Item - 2011.CC10.5
Tracking Status
- City Council adopted this item on July 12, 2011 with amendments.
CC10.5 - Toronto Port Authority Pedestrian Tunnel and Related Issues
- Decision Type:
- ACTION
- Status:
- Amended
- Wards:
- 20 - Trinity-Spadina, 28 - Toronto Centre-Rosedale
City Council Decision
City Council on July 12, 13 and 14, 2011, adopted the following:
1. City Council determine that the decision to declare surplus be made solely by it, and City Council declare surplus a subsurface easement in the City-owned dockwall located at the foot of Eireann Quay, as set out in Attachment A to the report (July 11, 2011) from the City Manager and illustrated in Attachment B (the "Dockwall Easement"), with the intended manner of disposal to be by way of an exchange of easement rights with the Toronto Port Authority ("TPA").
2. In accordance with Chapter 213 of the City of Toronto Municipal Code, City Council determine that the requirements to give notice to the public of the proposed disposition and to obtain an appraisal of the fair market value with respect to the disposition of the Dockwall Easement do not apply.
3. The City enter into a Master Agreement with the TPA substantially on the terms and conditions described in the report (July 11, 2011) from the City Manager and set out in the Term Sheet attached as Attachment A to the report (July 11, 2011) from the City Manager and such further terms and conditions as may be acceptable to the City Manager and the City Solicitor.
4. The City grant the Dockwall Easement to the TPA for a term being the greater of 70 years or the life of the proposed tunnel, for the purpose of constructing and operating a pedestrian tunnel under the Western Gap connecting the TPA lands on the mainland with the Billy Bishop Toronto City Airport, in exchange for the conveyance to the City of easement rights over TPA lands adjacent to portions of City dockwalls as generally illustrated in Attachment C to the report (July 11, 2011) from the City Manager.
5. City Council authorize and direct the appropriate City officials to take the necessary actions to negotiate, complete and implement the Master Agreement substantially on the terms and conditions agreed to by the City and the TPA, as expeditiously as possible, including, but not limited to, entering into such further and other agreements as are necessary including but not limited to granting and receiving the easements, the lease, and completing any necessary agreements with third parties.
6. City Council direct the Chief Planner and Executive Director of City Planning to expedite an amendment the Zoning By-law for the property located east of 450 Lake Shore Boulevard West, as generally shown in Attachment F to the report (July 11, 2011) from the City Manager, to permit a taxi staging area.
7. City Council authorize the Chief Corporate Officer or their designate to enter into discussions with the TPA for a lease agreement with the TPA for the property located east of 450 Lake Shore Boulevard West as generally illustrated in Attachment F to the report (July 11, 2011) from the City Manager.
8. City Council revise its 2003 decision regarding a fixed link to the Toronto City Centre Airport (now called Billy Bishop Toronto City Airport) to permit the proposed pedestrian tunnel.
9. City Council authorize the City to receive the conveyance of a sliver of land adjacent to the road allowance near Ashbridges Bay.
Background Information (City Council)
https://www.toronto.ca/legdocs/mmis/2011/cc/bgrd/backgroundfile-39523.pdf
(July 6, 2011) Report from the City Manager on the Toronto Port Authority Pedestrian Tunnel and Related Issues - Notice of pending report (CC10.5)
https://www.toronto.ca/legdocs/mmis/2011/cc/bgrd/backgroundfile-39466.pdf
Motions (City Council)
That City Council adopt the following recommendations contained in the report (July 11, 2011) from the City Manager [CC10.5a]:
1. City Council determine that the decision to declare surplus be made solely by it, and City Council declare surplus a subsurface easement in the City-owned dockwall located at the foot of Eireann Quay, as set out in Attachment A to this report and illustrated in Attachment B (the "Dockwall Easement"), with the intended manner of disposal to be by way of an exchange of easement rights with the Toronto Port Authority ("TPA").
2. In accordance with Chapter 213 of the City of Toronto Municipal Code, Council determine that the requirements to give notice to the public of the proposed disposition and to obtain an appraisal of the fair market value with respect to the disposition of the Dockwall Easement do not apply.
3. The City enter into a Master Agreement with the TPA substantially on the terms and conditions described in this report and set out in the Term Sheet attached as Attachment A to the report dated July 11, 2011 and such further terms and conditions as may be acceptable to the City Manager and the City Solicitor.
4. The City grant the Dockwall Easement to the TPA for a term being the greater of 70 years or the life of the proposed tunnel, for the purpose of constructing and operating a pedestrian tunnel under the Western Gap connecting the TPA lands on the mainland with the Billy Bishop Toronto City Airport, in exchange for the conveyance to the City of easement rights over TPA lands adjacent to portions of City dockwalls as generally illustrated in Attachment C.
5. The appropriate City officials be authorized and directed to take the necessary actions to negotiate, complete and implement the Master Agreement substantially on the terms and conditions agreed to by the City and the TPA, as expeditiously as possible, including, but not limited to, entering into such further and other agreements as are necessary including but not limited to granting and receiving the easements, the lease, and completing any necessary agreements with third parties.
6. City Council direct the Chief Planner and Executive Director of City Planning to expedite an amendment the Zoning By-law for the property located east of 450 Lake Shore Boulevard West, as generally shown in Attachment F to the report dated July 11, 2011, to permit a taxi staging area.
7. City Council authorize the Chief Corporate Officer or their designate to enter into discussions with the TPA for a lease agreement with the TPA for the property located east of 450 Lake Shore Boulevard West as generally illustrated in Attachment F to the report dated July 11, 2011.
8. Council's 2003 decision regarding a fixed link to the Toronto City Centre Airport (now called BBTCA) be revised to permit the proposed pedestrian tunnel.
9. Council authorize the City to receive the conveyance of a sliver of land adjacent to the road allowance near Ashbridges Bay.
Vote (Amend Item (Additional)) Jul-14-2011 6:53 PM
| Result: Carried | Majority Required - CC10.5 - Minnan-Wong - motion 1 |
|---|---|
| Total members that voted Yes: 24 | Members that voted Yes are Paul Ainslie, Michelle Berardinetti, Gary Crawford, Vincent Crisanti, Glenn De Baeremaeker, Mike Del Grande, Frank Di Giorgio, Doug Ford, Rob Ford, Mark Grimes, Doug Holyday, Norman Kelly, Chin Lee, Gloria Lindsay Luby, Giorgio Mammoliti, Josh Matlow, Peter Milczyn, Denzil Minnan-Wong, Frances Nunziata (Chair), Cesar Palacio, John Parker, Jaye Robinson, David Shiner, Karen Stintz |
| Total members that voted No: 13 | Members that voted No are Shelley Carroll, Janet Davis, Sarah Doucette, Paula Fletcher, Mary Fragedakis, Mike Layton, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Gord Perks, Anthony Perruzza, Adam Vaughan, Kristyn Wong-Tam |
| Total members that were Absent: 8 | Members that were absent are Maria Augimeri, Ana Bailão, Raymond Cho, Josh Colle, John Filion, Ron Moeser, James Pasternak, Michael Thompson |
That City Council refer this Item to the Government Management Committee, and the silo lease be put out for competitive bids.
Vote (Refer Item) Jul-14-2011 6:53 PM
| Result: Lost | Majority Required - CC10.5 - Vaughan - motion 2 - refer the item |
|---|---|
| Total members that voted Yes: 12 | Members that voted Yes are Janet Davis, Sarah Doucette, Paula Fletcher, Mary Fragedakis, Mike Layton, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Gord Perks, Anthony Perruzza, Adam Vaughan, Kristyn Wong-Tam |
| Total members that voted No: 25 | Members that voted No are Paul Ainslie, Michelle Berardinetti, Shelley Carroll, Gary Crawford, Vincent Crisanti, Glenn De Baeremaeker, Mike Del Grande, Frank Di Giorgio, Doug Ford, Rob Ford, Mark Grimes, Doug Holyday, Norman Kelly, Chin Lee, Gloria Lindsay Luby, Giorgio Mammoliti, Josh Matlow, Peter Milczyn, Denzil Minnan-Wong, Frances Nunziata (Chair), Cesar Palacio, John Parker, Jaye Robinson, David Shiner, Karen Stintz |
| Total members that were Absent: 8 | Members that were absent are Maria Augimeri, Ana Bailão, Raymond Cho, Josh Colle, John Filion, Ron Moeser, James Pasternak, Michael Thompson |
Vote (Adopt Item as Amended) Jul-14-2011 6:54 PM
| Result: Carried | Majority Required - CC10.5 - Adopt the item as amended |
|---|---|
| Total members that voted Yes: 26 | Members that voted Yes are Paul Ainslie, Michelle Berardinetti, Gary Crawford, Vincent Crisanti, Glenn De Baeremaeker, Mike Del Grande, Frank Di Giorgio, Doug Ford, Rob Ford, Mark Grimes, Doug Holyday, Norman Kelly, Chin Lee, Gloria Lindsay Luby, Giorgio Mammoliti, Josh Matlow, Peter Milczyn, Denzil Minnan-Wong, Frances Nunziata (Chair), Cesar Palacio, John Parker, Anthony Perruzza, Jaye Robinson, David Shiner, Karen Stintz, Adam Vaughan |
| Total members that voted No: 11 | Members that voted No are Shelley Carroll, Janet Davis, Sarah Doucette, Paula Fletcher, Mary Fragedakis, Mike Layton, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Gord Perks, Kristyn Wong-Tam |
| Total members that were Absent: 8 | Members that were absent are Maria Augimeri, Ana Bailão, Raymond Cho, Josh Colle, John Filion, Ron Moeser, James Pasternak, Michael Thompson |
That in accordance with Section 27-85 of Chapter 27, Council Procedures of the City of Toronto Municipal Code, Council reconsider the vote to adopt Item CC10.5, as amended.
Vote (Reconsider Vote) Jul-14-2011 6:55 PM
| Result: Carried | Two-Thirds Required - CC10.5 - Reconsider to permit a revote |
|---|---|
| Total members that voted Yes: 30 | Members that voted Yes are Paul Ainslie, Michelle Berardinetti, Shelley Carroll, Gary Crawford, Janet Davis, Glenn De Baeremaeker, Frank Di Giorgio, Sarah Doucette, Paula Fletcher, Doug Ford, Mary Fragedakis, Mark Grimes, Doug Holyday, Norman Kelly, Mike Layton, Chin Lee, Gloria Lindsay Luby, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Peter Milczyn, Denzil Minnan-Wong, John Parker, Anthony Perruzza, Jaye Robinson, David Shiner, Karen Stintz, Adam Vaughan, Kristyn Wong-Tam |
| Total members that voted No: 7 | Members that voted No are Vincent Crisanti, Mike Del Grande, Rob Ford, Giorgio Mammoliti, Frances Nunziata (Chair), Cesar Palacio, Gord Perks |
| Total members that were Absent: 8 | Members that were absent are Maria Augimeri, Ana Bailão, Raymond Cho, Josh Colle, John Filion, Ron Moeser, James Pasternak, Michael Thompson |
Vote (Adopt Item as Amended) Jul-14-2011 6:56 PM
| Result: Carried | Majority Required - CC10.5 - REVOTE - Adopt the item as amended |
|---|---|
| Total members that voted Yes: 24 | Members that voted Yes are Paul Ainslie, Michelle Berardinetti, Gary Crawford, Vincent Crisanti, Glenn De Baeremaeker, Mike Del Grande, Frank Di Giorgio, Doug Ford, Rob Ford, Mark Grimes, Doug Holyday, Norman Kelly, Chin Lee, Gloria Lindsay Luby, Giorgio Mammoliti, Josh Matlow, Peter Milczyn, Denzil Minnan-Wong, Frances Nunziata (Chair), Cesar Palacio, John Parker, Jaye Robinson, David Shiner, Karen Stintz |
| Total members that voted No: 13 | Members that voted No are Shelley Carroll, Janet Davis, Sarah Doucette, Paula Fletcher, Mary Fragedakis, Mike Layton, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Gord Perks, Anthony Perruzza, Adam Vaughan, Kristyn Wong-Tam |
| Total members that were Absent: 8 | Members that were absent are Maria Augimeri, Ana Bailão, Raymond Cho, Josh Colle, John Filion, Ron Moeser, James Pasternak, Michael Thompson |
Speaker Nunziata proposed that Councillor Vaughan's speaking time be extended so that he could complete his remarks.
Vote (Extend Speaking Time) Jul-14-2011 6:49 PM
| Result: Carried | Majority Required - CC10.5 - Extend Councillor Vaughan's speaking time |
|---|---|
| Total members that voted Yes: 29 | Members that voted Yes are Michelle Berardinetti, Shelley Carroll, Gary Crawford, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Mike Del Grande, Frank Di Giorgio, Sarah Doucette, Paula Fletcher, Doug Ford, Rob Ford, Mary Fragedakis, Doug Holyday, Norman Kelly, Mike Layton, Chin Lee, Gloria Lindsay Luby, Pam McConnell, Mary-Margaret McMahon, Peter Milczyn, Frances Nunziata (Chair), Cesar Palacio, John Parker, Gord Perks, Anthony Perruzza, Karen Stintz, Adam Vaughan, Kristyn Wong-Tam |
| Total members that voted No: 1 | Members that voted No are Denzil Minnan-Wong |
| Total members that were Absent: 15 | Members that were absent are Paul Ainslie, Maria Augimeri, Ana Bailão, Raymond Cho, Josh Colle, John Filion, Mark Grimes, Giorgio Mammoliti, Josh Matlow, Joe Mihevc, Ron Moeser, James Pasternak, Jaye Robinson, David Shiner, Michael Thompson |