Item - 2014.MM55.91

Tracking Status

MM55.91 - Expropriation of 49 Sheppard Avenue East, 4, 6, 8, 12, 14, 16, 18, 20, 22 and 24 Bonnington Place for the North York Centre Service Road - by Councillor Mihevc, seconded by Councillor Shiner

Decision Type:
ACTION
Status:
Adopted
Ward:
23 - Willowdale

City Council Decision

City Council on August 25, 26, 27 and 28, 2014, adopted the following:

 

1.        City Council increase the approved 2014 Capital Budget for Transportation Services (CTP-800-8) by the amount indicated in Confidential Attachment 1 to the report (August 22, 2014) from the Chief Corporate Officer and the General Manager, Transportation Services by transferring the amounts from the Section 37 Community Benefits Source Accounts identified in Confidential Attachment 1 for the acquisition or expropriation of lands identified in Appendix A (each such property a "Property" and collectively the "Properties").

 

2.        City Council authorize the City to enter into agreements, an offer to sell or a Section 30 Agreement under the Expropriations Act, with the owner of each of the Properties (and any such other related and required agreements) to acquire each Property from such owner for consideration within the ranges identified for each Property in Confidential Attachment 1 to the report (August 22, 2014) from the Chief Corporate Officer and the General Manager, Transportation Services, on terms and conditions acceptable to the Chief Corporate Officer, together with such other terms as may be deemed appropriate by the Chief Corporate Officer and in a form satisfactory to the City Solicitor.

 

3.        City Council authorize the Chief Corporate Officer and the Director, Real Estate Services, jointly and severally, to execute such agreements referred to in Part 2 above.

 

4.        In the event that the City is unable to reach an agreement with an owner of a Property for the acquisition of such Property by the City as provided for in Part 2 above, City Council:

 

a.         as approving authority under the Expropriations Act, approve the expropriation of such Properties;

 

b.         as the expropriating authority under the Expropriation Act, authorize City staff to take all steps necessary to comply with the Expropriations Act, including but not limited to, the preparation and registration of an Expropriation Plan and service of the Notices of Expropriation, Notices of Election as to a Date for Compensation and/or Notices of Possession for such Properties, as may be appropriate;

 

c.         authorize City staff to obtain an appraisal report to value the Properties, updated to the date of expropriation or, if the owner so elects in accordance with the Expropriation Act, to the date of service of the Notices of Expropriation; and to prepare and serve offers of compensation on all registered owners, at the appraised value, all in accordance with the requirements in the Expropriation Act; and

 

d.         authorize the Director, Real Estate Services to sign the Notices of Expropriation, Notices of Possession and the Offer of Compensation on behalf of the City for such Properties.

 

5.         City Council authorize the public release of the confidential information contained in Confidential Attachment 1 to the report (August 22, 2014) from the Chief Corporate Officer and the General Manager, Transportation Services once there has been a final determination of all property transactions and claims for compensation related to the Project to the satisfaction of the City Solicitor.

 

6.         City Council authorize the introduction of the necessary Bills in Council to give effect to Council's decision.

 

7.         City Council authorize the appropriate City Officials to take the necessary action to give effect to Council's decision.

 

Confidential Attachment 1 to the report (August 22, 2014) from the Chief Corporate Officer and the General Manager, Transportation Services remains confidential in its entirety at this time in accordance with the provisions of the City of Toronto Act, 2006, as it relates to the proposed or pending acquisition or sale of land for municipal or local board purposes.  Confidential Attachment 1 to the report (August 22, 2014) from the Chief Corporate Officer and the General Manager, Transportation Services will be made public once there has been a final determination of all property transactions and claims for compensation related to the Project to the satisfaction of the City Solicitor.

Confidential Attachment - A proposed or pending acquisition or sale of land for municipal or local board purposes

Background Information (City Council)

(August 22, 2014) Report from the Chief Corporate Officer and the General Manager, Transportation Services on Expropriation of 49 Sheppard avenue East, 4-24 Bonnington Place
https://www.toronto.ca/legdocs/mmis/2014/mm/bgrd/backgroundfile-73088.pdf
Confidential Attachment 1

Motions (City Council)

Motion to Introduce Motion without Notice moved by Councillor Joe Mihevc (Carried)

That Councillor Joe Mihevc be permitted to add to the agenda of today's meeting an urgent Motion without notice concerning:

 

Expropriation of 49 Sheppard Avenue, 4, 6, 8, 12, 14, 16, 18, 20, 22 and 24 Bonnington Place for the North York Centre Service Road

 

Reason for Urgency:

 

This motion is urgent as there are no further regular City Council meetings in 2014 and owners of some of the properties have submitted an application for development of their properties and intend to move forward with such development unless resolution can be reached for the acquisition of their properties by the City.

Vote (Introduce Motion without Notice) Aug-25-2014 6:01 PM

Result: Carried Two-Thirds full Council Required - Mihevc - Add Urgent Motion
Total members that voted Yes: 34 Members that voted Yes are Paul Ainslie, Maria Augimeri, Ana Bail„o, Michelle Berardinetti, Shelley Carroll, Raymond Cho, Josh Colle, Gary Crawford, Janet Davis, Glenn De Baeremaeker, Frank Di Giorgio, Sarah Doucette, Paula Fletcher, Mary Fragedakis, Mark Grimes, Norman Kelly, Mike Layton, Chin Lee, Peter Leon, Gloria Lindsay Luby, James Maloney, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Denzil Minnan-Wong, Ron Moeser, Frances Nunziata (Chair), Cesar Palacio, Gord Perks, Ceta Ramkhalawansingh, David Shiner, Michael Thompson, Kristyn Wong-Tam
Total members that voted No: 0 Members that voted No are
Total members that were Absent: 11 Members that were absent are Vincent Crisanti, Mike Del Grande, John Filion, Doug Ford, Rob Ford, Giorgio Mammoliti, John Parker, James Pasternak, Anthony Perruzza, Jaye Robinson, Karen Stintz

Motion to Adopt Item (Carried)

Vote (Adopt Item) Aug-26-2014 6:06 PM

Result: Carried Majority Required - MM55.91 - Adopt the item
Total members that voted Yes: 37 Members that voted Yes are Paul Ainslie, Maria Augimeri, Ana Bail„o, Shelley Carroll, Raymond Cho, Josh Colle, Gary Crawford, Janet Davis, Glenn De Baeremaeker, Frank Di Giorgio, Sarah Doucette, Paula Fletcher, Mary Fragedakis, Mark Grimes, Norman Kelly, Mike Layton, Chin Lee, Peter Leon, Gloria Lindsay Luby, James Maloney, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Denzil Minnan-Wong, Ron Moeser, Frances Nunziata (Chair), Cesar Palacio, John Parker, James Pasternak, Gord Perks, Anthony Perruzza, Ceta Ramkhalawansingh, Jaye Robinson, David Shiner, Karen Stintz, Kristyn Wong-Tam
Total members that voted No: 2 Members that voted No are Doug Ford, Rob Ford
Total members that were Absent: 6 Members that were absent are Michelle Berardinetti, Vincent Crisanti, Mike Del Grande, John Filion, Giorgio Mammoliti, Michael Thompson

Declared Interests (City Council)

The following member(s) declared an interest:

Councillor John Filion - as the owner of the property is involved in a lawsuit against him
Source: Toronto City Clerk at www.toronto.ca/council