Item - 2014.EX39.4

Tracking Status

  • City Council adopted this item on April 1, 2014 with amendments.
  • This item was considered by Executive Committee on March 19, 2014 and was adopted with amendments. It will be considered by City Council on April 1, 2014.

EX39.4 - Renovation and Expansion of BMO Field

Decision Type:
ACTION
Status:
Amended
Ward:
19 - Trinity-Spadina

City Council Decision

City Council on April 1, 2 and 3, 2014, adopted the following:

 

1.         City Council authorize staff to execute the Letter of Intent set out in Attachment 2 to the report (March 5, 2014) from the City Manager and the Deputy City Manager and Chief Financial Officer, as amended by Part 2 below, and negotiate a project agreement, Toronto Argonaut facility use agreement and amendments to the BMO Field Project Agreement, Management Agreement and Facility User Agreements substantially on the terms and conditions set out in the Letter of Intent and such other terms and conditions as may be satisfactory to the Deputy City Manager and Chief Financial Officer, the General Manager, Economic Development and Culture and the Chief Executive Officer, Exhibition Place, and in a form satisfactory to the City Solicitor.

 

2.         City Council amend the Letter of Intent from Maple Leaf Sports and Entertainment Ltd. set out in Attachment 2 to the report (March 5, 2014) from the City Manager and the Deputy City Manager and Chief Financial Officer, to secure a financial contribution from Maple Leaf Sports and Entertainment Ltd. for transportation initiatives and planning studies to improve access to and egress from Exhibition Place and enhance utilization of public transit, by adding a clause substantially in the form set out in Attachment 1 to the report (March 31, 2014) from the City Manager.

 

3.         City Council authorize staff to negotiate an agreement(s) with the Federal and Provincial governments for their contributions to the capital funding for this project on terms and conditions satisfactory to the Deputy City Manager and Chief Financial Officer, the General Manager, Economic Development and Culture and the Chief Executive Officer, Exhibition Place, and in a form satisfactory to the City Solicitor.

 

4.         City Council transfer the balance of the funds in the Soccer Stadium Capital Maintenance Reserve Fund (XR3601) to Exhibition Place on December 31, 2014 so that these funds can be used to offset reduced parking income during the stadium expansion construction and also to fund the cost of additional wayfinding signage for the parking lots.

 

5.         City Council direct that the $10 million City contribution towards the proposed expansion of the stadium be debt-financed with full recovery from the guaranteed annual payment provided by Maple Leaf Sports and Entertainment Ltd.

Background Information (Committee)

(March 5, 2014) Report from the City Manager and the Deputy City Manager and Chief Financial Officer on Renovation and Expansion of BMO Field
https://www.toronto.ca/legdocs/mmis/2014/ex/bgrd/backgroundfile-67466.pdf
Attachment 1 - Drawings of Proposed Stadium Expansion
https://www.toronto.ca/legdocs/mmis/2014/ex/bgrd/backgroundfile-67467.pdf
(March 10, 2014) Attachment 2 - Draft Letter of Intent from Maple Leaf Sports and Entertainment Ltd.
https://www.toronto.ca/legdocs/mmis/2014/ex/bgrd/backgroundfile-67468.pdf

Background Information (City Council)

(March 31, 2014) Supplementary report from the City Manager on Measures for Mitigating Traffic Congestion at BMO Field (EX39.4b)
https://www.toronto.ca/legdocs/mmis/2014/cc/bgrd/backgroundfile-68125.pdf

Communications (Committee)

(March 14, 2014) Letter from Councillor Layton, Councillor Perks, and Councillor Vaughan (EX.Supp.EX39.4.1)
https://www.toronto.ca/legdocs/mmis/2014/ex/comm/communicationfile-45893.pdf

Motions (City Council)

1 - Motion to Amend Item moved by Councillor Mark Grimes (Amended)

That City Council adopt the following recommendation contained in the supplementary report (March 31, 2014) from the City Manager [EX39.4b]:

 

1.         The draft Letter of Intent from Maple Leaf Sports and Entertainment Ltd. attached to the report (March 5, 2014) from the City Manager and Deputy City Manager and Chief Financial Officer be amended to secure a financial contribution from Maple Leaf Sports and Entertainment Ltd. for transportation initiatives and planning studies to improve access to Exhibition Place and enhance utilization of public transit, by adding a clause substantially in the form set out in Attachment 1 to this report.

 

Amended by motion 2 by Councillor Lindsay Luby

Vote (Amend Item) Apr-03-2014 11:06 AM

Result: Carried Majority Required - EX39.4 - Grimes - motion 1, as amended by motion 2 by Councillor Lindsay Luby
Total members that voted Yes: 39 Members that voted Yes are Paul Ainslie, Maria Augimeri, Ana Bail„o, Michelle Berardinetti, Shelley Carroll, Raymond Cho, Josh Colle, Gary Crawford, Vincent Crisanti, Janet Davis, Frank Di Giorgio, Sarah Doucette, John Filion, Paula Fletcher, Mary Fragedakis, Mark Grimes, Norman Kelly, Mike Layton, Chin Lee, Peter Leon, Gloria Lindsay Luby, Giorgio Mammoliti, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Peter Milczyn, Denzil Minnan-Wong, Frances Nunziata (Chair), Cesar Palacio, James Pasternak, Gord Perks, Anthony Perruzza, Jaye Robinson, David Shiner, Karen Stintz, Michael Thompson, Adam Vaughan, Kristyn Wong-Tam
Total members that voted No: 3 Members that voted No are Mike Del Grande, Doug Ford, Rob Ford
Total members that were Absent: 3 Members that were absent are Glenn De Baeremaeker, Ron Moeser, John Parker

2 - Motion to Amend Motion moved by Councillor Gloria Lindsay Luby (Carried)

That motion 1 by Councillor Grimes be amended by adding the words "and egress from" following the words "improve access to" so that the motion now reads:

 

1.         The draft Letter of Intent from Maple Leaf Sports and Entertainment Ltd. attached to the report (March 5, 2014) from the City Manager and Deputy City Manager and Chief Financial Officer be amended to secure a financial contribution from Maple Leaf Sports and Entertainment Ltd. for transportation initiatives and planning studies to improve access to and egress from Exhibition Place and enhance utilization of public transit, by adding a clause substantially in the form set out in Attachment 1 to this report.

Vote (Amend Motion) Apr-03-2014 11:03 AM

Result: Carried Majority Required - EX39.4 - Lindsay Luby - motion 2
Total members that voted Yes: 37 Members that voted Yes are Paul Ainslie, Maria Augimeri, Ana Bail„o, Michelle Berardinetti, Shelley Carroll, Raymond Cho, Josh Colle, Gary Crawford, Vincent Crisanti, Janet Davis, Mike Del Grande, Sarah Doucette, John Filion, Paula Fletcher, Mary Fragedakis, Mark Grimes, Norman Kelly, Mike Layton, Chin Lee, Peter Leon, Gloria Lindsay Luby, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Peter Milczyn, Denzil Minnan-Wong, Frances Nunziata (Chair), Cesar Palacio, James Pasternak, Gord Perks, Jaye Robinson, David Shiner, Karen Stintz, Michael Thompson, Adam Vaughan, Kristyn Wong-Tam
Total members that voted No: 5 Members that voted No are Frank Di Giorgio, Doug Ford, Rob Ford, Giorgio Mammoliti, Anthony Perruzza
Total members that were Absent: 3 Members that were absent are Glenn De Baeremaeker, Ron Moeser, John Parker

Vote (Amend Motion) Apr-03-2014 11:05 AM

Result: Carried Majority Required - EX39.4 - Lindsay Luby - motion 2 REVOTE
Total members that voted Yes: 38 Members that voted Yes are Paul Ainslie, Maria Augimeri, Ana Bail„o, Michelle Berardinetti, Shelley Carroll, Raymond Cho, Josh Colle, Gary Crawford, Vincent Crisanti, Janet Davis, Mike Del Grande, Sarah Doucette, John Filion, Paula Fletcher, Mary Fragedakis, Mark Grimes, Norman Kelly, Mike Layton, Chin Lee, Peter Leon, Gloria Lindsay Luby, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Peter Milczyn, Denzil Minnan-Wong, Frances Nunziata (Chair), Cesar Palacio, James Pasternak, Gord Perks, Anthony Perruzza, Jaye Robinson, David Shiner, Karen Stintz, Michael Thompson, Adam Vaughan, Kristyn Wong-Tam
Total members that voted No: 4 Members that voted No are Frank Di Giorgio, Doug Ford, Rob Ford, Giorgio Mammoliti
Total members that were Absent: 3 Members that were absent are Glenn De Baeremaeker, Ron Moeser, John Parker

Motion to Reconsider Vote moved by Councillor Shelley Carroll (Carried)

That in accordance with Chapter 27, Council Procedures, City Council reconsider the vote on motion 2 by Councillor Lindsay Luby.

Vote (Reconsider Vote) Apr-03-2014 11:04 AM

Result: Carried Two-Thirds Required - EX39.4 - Reconsider the vote on motion 2 by Councillor Lindsay Luby
Total members that voted Yes: 41 Members that voted Yes are Paul Ainslie, Maria Augimeri, Ana Bail„o, Michelle Berardinetti, Shelley Carroll, Raymond Cho, Gary Crawford, Vincent Crisanti, Janet Davis, Mike Del Grande, Frank Di Giorgio, Sarah Doucette, John Filion, Paula Fletcher, Doug Ford, Rob Ford, Mary Fragedakis, Mark Grimes, Norman Kelly, Mike Layton, Chin Lee, Peter Leon, Gloria Lindsay Luby, Giorgio Mammoliti, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Peter Milczyn, Denzil Minnan-Wong, Frances Nunziata (Chair), Cesar Palacio, James Pasternak, Gord Perks, Anthony Perruzza, Jaye Robinson, David Shiner, Karen Stintz, Michael Thompson, Adam Vaughan, Kristyn Wong-Tam
Total members that voted No: 1 Members that voted No are Josh Colle
Total members that were Absent: 3 Members that were absent are Glenn De Baeremaeker, Ron Moeser, John Parker

Motion to Adopt Item as Amended (Carried)

Vote (Adopt Item as Amended) Apr-03-2014 11:07 AM

Result: Carried Majority Required - EX39.4 - Adopt the item as amended
Total members that voted Yes: 39 Members that voted Yes are Paul Ainslie, Maria Augimeri, Ana Bail„o, Michelle Berardinetti, Shelley Carroll, Raymond Cho, Josh Colle, Gary Crawford, Vincent Crisanti, Janet Davis, Frank Di Giorgio, Sarah Doucette, John Filion, Paula Fletcher, Mary Fragedakis, Mark Grimes, Norman Kelly, Mike Layton, Chin Lee, Peter Leon, Gloria Lindsay Luby, Giorgio Mammoliti, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Peter Milczyn, Denzil Minnan-Wong, Frances Nunziata (Chair), Cesar Palacio, James Pasternak, Gord Perks, Anthony Perruzza, Jaye Robinson, David Shiner, Karen Stintz, Michael Thompson, Adam Vaughan, Kristyn Wong-Tam
Total members that voted No: 3 Members that voted No are Mike Del Grande, Doug Ford, Rob Ford
Total members that were Absent: 3 Members that were absent are Glenn De Baeremaeker, Ron Moeser, John Parker

Motion to End Debate moved by Councillor Michael Thompson (Carried)

That in accordance with the provisions of Chapter 27, Council Procedures, City Council end the debate on Item EX39.4 and take the vote immediately.

Vote (End Debate) Apr-03-2014 11:01 AM

Result: Carried Two-Thirds Required - EX39.4 - Thompson - End debate
Total members that voted Yes: 32 Members that voted Yes are Paul Ainslie, Ana Bail„o, Michelle Berardinetti, Shelley Carroll, Raymond Cho, Josh Colle, Gary Crawford, Vincent Crisanti, Mike Del Grande, Sarah Doucette, Paula Fletcher, Mary Fragedakis, Mark Grimes, Norman Kelly, Mike Layton, Chin Lee, Peter Leon, Gloria Lindsay Luby, Giorgio Mammoliti, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Peter Milczyn, Frances Nunziata (Chair), Cesar Palacio, John Parker, James Pasternak, Gord Perks, Jaye Robinson, Karen Stintz, Michael Thompson, Adam Vaughan
Total members that voted No: 6 Members that voted No are Frank Di Giorgio, Doug Ford, Rob Ford, Josh Matlow, Anthony Perruzza, Kristyn Wong-Tam
Total members that were Absent: 7 Members that were absent are Maria Augimeri, Janet Davis, Glenn De Baeremaeker, John Filion, Denzil Minnan-Wong, Ron Moeser, David Shiner

4a - Improvements to BMO Field at Exhibition Place

Background Information (Committee)
(March 10, 2014) Letter from the Corporate Secretary, Exhibition Place on Improvements to BMO Field at Exhibition Place
https://www.toronto.ca/legdocs/mmis/2014/ex/bgrd/backgroundfile-67469.pdf

EX39.4 - Renovation and Expansion of BMO Field

Decision Type:
ACTION
Status:
Amended
Ward:
19 - Trinity-Spadina

Committee Recommendations

The Executive Committee recommends that:

 

1.         City Council authorize staff to execute the Letter of Intent (LOI) set out in Attachment 2 to the report (March 5, 2014) from the City Manager and the Deputy City Manager and Chief Financial Officer, and negotiate a project agreement, Toronto Argonaut facility use agreement and amendments to the BMO Field Project Agreement, Management Agreement and Facility User Agreements substantially on the terms and conditions set out in the LOI and such other terms and conditions as may be satisfactory to the Deputy City Manager and Chief Financial Officer, the General Manager, Economic Development and Culture and the Chief Executive Officer of Exhibition Place, and in a form satisfactory to the City Solicitor.

 

2.         City Council authorize staff to negotiate an agreement(s) with the Federal and Provincial governments for their contributions to the capital funding for this project on terms and conditions satisfactory to the Deputy City Manager and Chief Financial Officer, the General Manager, Economic Development and Culture and the Chief Executive Officer of Exhibition Place, and in a form satisfactory to the City Solicitor.

 

3.         City Council transfer the balance of the funds in the Soccer Stadium Capital Maintenance Reserve Fund (XR3601) to Exhibition Place on December 31, 2014 so that these funds can be used to offset reduced parking income during the stadium expansion construction and also to fund the cost of additional wayfinding signage for the parking lots.

 

4.         City Council direct that the $10 million City contribution towards the proposed expansion of the stadium be debt-financed with full recovery from the guaranteed annual payment provided by Maple Leaf Sports and Entertainment Ltd.

Decision Advice and Other Information

The Executive Committee:

 

1.         Requested the City Manager to secure a financial contribution from Maple Leaf Sports Entertainment Ltd. for transportation planning studies to improve access to Exhibition Place, and that the City Manager report directly to the April 1, 2014 City Council meeting on results of these negotiations.

 

2.         Requested the City Manager, in consultation with the TTC, Economic Development Culture, and Metrolinx, to develop options to improve and encourage the use of public transit to BMO Field and report directly to the April 1, 2014 City Council meeting on options to be included in the Letter of Intent and mechanisms for securing these options.

Origin

(March 5, 2014) Report from the City Manager and the Deputy City Manager and Chief Financial Officer

Summary

The purpose of this report is to seek approval for a City capital investment of $10 million towards the cost of making the following changes to BMO Field at Exhibition Place:

 

-           increasing the permanent seating capacity to 30,000 (existing permanent capacity is 21,566) and allowing for an additional 10,000 in temporary seating capacity for special events;

 

-           adding a partial roof that will cover the majority of the seats;

 

-           reconfiguring the field so that the stadium can host Canadian Football League ("CFL") games; and

 

-           improving amenities within the stadium.

 

The Federal and Provincial governments have expressed interest in matching the City's investment in order to provide a total public sector contribution of $30 million. Maple Leaf Sports and Entertainment Ltd. ("MLSEL") will provide the balance ($90 million) of the total estimated $120 million funding required for the project.

 

MLSEL has agreed to modify the financial terms that govern income-sharing for the stadium in order to provide additional revenues to the City/Board and to reduce the potential variability in these revenues. As a result of these changes, City Finance staff forecast that, even under adverse market conditions, the proposed $10 million investment will be fully recovered from incremental revenues generated during the term of the extended agreement with MLSEL.

Background Information

(March 5, 2014) Report from the City Manager and the Deputy City Manager and Chief Financial Officer on Renovation and Expansion of BMO Field
https://www.toronto.ca/legdocs/mmis/2014/ex/bgrd/backgroundfile-67466.pdf
Attachment 1 - Drawings of Proposed Stadium Expansion
https://www.toronto.ca/legdocs/mmis/2014/ex/bgrd/backgroundfile-67467.pdf
(March 10, 2014) Attachment 2 - Draft Letter of Intent from Maple Leaf Sports and Entertainment Ltd.
https://www.toronto.ca/legdocs/mmis/2014/ex/bgrd/backgroundfile-67468.pdf

Communications

(March 14, 2014) Letter from Councillor Layton, Councillor Perks, and Councillor Vaughan (EX.Supp.EX39.4.1)
https://www.toronto.ca/legdocs/mmis/2014/ex/comm/communicationfile-45893.pdf

Speakers

Miroslav Glavic
Miguel Avila

Motions

1 - Motion to Amend Item (Additional) moved by Councillor Peter Milczyn (Carried)

That the City Manager secure a financial contribution from Maple Leaf Sports Entertainment Ltd. for transportation planning studies to improve access to Exhibition Place and that the City Manager report directly to the April 1, 2014 City Council meeting on results of these negotiations.

Vote (Amend Item (Additional)) Mar-19-2014

Result: Carried Majority Required - Milczyn - Motion 1
Total members that voted Yes: 12 Members that voted Yes are Gary Crawford, Vincent Crisanti, Frank Di Giorgio, Rob Ford, Norman Kelly (Chair), Peter Leon, Peter Milczyn, Denzil Minnan-Wong, Cesar Palacio, Anthony Perruzza, David Shiner, Michael Thompson
Total members that voted No: 0 Members that voted No are
Total members that were Absent: 1 Members that were absent are Giorgio Mammoliti

2 - Motion to Amend Item (Additional) moved by Councillor Peter Milczyn (Carried)

That the City Manager, in consultation with the TTC, Economic Development Culture, and Metrolinx, develop options to improve and encourage the use of public transit to BMO Field and report directly to the April 1, 2014 City Council meeting on options to be included in the Letter of Intent and mechanisms for securing these options.

Vote (Amend Item (Additional)) Mar-19-2014

Result: Carried Majority Required - Milczyn - Motion 2
Total members that voted Yes: 12 Members that voted Yes are Gary Crawford, Vincent Crisanti, Frank Di Giorgio, Rob Ford, Norman Kelly (Chair), Peter Leon, Peter Milczyn, Denzil Minnan-Wong, Cesar Palacio, Anthony Perruzza, David Shiner, Michael Thompson
Total members that voted No: 0 Members that voted No are
Total members that were Absent: 1 Members that were absent are Giorgio Mammoliti

3 - Motion to Adopt Item as Amended moved by Councillor David Shiner (Carried)

Vote (Adopt Item as Amended) Mar-19-2014

Result: Carried Majority Required - Shiner - Adopt item as amended
Total members that voted Yes: 11 Members that voted Yes are Gary Crawford, Vincent Crisanti, Frank Di Giorgio, Norman Kelly (Chair), Peter Leon, Peter Milczyn, Denzil Minnan-Wong, Cesar Palacio, Anthony Perruzza, David Shiner, Michael Thompson
Total members that voted No: 1 Members that voted No are Rob Ford
Total members that were Absent: 1 Members that were absent are Giorgio Mammoliti

4a - Improvements to BMO Field at Exhibition Place

Origin
(March 10, 2014) Letter from Corporate Secretary, Exhibition Place
Summary

This letter is to advise that the Board of Governors of Exhibition Place at its meeting of Friday, March 7, 2014 considered a report from the Chief Executive Officer of Exhibition Place entitled “Improvements to BMO Field at Exhibition Place”, wherein the following motion with respect to the Proposed Improvements to BMO Field at Exhibition Place, was adopted.

 

On motion duly made by Mark Grimes, seconded by Connie Dejak, and unanimously CARRIED, it was RESOLVED that the Board of Governors:

 

1.         Direct that the confidential information contained in Report No. 1 dated March 6, 2014 from the Chief Executive Officer of Exhibition Place and the Confidential Attachment 1 to subject, report not be released publicly until such time that the City Manager has released his report to the Executive Committee.

 

2.         Approve of the Board, subject to approval of City Council, entering into the Letter of Intent (LOI) between the Board, the City and MLSE substantially in the form attached as Appendix “A” and the contemplated agreements including amendments to the Management Agreement (between MLSE, the City and the Board with respect to BMO Field), the Team Licence Agreement (between MLSE, MLS and the Board with respect to BMO Field), the Naming Rights Licence Agreement (between the Board, the City and MLSE) and including such other terms and conditions as required by the Deputy City Manager and Chief Financial Officer, the CEO of Exhibition Place and the City Solicitor.

 

3.         Request that the City transfer the balance of the funds in the Soccer Stadium Capital Maintenance Reserve Fund (XR3601) to Exhibition Place on December 31, 2014 so that these funds can be used to offset reduced parking income during the stadium improvements construction and also to fund the cost of new wayfinding signage for the grounds.

 

4.         FURTHER that the motion moved by Michael Layton during the closed session with respect to a direction to Exhibition Place staff for confidential instructions and a request to City of Toronto staff, be APPROVED.

 

Should you have any questions, please do not hesitate to contact me.

Background Information
(March 10, 2014) Letter from the Corporate Secretary, Exhibition Place on Improvements to BMO Field at Exhibition Place
https://www.toronto.ca/legdocs/mmis/2014/ex/bgrd/backgroundfile-67469.pdf
Source: Toronto City Clerk at www.toronto.ca/council