street and Conveyance to the University of Toronto , respecting the closure and sale of the said lane, and that the recommendations contained in such reports be adopted; AND BE IT FURTHER RESOLVED THAT City Council request the University of Toronto to submit design proposals of upcoming projects that respect the integrity of the development framework (through the adoption of the Part II Plan) developed jointly by the residents, University of Toronto and City staff after a nine-year process; AND BE IT FURTHER RESOLVED THAT City Council request the University of Toronto to respect the historical value of 44 St. George Street; AND BE IT FURTHER RESOLVED THAT City Council request the University of Toronto to communicate to residents, through the University of Toronto Liaison Committee, prior to the submission of projects to the City of Toronto for approval. Council also had before it, during consideration of Motion J(10), the following reports: (i) (September 27, 1999) from the Commissioner of Works and Emergency Services, (See Attachment No. 1, Page 123); and (ii) (September 27, 1999) from the Acting Commissioner of Corporate Services, (See Attachment No. 2, Page 125). Vote: Motion J(10) was adopted, without amendment. Council, by its adoption of Motion J(10), without amendment: (a) adopted the report dated September 27, 1999, from the Commissioner of Works and Emergency Services, embodying the following recommendations: It is recommended that, subject to any additional terms and conditions including compensation and costs, that may be determined by City Council in connection with the proposed conveyance of the subject lane, as set out in a separate report to be submitted to City Council from the Acting Commissioner of Corporate Services: (1) the public lane 45.73 metres north of College Street extending easterly from Huron Street, shown hatched on the attached Plan SYE2930, be stopped-up and closed; (2) the public hearing required to be held pursuant to the terms of the Municipal Act be held by City Council; and (3) the appropriate City Officials be authorized to take the necessary action to give effect to the foregoing, including the introduction in Council of any Bills that might be required and the giving of notice to the public. ; and (b) adopted the report dated September 27, 1999, from the Acting Commissioner of Corporate Services, embodying the following recommendations: Subject to City Council approving the stopping-up and closing of the public lane shown hatched on Plan SYE2930, it is recommended that: (1) City Council declare the proposed conveyance of the subject lands shown hatched on the attached sketch SYE2930, to be in compliance with the former City of Toronto Part 1 Official Plan, (Section 3.3); (2) the public lane shown hatched on the attached Plan SYE2930 be declared surplus; (3) the public lane be conveyed to the University of Toronto upon compliance with the following terms and conditions: (a) indemnify the City, together with such other persons as the City Solicitor may require, against all loss, cost, damage or action arising as a result of the closing and/or the sale; (b) pay to the City a sum, to be determined by City Council upon completion of an appraisal, for the fee in the subject lands; (c) provide a Reference Plan of Survey, integrated with the Ontario Co-ordinate System, showing the lane to be closed as a separate Part; (d) pay the cost of adjustment of any municipal services and utilities that may be located within the public lane, if necessary, with the costs to be determined by the Commissioner of Works and Emergency Services and the appropriate utility companies; (e) pay the cost of registration of the Closing By-law and usual closing documents, upon closing; (f) pay all out-of-pocket expenses that will be incurred by the City as a result of the closing and conveyance, estimated to be $3,500.00, and agree that any such money expended will not be refunded in the event that the transaction is not completed; and (g) comply with such other terms and conditions as the City Solicitor may deem advisable to protect the City s interests; (4) the Acting Commissioner of Corporate Services be directed to give notice to the public of the proposed sale to the adjoining property owner of the public lane; (5) the public hearing required to be held pursuant to the terms of the Municipal Act be held by City Council; (6) the City Solicitor, in consultation with the Executive Director of Facilities and Real Estate, be authorized to complete this transaction on the basis of such terms and conditions as required by the City Solicitor and in a form and content satisfactory to the City Solicitor; (7) the Acting Commissioner of Corporate Services be directed to report to City Council at its meeting scheduled to be held on October 26, 1999, on the amount of compensation the City of Toronto should receive from the University of Toronto for the fee in the subject lands; and (8) the appropriate City Officials be authorized to take the necessary action to give effect to the foregoing, including introducing the necessary Bills in Council. 10.83 Councillor Pitfield moved that subsections 26(4), 27(1) and 28(1) of the Council Procedural By-law be waived to permit consideration of the following Notice of Motion J(11), which carried, more than two-thirds of Members present having voted in the affirmative: Moved by: Councillor Pitfield Seconded by: Councillor Ootes WHEREAS City Council at its meeting held on June 9, 10 and 11, 1999, by its adoption of Clause No. 21 of Report No. 6 of The Corporate services Committee, headed Goulding Estate - Lease Between Centre for Creative Ministries and the City of Toronto , authorized the renewal of the lease on Dawes Road to The Centre for Creative Ministries; and WHEREAS it is necessary to reconsider this item since new information regarding the lease arrangement has become available; and WHEREAS the new information pertains to the immediate functioning of the lease agreement since it has come into effect as of September 1, 1999; NOW THEREFORE BE IT RESOLVED THAT, in accordance with Section 46 of the Council Procedural By-law, Clause No. 21 of Report No. 6 of The Corporate Services Committee, headed Goulding Estate - Lease Between Centre for Creative Ministries and the City of Toronto , be re-opened for further consideration; AND BE IT FURTHER RESOLVED THAT the Centre for Creative Ministries, in addition to paying the City of Toronto $1,317.00 per month in rent for the lease arrangement for a three-year term, from September 1, 1999, to August 31, 2002, also continue the completion of current restoration work estimated at a minimum cost of $75,000.00 over three years; after thirty months, an independent cost estimate of the work will be made to ensure that $75,000.00 worth of work has been completed by the Centre for Creative Ministries. Votes: The first Operative Paragraph embodied in Motion J(11) carried, more than two-thirds of Members present having voted in the affirmative. The balance of Motion J(11) was adopted, without amendment. 10.84 Councillor Duguid moved that, in accordance with subsection 28(2) of the Council Procedural By-law, leave be granted to introduce and debate the following Notice of Motion J(12), which carried: Moved by: Councillor Duguid Seconded by: Councillor Ootes WHEREAS on February 4, 1999, City Council adopted By-law No. 66-1999 being a by-law to authorize agreements respecting the issue and sale of debentures; and WHEREAS, pursuant to By-law No. 66-1999, the Mayor and the Chief Financial Officer and Treasurer are authorized to enter into an agreement or agreements with a purchaser or purchasers during the year, for the sale and issue of debentures upon such terms and conditions, including price or prices as they deem expedient, to provide an amount not exceeding $500,000,000.00, for the purposes of the City of Toronto, including the purposes of any former Area Municipality, the former Municipality of Metropolitan Toronto and a Board of Education; and WHEREAS the Mayor and the Chief Financial Officer and Treasurer have entered into an agreement for the issue and sale of debentures and the Chief Financial Officer and Treasurer is required to report the terms of the agreement to Council not later than the second regular Council meeting following the entering into of such agreement; and WHEREAS the City of Toronto Act, 1997 (No. 2), subsection 102(6), requires Council to pass all necessary money by-laws, in accordance with the said agreement and applicable legislation; NOW THEREFORE BE IT RESOLVED THAT Council consider the report dated September 28, 1999, from the Chief Financial Officer and Treasurer, regarding the issuance of debentures in conjunction with the City s acceptance of Residential Rehabilitation Assistance Program (RRAP) loans for City properties at 11 Ordnance Street, 349 George Street and 156 - 158 Munro Street, and that such report be adopted and leave be granted for the introduction of the necessary Bills in Council to give effect to the issuance of debentures. Council also had before it, during consideration of Motion J(12) a report dated September 28, 1999, from the Chief Financial Officer and Treasurer. (See Attachment No. 3, Page 129) Vote: Motion J(12) was adopted, without amendment, and, in so doing, Council adopted the report dated September 28, 1999, from the Chief Financial Officer and Treasurer, embodying the following recommendations: It is recommended that: (1) authority be granted for the introduction of the necessary Bills in Council to give effect to the issuance of debentures; and (2) the appropriate City officials be authorized to take the necessary actions to give effect thereto. 10.85 Councillor Jakobek moved that subsections 26(4), 27(1) and 28(1) of the Council Procedural By-law be waived to permit consideration of the following Notice of Motion J(13), which carried, more than two-thirds of Members present having voted in the affirmative: Moved by: Councillor Jakobek Seconded by: Councillor Saundercook WHEREAS the Commissioner of Works and Emergency Services, in his report dated September 21, 1999, has recommended to the Works Committee that approval be given to assume the ownership of a 300 mm Sanitary Sewer and a 100 mm Watermain required to service the development at 605 Adelaide Street West, subject to certain conditions; and WHEREAS the urgency of this matter requires that it be considered by Council at this meeting, prior to the next scheduled meeting of the Works Committee; NOW THEREFORE BE IT RESOLVED THAT leave be granted to introduce the report dated September 21, 1999, from the Commissioner of Works and Emergency Services, and that such report be adopted. Council also had before it, during consideration of Motion J(13), a report dated September 21, 1999, from the Commissioner of Works and Emergency Services. (See Attachment No. 4, Page 132) Vote: Motion J(13) was adopted, without amendment, and, in so doing, Council adopted the report dated September 21, 1999, from the Commissioner of Works and Emergency Services, embodying the following recommendations: It is recommended that: (1) approval be given to assume the ownership of a 300 mm Sanitary Sewer and a 100 mm Watermain required to service the development at 605 Adelaide Street West, subject to the owner of these properties granting the necessary easement to the City, as indicated on Sketch No. EAS-495 attached, in accordance with the terms and conditions outlined in this report and any others the City Solicitor or Commissioner of Works and Emergency Services may determine necessary; and (2) the appropriate City officials be authorized to take whatever action is necessary to implement the foregoing, including the introduction in Council of any Bills that may be required. BILLS AND BY-LAWS 10.86 On, September 28, 1999, at 7:55 p.m., Councillor Bussin, seconded by Councillor Gardner, moved that leave be granted to introduce the following Bill, and that this Bill, prepared for this meeting of Council, be passed and hereby declared as a By-law: Bill No. 670 By-law No. 551-1999 To confirm the proceedings of the Council at its meeting held on the 28th day of September, 1999, the vote upon which was as follows: Yes - 38 Mayor: Lastman Councillors: Balkissoon, Berardinetti, Berger, Bossons, Bussin, Cho, Chong, Chow, Disero, Duguid, Flint, Fotinos, Gardner, Giansante, Holyday, Jakobek, Kelly, King, Korwin-Kuczynski, Layton, Lindsay Luby, McConnell, Mihevc, Miller, Moscoe, Nunziata, O Brien, Ootes, Pantalone, Prue, Rae, Shaw, Shiner, Silva, Sinclair, Soknacki, Walker No - 1 Councillors: Adams Carried by a majority of 37. 10.87 On September 29, 1999, at 5:15 p.m., Councillor Flint, seconded by Councillor Jones, moved that leave be granted to introduce the following Bills, and that these Bills, prepared for this meeting of Council, be passed and hereby declared as By-laws, which carried: Bill No. 553 By-law No. 552-1999 To repeal part of By-law No. 449-76 of the former Corporation of the City of Toronto, being A By-law To designate the Montreal Trust Building (originally the Traders Bank Building) at Nos. 61-67 Yonge Street of architectural value , to exclude Nos. 6-8 Colborne Street. Bill No. 554 By-law No. 553-1999 To designate certain lands on a Registered Plan not subject to Part Lot Control in the Guildwood Community. Bill No. 555 By-law No. 554-1999 To amend By-law No. 22614, being A By-law Respecting Parking Meters on Scarborough Roads , of the former City of Scarborough, to amend the rates, duration times and hours of operation of parking meters on streets under the jurisdiction of the City of Toronto. Bill No. 556 By-law No. 555-1999 To amend Chapter 187, Parking Meters, of the Municipal Code of the former City of Etobicoke, to amend the rates, duration times and hours of operation of parking meters on streets under the jurisdiction of the City of Toronto. Bill No. 557 By-law No. 556-1999 To amend By-law No. 30742, being A By-law Respecting Parking Meters on the City of North York Roads , of the former City of North York, to amend the rates, duration times and hours of operation of parking meters on streets under the jurisdiction of the City of Toronto. Bill No. 558 By-law No. 557-1999 To amend By-law No. 1645-89, being A By-law Respecting Parking Meters , of the former City of York, to amend the rates, duration times and hours of operation of parking meters on streets under the jurisdiction of the City of Toronto. Bill No. 559 By-law No. 558-1999 To amend By-law No. 912-1998, being A By-law to authorize the erection, operation, use and maintenance of parking machines on the highways under the jurisdiction of the City of Toronto, including the setting of fee amounts or fee scales pay out of court , to amend the rates, duration times and hours of operation of parking machines on streets under the jurisdiction of the City of Toronto. Bill No. 560 By-law No. 559-1999 To amend Chapter 400, Traffic and Parking, of the Municipal Code of the former City of Toronto to amend the rates, duration times and hours of operation of parking machines on streets under the jurisdiction of the City of Toronto. Bill No. 561 By-law No. 560-1999 To amend By-law No. 8786, the Birchcliff Community Zoning By-law of the former City of Scarborough. Bill No. 562 By-law No. 561-1999 To amend By-law No. 8786, the Birchcliff Community Zoning By-law of the former City of Scarborough. Bill No. 563 By-law No. 562-1999 To amend By-law No. 8786, the Birchcliff Community Zoning By-law of the former City of Scarborough. Bill No. 564 By-law No. 563-1999 To amend By-law No. 8786, the Birchcliff Community Zoning By-law of the former City of Scarborough. Bill No. 565 By-law No. 564-1999 To amend By-law No. 8786, the Birchcliff Community Zoning By-law of the former City of Scarborough. Bill No. 566 By-law No. 565-1999 To amend By-law No. 8786, the Birchcliff Community Zoning By-law of the former City of Scarborough. Bill No. 567 By-law No. 566-1999 To amend By-law No. 8978, the Clairlea Community Zoning By-law of the former City of Scarborough. Bill No. 568 By-law No. 567-1999 To amend By-law No. 8978, the Clairlea Community Zoning By-law of the former City of Scarborough. Bill No. 569 By-law No. 568-1999 To amend By-law No. 8978, the Clairlea Community Zoning By-law of the former City of Scarborough. Bill No. 570 By-law No. 569-1999 To amend By-law No. 8978, the Clairlea Community Zoning By-law of the former City of Scarborough. Bill No. 571 By-law No. 570-1999 To amend Scarborough Zoning By-law No. 10827 with respect to the Highland Creek Community. Bill No. 572 By-law No. 571-1999 To designate Site Plan Control Areas (Sullivan and L Amoreaux Communities). Bill No. 573 By-law No. 572-1999 To amend Scarborough Zoning By-law No. 24982, the Employment Districts Zoning By-law, with respect to the Golden Mile Employment District. Bill No. 574 By-law No. 573-1999 To amend Scarborough Zoning By-law No. 24982, the Employment Districts Zoning By-law, with respect to the Golden Mile Employment District. Bill No. 575 By-law No. 574-1999 To amend the Scarborough Zoning By- law No. 10827 with respect to the Highland Creek Community. Bill No. 576 By-law No. 575-1999 To designate certain lands on a registered plan not subject to Part Lot Control in the Centennial Community. Bill No. 577 By-law No. 576-1999 To amend further By-law No. 23503 of the former City of Scarborough, respecting the regulation of traffic on Toronto Roads. Bill No. 578 By-law No. 577-1999 To designate certain lands on a registered plan known municipally as 2 through 44 Sam Frustaglio Drive (even numbers only) not subject to Part Lot Control. Bill No. 579 By-law No. 578-1999 To amend the Municipal Code of the former City of Etobicoke with respect to Traffic - Chapter 240, Article I. Bill No. 580 By-law No. 579-1999 To amend the Municipal Code of the former City of Etobicoke with respect to Traffic - Chapter 240, Article I. Bill No. 581 By-law No. 580-1999 To amend the Municipal Code of the former City of Etobicoke with respect to Traffic - Chapter 240, Article I. Bill No. 582 By-law No. 581-1999 To amend further By-law No. 34-93, a By-law To provide for disabled person parking permit holders , being a By-law of the former Borough of East York. Bill No. 583 By-law No. 582-1999 To amend further By-law No. 20-96, a By-law To provide for overnight permit parking on Borough streets , being a By-law of the former Borough of East York. Bill No. 584 By-law No. 583-1999 To amend further By-law No. 271, a By-law To prohibit parking on certain sides of certain highways , being a By-law of the former Borough of East York. Bill No. 585 By-law No. 584-1999 To amend further By-law No. 92-93, a By-law To regulate traffic on roads in the Borough of East York , being a By-law of the former Borough of East York. Bill No. 586 By-law No. 585-1999 To amend By-law No. 31001 of the former City of North York, as amended. Bill No. 587 By-law No. 586-1999 To amend By-law No. 31001 of the former City of North York, as amended. Bill No. 588 By-law No. 587-1999 To amend By-law No. 31001 of the former City of North York, as amended. Bill No. 589 By-law No. 588-1999 To amend By-law No. 355-74, being a By-law to stop up and close to vehicular traffic a portion of Cottingham Street and a portion of Gange Avenue. Bill No. 590 By-law No. 589-1999 To amend further Metropolitan Toronto By-law No. 20-85, a By-law Respecting the licensing, regulating and governing of trades, callings, businesses and occupations in the Metropolitan Area , a By-law of the former Municipality of Metropolitan Toronto, respecting cabs. Bill No. 591 By-law No. 590-1999 To Dissolve The Board of Management of The Guild. Bill No. 592 By-law No. 591-1999 To amend By-law No. 31001 of the former City of North York, as amended. Bill No. 593 By-law No. 592-1999 To levy an amount for the year 1999 upon certain Correctional Facilities. Bill No. 594 By-law No. 593-1999 To levy an amount for the year 1999 upon certain Universities and Colleges. Bill No. 595 By-law No. 594-1999 To levy an amount for the year 1999 upon certain Provincial Hospitals and Provincial Mental Health Facilities. Bill No. 596 By-law No. 595-1999 A By-law to Validate Lands Pursuant to Sections 50 and 57 of the Planning Act. Bill No. 597 By-law No. 596-1999 To amend the former City of Toronto Municipal Code Ch. 400, Traffic and Parking, respecting Old Weston Road. Bill No. 598 By-law No. 597-1999 To amend the former City of Toronto Municipal Code Ch. 400, Traffic and Parking, respecting Valifor Place. Bill No. 599 By-law No. 598-1999 To amend the former City of Toronto Municipal Code Ch. 400, Traffic and Parking, respecting Weatherell Street. Bill No. 600 By-law No. 599-1999 To authorize the removal of certain trees growing on the highways of the Municipality. Bill No. 601 By-law No. 600-1999 To amend City of Etobicoke By-law 1980-69 being a By-law to appoint Municipal Law Enforcement Officers. Bill No. 602 By-law No. 601-1999 To enact a By-law pursuant to Chapter 134 of the Etobicoke Municipal Code, a By-law providing for the designation of fire routes in the geographic area of Etobicoke, a By-law of the former City of Etobicoke. Bill No. 603 By-law No. 602-1999 To amend Chapter 134 of the Etobicoke Municipal Code, a By-law providing for the construction and maintenance of fire routes in the geographic area of Etobicoke, a By-law of the former City of Etobicoke. Bill No. 604 By-law No. 603-1999 To amend the General Zoning By-law No. 438-86 of the former City of Toronto with respect to the lands known as 40 Colgate Avenue, 64 Colgate Avenue, 309 and 355 Logan Avenue. Bill No. 605 By-law No. 604-1999 To amend further Metropolitan By-law No. 32-92, respecting the regulation of traffic on former Metropolitan Roads. Bill No. 606 By-law No. 605-1999 To amend further Metropolitan By-law No. 109-86 respecting maximum rates of speed on certain former Metropolitan Roads. Bill No. 608 By-law No. 606-1999 To amend further By-law No. 92-93, a By-law To regulate traffic on roads in the Borough of East York , being a by-law of the former Borough of East York. Bill No. 609 By-law No. 607-1999 To amend By-law No. 2958-94 of the former City of York, being a By-law To regulate traffic on City of York Roads . Bill No. 610 By-law No. 608-1999 To amend By-law No. 196-84 of the former City of York, being a By-law To regulate traffic on City of York Roads . Bill No. 611 By-law No. 609-1999 To amend former City of North York Sign By-law No. 30788 respecting signs on land development sites. Bill No. 612 By-law No. 610-1999 To Provide for the Levy and Collection of Special Charges for the Year 1999 in Respect of Upper Village (Toronto) Business Improvement Area and Forest Hill Village Business Improvement Area. Bill No. 613 By-law No. 611-1999 To amend further Metropolitan By-law No. 108-86 respecting Pedestrian Crossovers on certain former Metropolitan Roads. Bill No. 614 By-law No. 612-1999 To further amend former City of Toronto By-law No. 602-89, being A By-law to authorize the construction, widening, narrowing, alteration and repair of sidewalks, pavements and curbs at various locations , respecting the alteration of Albany Avenue by the installation of speed humps from Bloor Street West to Barton Avenue. Bill No. 615 By-law No. 613-1999 To further amend former City of Toronto By-law No. 602-89, being A By-law To authorize the construction, widening, narrowing, alteration and repair of sidewalks, pavements and curbs at various locations , respecting the alteration of Hillsdale Avenue East, Soudan Avenue and Manor Road East by the installation of speed humps from Yonge Street to Mount Pleasant Road. Bill No. 616 By-law No. 614-1999 To further amend former City of Toronto By-law No. 602-89, being A By-law To authorize the construction, widening, narrowing, alteration and repair of sidewalks, pavements and curbs at various locations , respecting the alteration of Redpath Avenue by the installation of speed humps from Eglinton Avenue East to Manor Road East. Bill No. 617 By-law No. 615-1999 To further amend former City of Toronto By-law No. 602-89, being A By-law To authorize the construction, widening, narrowing, alteration and repair of sidewalks, pavements and curbs at various locations , respecting the alteration of Roselawn Avenue by the installation of speed humps from Latimer Avenue to Rosewell Avenue. Bill No. 618 By-law No. 616-1999 To further amend former City of Toronto By-law No. 602-89, being A By-law To authorize the construction, widening, narrowing, alteration and repair of sidewalks, pavements and curbs at various locations , respecting the alteration of Merton Street by the installation of speed humps from Mount Pleasant Road to Bayview Avenue. Bill No. 619 By-law No. 617-1999 To further amend former City of Toronto By-law No. 602-89, being A By-law To authorize the construction, widening, narrowing, alteration and repair of sidewalks, pavements and curbs at various locations , respecting the alteration of McRoberts Avenue by the installation of speed humps from St. Clair Avenue West to Rogers Road. Bill No. 620 By-law No. 618-1999 To further amend former City of Toronto By-law No. 602-89, being A By-law To authorize the construction, widening, narrowing, alteration and repair of sidewalks, pavements and curbs at various locations , respecting the alteration of Shaw Street by the installation of speed humps from Marchmount Road to Wychcrest Avenue. Bill No. 621 By-law No. 619-1999 To further amend former City of Toronto By-law No. 602-89, being A By-law To authorize the construction, widening, narrowing, alteration and repair of sidewalks, pavements and curbs at various locations , respecting the alteration of Prescott Avenue by the installation of speed humps from Rowntree Avenue to Rockwell Avenue. Bill No. 622 By-law No. 620-1999 To further amend former City of Toronto By-law No. 602-89, being A By-law To authorize the construction, widening, narrowing, alteration and repair of sidewalks, pavements and curbs at various locations , respecting the alteration of Argyle Street from Ossington Avenue to Givens Street and Markham Street from Queen Street West to Robinson Street by narrowing and realigning the pavement. Bill No. 623 By-law No. 621-1999 To further amend former City of Toronto By-law No. 602-89, being A By-law To authorize the construction, widening, narrowing, alteration and repair of sidewalks, pavements and curbs at various locations , respecting the alteration of Merton Street near Yonge Street by narrowing the pavement. Bill No. 624 By-law No. 622-1999 To further amend former City of Toronto By-law No. 602-89, being A By-law To authorize the construction, widening, narrowing, alteration and repair of sidewalks, pavements and curbs at various locations , respecting the alteration of Dufferin Street north of the Canadian National Exhibition grounds by narrowing the pavement. Bill No. 625 By-law No. 623-1999 To layout and dedicate certain land for public highway purposes to form part of the public highway Clanton Park Road. Bill No. 626 By-law No. 624-1999 To layout and dedicate certain land for public lane purposes to form part of the public highway part of the public lane system in the block bounded by Cawthra Avenue, Junction Road, Mulock Avenue and Hirons Street. Bill No. 627 By-law No. 625-1999 To layout and dedicate certain land east of Leslie Street extending from Sears Street northerly to Memory Lane for public highway purposes to be named Brick Court; to layout and dedicate certain land for public highway purposes to form part of the public highway Sears Street; and, to layout and dedicate certain land for public highway purposes to form two new public lanes east of Leslie Street extending from Sears Street northerly to Memory Lane. Bill No. 628 By-law No. 626-1999 To layout and dedicate certain land for public highway purposes to form part of the public highway Dundas Street East between Logan Avenue and Carlaw Avenue. Bill No. 629 By-law No. 627-1999 To name the private road at 55 Kildonan Road Glenn Morrow Mews . Bill No. 630 By-law No. 628-1999 To layout and dedicate certain land south of St. Clair Avenue West for public highway purposes to form part of Keele Street. Bill No. 631 By-law No. 629-1999 To layout and dedicate certain land south of Danforth Avenue for public highway purposes to form part of Craven Road. Bill No. 632 By-law No. 630-1999 To amend the former City of Toronto Municipal Code Ch. 400, Traffic and Parking, with respect to speed control zones. Bill No. 633 By-law No. 631-1999 To amend By-law No. 31001 of the former City of North York, as amended. Bill No. 634 By-law No. 632-1999 To amend By-law No. 107-86, being A By-law Respecting Parking Meters on Metropolitan Roads, of the former Metropolitan Toronto , to amend the rates, duration times and hours of operations of parking meters on streets under the jurisdiction of the City of Toronto. Bill No. 635 By-law No. 633-1999 To amend By-law No. 197, being A By- law Respecting Parking Meters on Borough of East York Roads , of the former Borough of East York, to amend the rates, duration times and hours of operations of parking meters on streets under the jurisdiction of the City of Toronto. Bill No. 636 By-law No. 634-1999 To amend further Metropolitan By-law No. 32-92, respecting the regulation of traffic on former Metropolitan Roads. Bill No. 637 By-law No. 635-1999 To amend the former City of Toronto Municipal Code Ch. 400, Traffic and Parking, respecting Brock Avenue, Queen Street East. Bill No. 638 By-law No. 636-1999 To amend former City of Toronto Municipal Code Chapter 400, Traffic and Parking, to change New Street from area-based permit parking to street-based permit parking in Area 5E. Bill No. 639 By-law No. 637-1999 To amend the former City of Toronto Municipal Code Ch. 400, Traffic and Parking, Schedule XXVI (Permit Parking), by adding a new Part AB and a new Part AD and respecting Brunswick Avenue and Queen Street East. Bill No. 640 By-law No. 638-1999 To authorize the alteration of Humbercrest Boulevard from Dundas Street West to St. John s Road by the implementation of a traffic calming plan. Bill No. 641 By-law No. 639-1999 To amend the former City of Toronto Municipal Code Ch. 400, Traffic and Parking, respecting Armadale Avenue, Bingham Avenue, Bowmore Road, Carlaw Avenue, Cheritan Avenue, Coatsworth Street, Front Street, Gladstone Avenue, Indian Road, Inglewood Drive, Jerome Street, Larchmount Avenue, Madison Avenue, Margueretta Street, Orchard Park Boulevard, Pape Avenue, Palmerstone Avenue, Penny Lane, Quebec Avenue, Roxborough Street, Seaton Street, Wellington Street West, Widmer Street. Bill No. 642 By-law No. 640-1999 To amend By-law No. 3491-80 of the former Borough of York, being a By-law To Provide for Night-time Parking of Motor Vehicles on Borough of York Highways . Bill No. 643 By-law No. 641-1999 To authorize the alteration of Kennedy Road at Wickware Gate by the removal of a traffic island and installation of a landscaped median. Bill No. 644 By-law No. 642-1999 To designate certain lands on a registered plan not subject to Part Lot Control in the Clairlea Community. Bill No. 645 By-law No. 643-1999 To amend By-law No. 817-98 to extend the period of interim control on certain lands zoned Limited Institutional in the Birchcliff Community Zoning By-law No. 8786. Bill No. 646 By-law No. 644-1999 To amend By-law No. 476-1999, being a By-law Respecting Development Charges. Bill No. 649 By-law No. 645-1999 To adopt Amendment No. 74-99 to the Official Plan of the Etobicoke Planning Area in order to implement a site-specific amendment affecting the lands located on the southwest corner of Bloor Street West and Thompson Avenue. Bill No. 650 By-law No. 646-1999 To Amend chapter 320 and 324, site specifics, of the Etobicoke Zoning Code with respect to certain lands located on the southwest corner of Bloor Street West and Thompson Avenue, municipally known as 3085 Bloor Street West and 20 Thompson Avenue. Bill No. 651 By-law No. 647-1999 To authorize the issue of an instalment debenture in the amount of $228,373.00 for the purpose of City of Toronto. Bill No. 652 By-law No. 648-1999 To authorize the issue of an instalment debenture in the amount of $95,722.00 for the purpose of City of Toronto. Bill No. 653 By-law No. 649-1999 To authorize the issue of an instalment debenture in the amount of $600,000.00 for the purpose of City of Toronto. Bill No. 654 By-law No. 650-1999 To amend By-law No. 165-1999 and the Municipal Code of the former City of Etobicoke with respect to Traffic - Chapter 240, Article I. Bill No. 655 By-law No. 651-1999 To amend By-law No. 38-1999 respecting the repeal of By-laws Nos. 14834 and 1982-152 with Respect to Certain Lands Located on the Northwest Corner of Kipling Avenue and Clement Road, municipally known as 1558 Kipling Avenue. Bill No. 656 By-law No. 652-1999 To amend Zoning By-law No. 1-83 of the former City of York respecting lands known as 164 Vaughan Road. Bill No. 657 By-law No. 653-1999 To adopt Amendment No. 156 of the Official Plan for the former City of York respecting lands known as the rear of 1945 Lawrence Avenue West. Bill No. 658 By-law No. 654-1999 To amend Zoning By-law No. 1-83 of the former City of York respecting lands known as the rear of 1945 Lawrence Avenue West. Bill No. 659 By-law No. 655-1999 To amend East York Zoning By-law No. 6752. Bill No. 660 By-law No. 656-1999 To amend Restricted Area Zoning By-law No. 6752, as amended, of the former Township of East York, respecting the lands known as 153 Torrens Avenue. Bill No. 662 By-law No. 657-1999 To adopt Amendment No. 21 to the Official Plan for the former Borough of East York affecting lands municipally known as 41 to 63 Halsey Avenue. Bill No. 663 By-law No. 658-1999 To amend Zoning By-law No. 6752, as amended, of the former Township of East York respecting the lands known as 41 to 63 Halsey Avenue. Bill No. 664 By-law No. 659-1999 To amend By-law No 96-80 of the former Municipality of Metropolitan Toronto respecting the regulation of the discharge of water obtained from a private water works system into the City sewer system and charging a rate therefor. Bill No. 665 By-law No. 660-1999 To rebate the surcharge on water rates for sewage works purposes for the portion of water that is not discharged to the sanitary sewer system. Bill No. 666 By-law No. 661-1999 To fix the rates for the supply of water and sewage services by the City of Toronto. Bill No. 667 By-law No. 662-1999 To amend By-law No. 1994-0806, the Railway Lands Central Zoning By-law, by removing the holding symbol from 401 Front Street West. Bill No. 668 By-law No. 663-1999 To adopt an amendment to the Official Plan for the former City of Toronto respecting lands known as 1115 and 1121 Bay Street. Bill No. 669 By-law No. 664-1999 To amend By-law No. 438-86 of the former City of Toronto, as amended, respecting 1115 and 1121 Bay Street and to repeal By-law No. 311-78 of the former City of Toronto, respecting lands known as 1121 Bay Street. 10.88 On September 29, 1999, at 5:16 p.m., Councillor Flint, seconded by Councillor Jones, moved that leave be granted to introduce the following Bills, and that these Bills, prepared for this meeting of Council, be passed and hereby declared as By-laws, which carried: Bill No. 647 By-law No. 665-1999 To authorize and regulate the erection, placing, maintenance or construction of telecommunications equipment on, across or along any street or public place under the jurisdiction of the City of Toronto. Bill No. 648 By-law No. 666-1999 To provide authority for the Chief Administrative Officer and certain other officials employed by the City as Alternates, to sign and affix the corporate seal on behalf of the City to documents required to close the transactions to restructure Toronto District Heating Corporation. 10.89 On September 29, 1999, at 5:17 p.m., Councillor Bussin, seconded by Councillor Fotinos, moved that leave be granted to introduce the following Bill, and that this Bill, prepared for this meeting of Council, be passed and hereby declared as a By-law: Bill No. 671 By-law No. 667-1999 To confirm the proceedings of the Council at its meeting held on the 28th and 29th days of September, 1999, the vote upon which was taken as follows: Yes - 43 Mayor: Lastman Councillors: Adams, Ashton, Balkissoon, Berardinetti, Berger, Brown, Bussin, Cho, Chong, Chow, Disero, Duguid, Feldman, Filion, Flint, Fotinos, Gardner, Giansante, Holyday, Jakobek, Jones, Kelly, Kinahan, King, Korwin-Kuczynski, Layton, Lindsay Luby, McConnell, Mihevc, Minnan-Wong, Moscoe, Nunziata, O Brien, Ootes, Pantalone, Pitfield, Prue, Rae, Shaw, Shiner, Soknacki, Walker No - 2 Councillors: Altobello, Mammoliti Carried by a majority of 41. The following Bills were withdrawn: Bill No. 607 To amend further Metropolitan By-law No. 109-86 respecting maximum rates of certain former Metropolitan Roads. Bill No. 661 To amend Restricted Area Zoning By-law No. 1916, as amended, of the former Town of Leaside, respecting lands known as 206 Laird Drive and 186 Parkhurst Boulevard. OFFICIAL RECOGNITIONS: 10.90 Condolence Motions Councillor Duguid, seconded by Mayor Lastman, moved that: WHEREAS the Members of City Council are deeply saddened to learn of the passing of Mr. Vincent Scott, on Monday, August 23, 1999; and WHEREAS Mr. Scott held a degree in Chemical Engineering from the University of Edinburgh, Scotland, and a Certificate of Public Administration from the University of Toronto; and WHEREAS Mr. Scott began his municipal career in 1986, when he joined the former Metropolitan Toronto Corporation, serving as the Assistant Director of Budget Analysis and Control in the Finance Department for over eleven years; and WHEREAS Mr. Scott brought to his position extensive experience in financial services and systems, having worked for the Bank of Montreal and the Provincial Government of Ontario, prior to joining the Metropolitan Toronto Corporation; and WHEREAS in 1997, Mr. Scott assumed the position of Director, Operations Support for the Social Services Division of the Community and Neighbourhood Services Department, where his dedication and hard work were appreciated by all who had the privilege of working with him; and WHEREAS Mr. Scott had many friends and associates across the City of Toronto, and his quick wit, and willingness to assist will be sorely missed; NOW THEREFORE BE IT RESOLVED THAT the City Clerk be directed to convey, on behalf of Members of City Council, our sincere sympathy to Mr. Scott s family, his wife Johanna, and his mother and brothers in the United Kingdom. Councillor Mammoliti, seconded by Councillor Sgro, moved that: WHEREAS City Council has been saddened to learn that on Thursday, August 26, 1999, Domenic Di Luca passed away suddenly, in North York; and WHEREAS Mr. Di Luca had been an organizing driving force and the President of the Centro Ricreativo Anziani Italiani, Comunita Stanley, which is the largest seniors organization in the City of Toronto; and WHEREAS the late Domenic Di Luca was a community-minded individual, who was instrumental in helping bring to his community, improvements to it s Community Centre, for everyone to use; and WHEREAS our local Stanley Community has benefited by Domenic Di Luca s community involvement, commitments and achievements; and WHEREAS we, in the City of Toronto, the local community and Domenic s family will forever greatly miss Domenic s sparkle, energy and positive driving force that indeed impressed and inspired us during our daily lives, and we will be forever thankful for the mutual bonding and respect that we have all shared; NOW THEREFORE BE IT RESOLVED THAT the City Clerk be directed send a copy of this Motion and to convey, on behalf of Toronto City Council, its sincere sympathy to Domenic Di Luca s widow (Julie) and the members of their family. Leave to introduce the Motions was granted and the Motions were adopted unanimously. Council rose and observed a moment of silence in memory of the late Messrs. Di Luca and Scott. 10.91 Presentations/Introductions/Announcements: September 28, 1999: Mayor Lastman, during the morning session of the meeting, advised Council that Mr. David Soknacki had been elected in the by-election on September 23, 1999, as the Councillor for Scarborough-Highland Creek; that voter turnout was 18 percent and Councillor Soknacki had received 6,003 votes; and that Councillor Soknacki had subsequently taken the Declaration of Office and the Oath of Allegiance. Mayor Lastman, on behalf of the Members of Council, welcomed Councillor David Soknacki, the newly-elected Member of Council for Scarborough-Highland Creek. Mayor Lastman also congratulated the City Clerk and her staff for the efficient running of the Scarborough-Highland Creek by-election, noting that election results were available 23 minutes after the polls closed, and extended congratulations, on behalf of the Members of Council, to Mr. John Hollins, Director of Elections, and his staff, in particular, Mrs. Barbara Liddiard, and the many others who contributed to the success of the by-election. Mayor Lastman, during the morning session of the meeting, invited Councillor Olivia Chow, Chair, Children and Youth Action Committee, and Councillor Brad Duguid, Chair, Community Services Committee, to the podium and invited Councillor Chow to address the Council in regard to Breakfast for Learning Week; proclaimed September 26 to October 2, 1999, as Breakfast for Learning Week in the City of Toronto; and, to mark the occasion, Councillor Chow presented a copy of the proclamation to Ms. Bonnie Cowan, President of Breakfast for Learning. Mayor Lastman, during the morning session of the meeting, invited Councillor John Filion, Chair, Board of Health, to the podium to address the Council in regard to Toronto Child Nutrition Week; proclaimed September 26 to October 2, 1999, as Toronto Child Nutrition Week in the City of Toronto; and, to mark the occasion, presented a copy of the proclamation to Ms. Gail Nyberg, Chair, Toronto District School Board, and Mr. Joseph Martino, Chair, Toronto Catholic School Board. Mayor Lastman, during the morning session of the meeting, invited Councillor Giansante, Chair, Etobicoke Community Council, to the podium to address the Council in regard to Mr. John Vennare, who has just cycled across Canada on his Tour for the Cure , a fund raising and awareness campaign in support of cancer imaging research at Sunnybrook Hospital and Women s College Health Sciences Centre; and, to mark the occasion, Councillor Giansante presented a City of Toronto jacket to Mr. Vennare. Councillor Fotinos, during the morning session of the meeting, introduced Mr. Cosmas Pougaridis, a renowned journalist and municipal politician from Ptolemaida, Macedonia, present at this meeting. Councillor Layton, during the afternoon session of the meeting, introduced Mr. Gerry Nudds, President, Rotary Club, Mr. Michael Morgan, Ms. Andree Cazabon and Detective Sergeant Garry Keyes, President of Operation Go Home , present at this meeting; advised the Council that the Rotary Club of Toronto, the Mayor s partners on the Millennium coin project , have donated $200,000.00 towards the Mayor s homeless initiative in the past two years; further advised the Council that Ms. Cazabon, a young woman who was once homeless, has made a movie about life on the streets, the premiere of which will be held at the Royal Ontario Museum on September 30, 1999; and invited Ms. Cazabon to the podium to present the first official copy of the film to Mayor Lastman. September 29, 1999: Mayor Lastman, during the morning session of the meeting, invited Councillor Jones, Member, Board of Health, to the podium to address the Council in regard to Breastfeeding Week; and proclaimed October 1 to 7, 1999, as Breastfeeding Week in the City of Toronto. Councillor Cho, Chair, Board of Directors of the Toronto Zoo, during the morning session of the meeting, advised the Council that the Toronto Zoo and the Seoul Grand Park of the City of Seoul, Republic of Korea, have agreed, in accordance with the Joint Agreement on the Establishment of a Sister Relationship , to enter into an agreement to exchange a lone partner animal and endangered species animal for the purpose of breeding; and that the Toronto Zoo had presented to the Seoul Grand Park one male Przewalski s Wild Horse (Equus przewalskii przewalskii). Councillor Layton, during the morning session of the meeting, addressed the Council in regard to the 1999 White Ribbon Campaign, which is being held from November 25, 1999, to December 6, 1999, and invited all Members of Council and staff to participate in this campaign to end violence against women. Councillor Pantalone, during the morning session of the meeting, introduced the delegation from Puglia, led by Dr. Luigi Festinante, accompanied by Dr. Antonio Peragine and hosted by Mr. Emilio Alusio, present at this meeting. 10.92 MOTIONS TO VARY PROCEDURE Waive the provisions of the Procedural By-law related to meeting times: September 28, 1999: Deputy Mayor Ootes, at 12:30 p.m., moved that, in accordance with subsection 11(8) of the Council Procedural By-law, Council waive the requirement of the 12:30 p.m. recess, in order to conclude consideration of Clause No. 2 of Report No. 7 of The Policy and Finance Committee, headed Recreation Needs Assessment and Feasibility Study Findings and Recommendations Respecting Five Study Areas - (Wards 2, 6, 19, 24, 25, 27 and 28) , which carried, more than two-thirds of Members present having voted in the affirmative. Councillor Disero, at 6:55 p.m., during the in-camera portion of the meeting, moved that, in accordance with subsection 11(8) of the Council Procedural By-law, Council waive the requirement of the 7:30 p.m. recess, in order to conclude consideration of Clause No. 1 of Report No. 5 of The Administration Committee, headed Request for Proposal for the Acquisition of 2,000 Optical Scan Vote Tabulators and 100 Touch Screen Voting Units , and Clause No. 22 of Report No. 3 of The Works Committee, headed Hired Loaders, Ploughs, and Tractors for Winter Services, District One, for the Period December 1, 1999, to March 31, 2003 - Contracts Nos. T-68-99, T-69-99, T-70-99 and T-72-99 (East York, High Park, Trinity Niagara, Davenport, North Toronto, Midtown, Downtown, Don River, East Toronto, York Humber and York Eglinton) , which carried, more than two-thirds of Members present having voted in the affirmative. September 29, 1999: Councillor Lindsay Luby at 12:29 p.m., moved that, in accordance with subsection 11(8) of the Council Procedural By-law, Council waive the requirement of the 12:30 p.m. recess, in order to conclude consideration of Clause No. 9 of Report No. 9 of The East York Community Council, headed Application to Amend Zoning By-law No. 1916 Regarding 206 Laird Drive and 186 Parkhurst Boulevard , which carried, more than two-thirds of Members present having voted in the affirmative. 10.93 ATTENDANCE Councillor Mihevc, seconded by Councillor Fotinos, moved that the absence of Councillor Moeser from this meeting of Council be excused, which carried. Ctte. of the 9:40 a.m. Roll Call 2:13 p.m. Whole 7:52 p.m. September 28, to 2:15 p.m. to 6:35 in-Camera to 7:56 1999 12:42 p.m.* 6:40 p.m.* p.m.* p.m.* Lastman x - x x x Adams - - x x x Altobello x x x x - Ashton x x x - - Augimeri x - x - - Balkissoon x x x x x Berardinetti x x x x x Berger x x x x x Bossons x - x x x Brown x x x x - Bussin x - x x x Cho x x x x x Chong x x x x x Chow x x x x x Davis x - x - - Disero x x x x x Duguid x x x x x Feldman - - - - - Filion x - - - - Flint x x x x x Fotinos x x x x x Gardner x x x x x Giansante x x x x x Holyday x x x x x Jakobek x x x x x Johnston x x x - - Ctte. of the 9:40 a.m. Roll Call 2:13 p.m. Whole 7:52 p.m. September 28, to 2:15 p.m. to 6:35 in-Camera to 7:56 1999 12:42 p.m.* 6:40 p.m.* p.m.* p.m.* Jones x x x x - Kelly x x x x x Kinahan x x x x - King x - x x x Korwin-Kuczynski x x x x x Layton x x x x x Lindsay Luby x x x x x Li Preti x x x - - Mahood x - x x - Mammoliti x - - - - McConnell x x x x x Mihevc x - x x x Miller x x x x x Minnan-Wong x - x - - Moeser - - - - - Moscoe x x x x x Nunziata x x x x x O Brien x x x x x Ootes x x x x x Pantalone x x x x x Pitfield x x x x - Prue x x x x x Rae x x x x x Saundercook x x x x x Sgro x - x - - Shaw x - x x x Shiner x x x x x Silva x - x x x Ctte. of the 9:40 a.m. Roll Call 2:13 p.m. Whole 7:52 p.m. September 28, to 2:15 p.m. to 6:35 in-Camera to 7:56 1999 12:42 p.m.* 6:40 p.m.* p.m.* p.m.* Sinclair x - x x x Soknacki x x x x x Tzekas x - x - - Walker x - x x x Total 55 38 54 46 40 * Members were present for some or all of the time period indicated. Cte. of 9:44 a.m. 2:14 p.m. the Whole 4:15 Roll to Roll in-Camera p.m. September 29, Call 12:42 Call to 2:50 to 1999 9:45 p.m.* 2:15 2:40 p.m.* 5:18. a.m. p.m. p.m.* p.m.* Lastman - x - x x x Adams - x x x x x Altobello x x x x x x Ashton x x x x x x Augimeri x x - - - - Balkissoon - x x x x x Berardinetti x x x x x x Berger x x x x x x Bossons - x x x x x Brown - - - - x x Bussin x x - - x x Cho x x - - - - Chong x x x x x - Chow - x - - x x Davis - - - - - - Disero x x x x x x Duguid x x x x x x Cte. of 9:44 a.m. 2:14 p.m. the Whole 4:15 Roll to Roll in-Camera p.m. September 29, Call 12:42 Call to 2:50 to 1999 9:45 p.m.* 2:15 2:40 p.m.* 5:18. a.m. p.m. p.m.* p.m.* Feldman x x x x x x Filion - x - x x x Flint x x x x x x Fotinos x x x x x x Gardner x x - x - x Giansante x x - x x x Holyday x x x x x x Jakobek x x - - - x Johnston x x x x x - Jones x x x x x x Kelly x x x x x x Kinahan x x x x x x King x x x x x x Korwin-Kuczynski x x x x x x Layton x x - - x x Lindsay Luby x x x x x x Li Preti x x - - x x Mahood x x - x - - Mammoliti - - - - x x McConnell x x - x x x Mihevc x x - x x x Miller - x x x x - Minnan-Wong x x - x x x Moeser - - - - - - Moscoe - x x x x x Nunziata x x x x x x O Brien x x x x x x Ootes x x x x x x Cte. of 9:44 a.m. 2:14 p.m. the Whole 4:15 Roll to Roll in-Camera p.m. September 29, Call 12:42 Call to 2:50 to 1999 9:45 p.m.* 2:15 2:40 p.m.* 5:18. a.m. p.m. p.m.* p.m.* Pantalone x x x x x x Pitfield x x - x x x Prue x x x x x x Rae x x x x x x Saundercook - x x x x x Sgro - x - x x - Shaw - x x x x x Shiner x x x x x x Silva x x x - - - Sinclair - x x x x x Soknacki x x x x x x Tzekas - x x x x - Walker x x x x - x Total 41 54 37 47 49 48 * Members were present for some or all of the time period indicated. MEL LASTMAN, NOVINA WONG, Mayor City Clerk ATTACHMENT NO. 1 Report dated September 27, 1999, from the Commissioner of Works and Emergency Services, entitled Proposed Closing and Conveyancing of the Public Lane in the Block Bounded by College Street, Huron Street, Russell Street and St. George Street - University of Toronto Lands (Downtown) (See Minute No. 10.82, Page 89): Purpose: To obtain City Council authority for the stopping-up and closing of the public lane 45.73 metres north of College Street extending easterly from Huron Street, to accommodate the imminent construction of the Centre for Information Technology by the University of Toronto. Funding Sources, Financial Implications and Impact Statement: Not applicable. Recommendations: It is recommended that, subject to any additional terms and conditions including compensation and costs, that may be determined by City Council in connection with the proposed conveyance of the subject lane, as set out in a separate report to be submitted to City Council from the Acting Commissioner of Corporate Services: (1) the public lane 45.73 metres north of College Street extending easterly from Huron Street, shown hatched on the attached Plan SYE2930, be stopped- up and closed; (2) the public hearing required to be held pursuant to the terms of the Municipal Act be held by City Council; and (3) the appropriate City Officials be authorized to take the necessary action to give effect to the foregoing, including the introduction in Council of any Bills that might be required and the giving of notice to the public. Comments: Works and Emergency Services received a request, under date of August 3, 1999, from Mr. Stanley Makuch of Cassels Brock and Blackwell on behalf of the University of Toronto, to stop-up and close the public lane shown hatched on the attached Plan SYE2930. We are advised that the closing is required by the University of Toronto for incorporation into their site lands for the construction of the Centre for Information Technology which must be completed by the beginning of the academic year 2001, in order for the University to meet its commitment to double its enrollment in computer science and computer engineering programmes. In order to accomplish this, the University advises that construction must commence this October. The lane closing process, therefore, must be expedited so that the bill to close the lane and to authorize its sale to the University of Toronto can be presented to Council for enactment on October 26, 1999. Staff have assessed the proposal and consider it feasible. The University is the only land owner abutting the lane. A separate report concerning the sale of the lands will be submitted to City Council by the Acting Commissioner of Corporate Services. This undertaking is pre-approved in accordance with Schedule A of the Class Environmental Assessment for Municipal Road Projects. Due to time constraints associated with meeting the deadline for the City Council meeting of September 28, 1999, it has not been possible to determine in detail the extent of municipal services or public utilities within these lands. The Departmental identification of municipal services and public utilities will be completed prior to the introduction of the necessary Bills in Council. Contact Name and Telephone Number: Andrew Koropeski, Director Transportation Services District 1 392-7714 (A copy of Plan SYE2930 referred to in the foregoing report is on file in the office of the City Clerk.) ATTACHMENT NO. 2 Report dated September 27, 1999, from the Acting Commissioner of Corporate Services, entitled Proposed Closing of City-Owned Public Lane North of College Street, Extending Easterly from Huron Street and Conveyance to the University of Toronto (Ward 24 - Downtown) (See Minute No. 10.82, Page 89): Purpose: The purpose of this report is to obtain City Council approval: (a) to declare as surplus the City-owned lands shown hatched on the attached Plan SYE2930, being a public lane north of College Street extending easterly from Huron Street; and (b) to authorize the sale of the lands to the University of Toronto, the owner of all of the adjoining property, for the sale price to be determined by City Council at its meeting scheduled to be held on October 26, 1999. Financial Implications: The recommended amount of compensation the City of Toronto should receive from the University of Toronto for the conveyance of the subject lands will be reported to City Council at its meeting scheduled to be held on October 26, 1999. Recommendations: Subject to City Council approving the stopping up and closing of the public lane shown hatched on Plan SYE2930, it is recommended that: (1) City Council declare the proposed conveyance of the subject lands shown hatched on the attached sketch SYE2930, to be in compliance with the former City of Toronto Part 1 Official Plan, (Section 3.3); (2) the public lane shown hatched on the attached Plan SYE2930 be declared surplus; (3) the public lane be conveyed to the University of Toronto upon compliance with the following terms and conditions: (a) indemnify the City together with such other persons as the City Solicitor may require, against all loss, cost, damage or action arising as a result of the closing and/or the sale; (b) pay to the City a sum, to be determined by City Council upon completion of an appraisal, for the fee in the subject lands; (c) provide a Reference Plan of Survey, integrated with the Ontario Co-ordinate System, showing the lane to be closed as a separate Part; (d) pay the cost of adjustment of any municipal services and utilities that may be located within the public lane, if necessary, with the costs to be determined by the Commissioner of Works and Emergency Services and the appropriate utility companies; (e) pay the cost of registration of the Closing By-law and usual closing documents, upon closing; (f) pay all out-of-pocket expenses that will be incurred by the City as a result of the closing and conveyance, estimated to be $3,500.00, and agree that any such money expended will not be refunded in the event that the transaction is not completed; and (g) comply with such other terms and conditions as the City Solicitor may deem advisable to protect the City s interests; (4) the Acting Commissioner of Corporate Services be directed to give notice to the public of the proposed sale to the adjoining property owner of the public lane; (5) the public hearing required to be held pursuant to the terms of the Municipal Act be held by City Council; (6) the City Solicitor, in consultation with the Executive Director of Facilities and Real Estate, be authorized to complete this transaction on the basis of such terms and conditions as required by the City Solicitor and in a form and content satisfactory to the City Solicitor; (7) the Acting Commissioner of Corporate Services be directed to report to City Council at its meeting scheduled to be held on October 26, 1999, on the amount of compensation the City of Toronto should receive from the University of Toronto for the fee in the subject lands; and (8) the appropriate City Officials be authorized to take the necessary action to give effect to the foregoing, including introducing the necessary bills in Council. Background: The University of Toronto has submitted an application to the City to stop up, close and convey to the University the public lane shown hatched on the attached Plan SYE2930. The University of Toronto has made a commitment to double its enrolment in computer science and computer engineering programs. In order to meet this commitment, the University of Toronto intends to construct the Centre for Information Technology with construction to be completed prior to commencement of the academic year 2001. In order to accomplish this, the University advises that construction must commence in October, 1999. In an effort to assist the University of Toronto, it is necessary to report directly to City Council on this matter. Comments: The subject public lane is located east of Huron Street, north of College Street and is surrounded entirely by land owned by the University of Toronto. The public lane has a total area of 282 square metres. City Council at its meeting held on July 31, 1998, passed By-law No. 551-98 to establish procedures governing the sale of Real Property. Where City Council has declared a site to be surplus in accordance with the Municipal Act, the Commissioner of Corporate Services shall give notice to the public of the proposed sale. Due to time constraints, staff have not had an opportunity to complete an appraisal of the value of the public lane. Staff will expedite this matter and the Acting Commissioner of Corporate Services will report to City Council on the recommended sale price at its meeting scheduled to be held on October 26, 1999. In addition, due to time constraints, it has not been possible for Works and Emergency Services to assemble the necessary information on whether any municipal services or utilities will require adjustments. However, the University of Toronto recognizes that they will have to pay all adjustment costs for services within the lane, if necessary. Works and Emergency Services will complete the Departmental identification of municipal services and utilities prior to the introduction of the necessary bills in Council. A separate report on the stop-up and closure of the public lane is also being submitted directly to City Council by the Commissioner of Works and Emergency Services. Conclusion: The subject public lane is surplus to City requirements and is surrounded by land owned by the University of Toronto. The University of Toronto requires the site in order to proceed with the construction of the Centre for Information Technology . Therefore, subject to City Council approving the stopping up and closing of the subject public lane, the site should be declared surplus and sold to the University of Toronto. Contact Name: Bonnie G. Duncan, Portfolio Planner, Facilities and Real Estate Telephone: (416) 392-1961; Fax No. (416) 392-1880; E-mail: bduncan@city.toronto.on.ca (A copy of Plan SYE2930 referred to in the foregoing report is on file in the office of the City Clerk.) ATTACHMENT NO. 3 Report dated September 28, 1999, from the Chief Financial Officer and Treasurer, entitled Issuance of Debentures Re: Federal Residential Rehabilitation Assistance Program (RRAP) (See Minute No. 10.84, Page 94): Purpose: To request that the necessary Bills be introduced in Council at its meeting on September 28 and 29, 1999, to give effect to the issuance of debentures. Funding Sources, Financial Implications and Impact Statement: The interest and principal payments associated with the debenture will be forgiven by Canada Mortgage and Housing Corporation (CMHC) unless the City does not adhere to the terms and conditions of the operating and financing agreements. Recommendations: It is recommended that: (1) authority be granted for the introduction of the necessary Bills in Council to give effect to the issuance of debentures; and (2) the appropriate officials be authorized to take the necessary actions to give effect thereto. Background: At its meeting held on April 13, 14 and 15, 1999, Council adopted Clause No. 3 Special Funding Under the Federal Residential Rehabilitation Assistance Program dated March 10, 1999, as contained in Report No. 4 of The Community and Neighbourhood Services Committee. Recommendation No. (4) was amended to read as follows: (4) (a) the Chief Financial Officer and Treasurer, in consultation with the City Solicitor, be requested to report directly to Council on a financing mechanism by which the acceptance of RRAP loans for 11 Ordnance Street, 349 George Street and 156-158 Munro Street could be achieved and (b) subject to the approval of a satisfactory financing mechanism, Council approve the City s acceptance of the RRAP loans. Comments/Discussion: Under the standard terms and conditions required by the CMHC to provide RRAP loans, the property to be repaired under the program is usually mortgaged by the owner in favour of CMHC, although the loan is forgivable and payments are only required if the terms and conditions contained in the approval letter are not met. Because these properties are owned by the City, the Municipal Act does not allow them to be mortgaged. Therefore, a verbal assurance was sought and received from CMHC that they would accept a debenture issued by the City in lieu of a mortgage to secure the RRAP loan. This arrangement was used during the 1970 s by the former Metropolitan Toronto to successfully secure CMHC financing for various water and water pollution control projects. The terms and conditions of these debentures have been stipulated by an operating and a financing agreement between the City and CMHC. The details of the debentures are: Property Location Amount Interest Issuance Maturity $ Rate % Date Date 11 Ordnance St. 600,000.00 7.50 Oct. 1, 1999 Oct. 1, 2007 349 George St. 228,373.00 7.50 Oct. 1, 1999 Oct. 1, 2007 156 -158 Munro St. 95,722.00 7.50 Oct. 1, 1999 Oct. 1, 2014 By-law No. 66-1999, as adopted by City Council on February 4, 1999, authorizes the Mayor and Treasurer to enter into agreements for the issue and sale of debentures during the year 1999 to provide an aggregate amount not exceeding $500,000,000.00 for purposes of the City of Toronto, any former Area Municipality, the former Municipality of Metropolitan Toronto, and a board of education. Any such agreement must be reported to Council not later than the second regular meeting of Council after the agreement is signed and Council is required to pass all necessary money by-laws required to carry out the agreement. Delivery of the debentures and the receipt of proceeds will occur on October 1, 1999. Conclusion: Under the Municipal Act, the City is not allowed to mortgage its properties but can issue debentures. In lieu of issuing a mortgage to secure the RRAP loans from CMHC, these debentures are being issued. No interest or principal repayment is required by CMHC unless the terms and conditions of the operating and financing agreements between the City and CMHC are not met. Contact Name: Martin Willschick, Manager, Treasury Telephone: 392-8072 E-mail: mwillsch@mta1.metronet.metrotor.on.ca Len Brittain, Director of Treasury & Financial Services Telephone: 392-5380 Fax: 392-3649 E-mail: lbrittai@city.toronto.on.ca ATTACHMENT NO. 4 Report dated September 21, 1999, from the Commissioner, Works and Emergency Services, entitled Assumption of Private Sanitary Sewer, Storm Sewer and Watermain - No. 605 Adelaide Street West (Ward 20 _ Trinity-Niagara) (See Minute No. 10.85, Page 95): Purpose: To assume ownership of a 300 mm Sanitary Sewer and a 100 mm Watermain required to service the proposed development at 605 Adelaide Street West. Funding Sources: N/A Recommendations: It is recommended that: (1) approval be given to assume the ownership of a 300 mm Sanitary Sewer and a 100 mm Watermain required to service the development at 605 Adelaide Street West, subject to the owner of these properties granting the necessary easement to the City, as indicated on Sketch No. EAS-495 attached, in accordance with the terms and conditions outlined in this report and any others the City Solicitor or Commissioner of Works and Emergency Services may determine necessary; and (2) the appropriate City Officials be authorized to take whatever action is necessary to implement the foregoing, including the introduction in Council of any Bills that may be required. Background: On January 21, 1998, the Committee of Adjustment approved an application filed by Crown Regal Properties Limited to construct a twenty-five-unit townhouse development within the subject property. To service this development, it is necessary to construct a 300 mm Sanitary Sewer and a 100 mm Watermain on private property with connection to the municipal services on Adelaide Street West as shown on Sketch No. EAS-495 attached. The sewer and watermain for the subject development has been designed by the Developer s registered professional engineer in accordance with the Department s current standards and specifications, and was constructed under the City s inspection. The servicing work was completed on March 30, 1999 to the satisfaction of the City. Crown Regal Properties Limited, the current owner of the properties, has requested that the City of Toronto assume the proposed Sanitary Sewer and Watermain servicing the proposed dwelling units within the subject properties. Discussion: Since the private ownership of common Sanitary Sewer and Watermain often results in inadequate maintenance and eventual servicing problems, the former City of Toronto has, in the past, assumed services built to City standards. The work at 605 Adelaide Street West was carried out in good faith by the developer who believed the City would assume the service according to former City of Toronto practice. Accordingly, the developer s request should be accepted, subject to the following conditions. (1) Prior to assumption of the services by the City, the Owner shall: (a) provide, at its own cost, all necessary legal surveys and descriptions for the easement; (b) provide certification by the Professional Engineer that the work has been executed in accordance with the approved plans and specifications; (c) provide a Letter of Credit in the amount of 25 percent of the cost of the services to be held as a maintenance guarantee for a period of two years; (d) for a nominal fee, enter into an Easement Agreement with the City for the maintenance, repair and reconstruction of the services, generally, as indicated on Sketch No. EAS-495 attached, containing the following terms and conditions and any others that the City Solicitor or I may determine to be necessary: (i) no buildings, structures or work of any kind shall be erected or placed in, under, over, or upon the Easement Lands without the prior written approval of the Commissioner of Works and Emergency Services; (ii) the Owner shall protect the services against damage during any construction or alteration of any buildings or structure on the property, and agrees to provide detailed plans for protection of the services for the review and approval of the Commissioner of Works and Emergency Services prior to commencing any such work; (iii) the City shall have a right of access over the Easement Lands at any time to survey, lay, construct, operate, use, inspect, remove, renew, replace, alter, enlarge, reconstruct, repair, expand, and maintain the services; (iv) the City shall, after each entry, restore the Easement Lands as nearly as possible to their previous condition; (v) neither the Owner nor anyone acting for or on behalf of the Owner, shall permit any other utility to be located in, under, over, or upon the Easement Lands, without the prior written approval of the Commissioner of Works and Emergency Services; (vi) any separate drains and private water service connections located or installed in the future in, under, and/or upon the Easement Lands, shall remain the responsibility of the Owner; and (vii) the Owner shall indemnify the City against any action which may be brought against the City with respect to building structures and appurtenances adjacent to the Easement Lands, resulting from or arising out of the City s exercise of the rights transferred to it or arising out of the acquisition of the services and/or the easement, provided such action does not arise out of negligence on the part of the City; and (2) within six months of completing the servicing work, the Owner shall provide as-built drawings of the services in a reproducible format, and video inspection of the sewer lines. If the above is not provided, the City will, at its discretion, prepare the documents and draw the associated costs from the Letter of Credit. Crown Regal Properties Limited has agreed, in writing, to the terms and conditions. Conclusions: Approval should be given from the City to assume ownership of the Sanitary Sewer and Watermain servicing No. 605 Adelaide Street West at nominal cost. Contact Name and Telephone Number: Tim Dennis Manager of Design and Construction District 1, Area 2 Telephone - (416) 392-6787 (A copy of Sketch No. EAS-495 referred to in the foregoing report is on file in the office of the City Clerk.)

 

   
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