Item - 2015.EX10.7

Tracking Status

  • City Council adopted this item on December 9, 2015 with amendments.
  • This item was considered by the Executive Committee on December 1, 2015 and adopted without amendment. It will be considered by City Council on December 9, 2015.
  • See also By-law 1292-2015

EX10.7 - Private Donation to Animate the F.G. Gardiner Expressway from Approximately Strachan Avenue to Spadina Avenue

Decision Type:
ACTION
Status:
Amended
Wards:
19 - Trinity-Spadina, 20 - Trinity-Spadina

City Council Decision

City Council on December 9 and 10, 2015, adopted the following:

 

1.  City Council authorize the City to accept a donation of up to $25 million from the Judy and Wilmot Matthews Foundation (the "Donor") for the purpose of improving the public realm beneath the elevated Gardiner Expressway between approximately Strachan Avenue and Spadina Avenue.

 

2.  City Council authorize the Deputy City Manager, Cluster A, and Deputy City Manager, Cluster B, to negotiate and enter into a Memorandum of Understanding with the City of Toronto, Waterfront Toronto and the Donor, substantially based on the terms and conditions described in the report (November 19, 2015) from the Deputy City Manager, Cluster A, and the Deputy City Manager, Cluster B, set out in the Term Sheet attached as Appendix 1 to the report (November 19, 2015) from the Deputy City Manager, Cluster A, and the Deputy City Manager, Cluster B, and such further terms and conditions as may be acceptable to the Deputy City Managers, Clusters A and B and the City Solicitor, as well as any related agreements, notices or undertakings.

 

3.  City Council authorize the Deputy City Manager, Cluster A, and the Deputy City Manager, Cluster B, to negotiate and enter into a Delivery Agreement with Waterfront Toronto, substantially based on the terms and conditions described in the report (November 19, 2015) from the Deputy City Manager, Cluster A, and the Deputy City Manager, Cluster B, set out in the Term Sheet attached as Appendix 1 to the report (November 19, 2015) from the Deputy City Manager, Cluster A, and the Deputy City Manager, Cluster B, and such further terms and conditions as may be acceptable to the Deputy City Managers, Clusters A and B and the City Solicitor, as well as any related agreements, notices or undertakings.

 

4.  City Council request the Deputy City Manager, Cluster A and the Deputy City Manager, Cluster B, in their negotiation of a Delivery Agreement with Waterfront Toronto in Part 3 above, to consider working with Partnership to Advance Youth Employment (PAYE), under the purview of Toronto Employment and Social Services and working with local employment agencies, to recruit job-ready prospects and to identify opportunities to hire and train locally-qualified candidates to further the City's workforce development objectives.

 

5.  City Council direct the Deputy City Manager, Cluster A, and the Deputy City Manager, Cluster B, to report back to Executive Committee in the first quarter of 2016 on governance and funding options for programming, operations and maintenance of the "Project"; as required by the Term Sheet attached as Appendix 1 to the report (November 19, 2015) from the Deputy City Manager, Cluster A, and the Deputy City Manager, Cluster B.

 

6.  City Council establish an obligatory reserve fund account named the 'Gardiner West Public Realm Improvements Reserve Fund' in Schedule 15 of City of Toronto Municipal Code Chapter 227, Reserves and Reserve Funds ("Chapter 227") the purpose of which is to provide a series of grants to Waterfront Toronto from donated funds to transform the vacant space under the westerly segment of the Gardiner between approximately Strachan Avenue and Spadina Avenue, with criteria as set out in Appendix 1 of the supplementary report (December 7, 2015) from the Deputy City Manager and Chief Financial Officer.

 

7. City Council amend Chapter 227 in accordance with Part 6 above.

 

8.  City Council direct the City Solicitor to submit the necessary bills to City Council to implement Council's decision.

Background Information (Committee)

(November 19, 2015) Report and Appendix 1 from the Deputy City Manager, Cluster A and the Deputy City Manager, Cluster B on Private Donation to Animate the F.G. Gardiner Expressway from Approximately Strachan Avenue to Spadina Avenue
https://www.toronto.ca/legdocs/mmis/2015/ex/bgrd/backgroundfile-85956.pdf

Background Information (City Council)

(December 7, 2015) Supplementary report from the Deputy City Manager and Chief Financial Officer on Gardiner West Public Realm Improvements Reserve Fund (EX10.7a)
https://www.toronto.ca/legdocs/mmis/2015/cc/bgrd/backgroundfile-86500.pdf

Motions (City Council)

1 - Motion to Amend Item (Additional) moved by Councillor Kristyn Wong-Tam (Carried)

That City Council request the Deputy City Manager, Cluster A and the Deputy City Manager, Cluster B, in their negotiation of a Delivery Agreement with Waterfront Toronto, to consider working with Partnership to Advance Youth Employment (PAYE), under the purview of Toronto Employment and Social Services and working with local employment agencies, to recruit job-ready prospects and to identify opportunities to hire and train locally-qualified candidates to further the City's workforce development objectives.


2 - Motion to Amend Item (Additional) moved by Councillor Joe Cressy (Carried)

That City Council adopt the following recommendations contained in the supplementary report (December 7, 2015) from the Deputy City Manager and Chief Financial Officer [EX10.7a]:

 

1.  Establish an obligatory reserve fund account named the 'Gardiner West Public Realm Improvements Reserve Fund' in Schedule 15 of City of Toronto Municipal Code Chapter 227, Reserves and Reserve Funds ("Chapter 227") the purpose of which is to provide a series of grants to Waterfront Toronto from donated funds to transform the vacant space under the westerly segment of the Gardiner between approximately Strachan Avenue and Spadina Avenue, with criteria as set out in Appendix 1 of this supplemental report.

 

2.  Amend Chapter 227 in accordance with Recommendation 1.

 

3.  Direct the City Solicitor to introduce any necessary bills in Council.


Motion to Adopt Item as Amended (Carried)

Vote (Adopt Item as Amended) Dec-09-2015 4:26 PM

Result: Carried Majority Required - EX10.7 - Adopt the item as amended
Total members that voted Yes: 33 Members that voted Yes are Paul Ainslie, Maria Augimeri, Michelle Berardinetti, Jon Burnside, John Campbell, Christin Carmichael Greb, Raymond Cho, Josh Colle, Gary Crawford, Joe Cressy, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Frank Di Giorgio, Sarah Doucette, John Filion, Paula Fletcher, Stephen Holyday, Jim Karygiannis, Norman Kelly, Mike Layton, Chin Lee, Josh Matlow, Mary-Margaret McMahon, Joe Mihevc, Frances Nunziata (Chair), James Pasternak, Gord Perks, Anthony Perruzza, Jaye Robinson, Michael Thompson, John Tory, Kristyn Wong-Tam
Total members that voted No: 0 Members that voted No are
Total members that were Absent: 12 Members that were absent are Ana Bail„o, Shelley Carroll, Justin J. Di Ciano, Rob Ford, Mary Fragedakis, Mark Grimes, Giorgio Mammoliti, Pam McConnell, Denzil Minnan-Wong, Ron Moeser, Cesar Palacio, David Shiner

EX10.7 - Private Donation to Animate the F.G. Gardiner Expressway from Approximately Strachan Avenue to Spadina Avenue

Decision Type:
ACTION
Status:
Adopted
Wards:
19 - Trinity-Spadina, 20 - Trinity-Spadina

Committee Recommendations

The Executive Committee recommends that:

 

1.  City Council authorize the City to accept a donation of up to $25 million from the Judy and Wilmot Matthews Foundation (the "Donor") for the purpose of improving the public realm beneath the elevated Gardiner Expressway between approximately Strachan Avenue and Spadina Avenue.

 

2.  City Council authorize the Deputy City Manager, Cluster A, and Deputy City Manager, Cluster B, to negotiate and enter into a Memorandum of Understanding with the City of Toronto, Waterfront Toronto and the Donor, substantially based on the terms and conditions described in the report (November 19, 2015) from the Deputy City Manager, Cluster A, and the Deputy City Manager, Cluster B, set out in the Term Sheet attached as Appendix 1 to the report (November 19, 2015) from the Deputy City Manager, Cluster A, and the Deputy City Manager, Cluster B, and such further terms and conditions as may be acceptable to the Deputy City Managers, Clusters A and B and the City Solicitor, as well as any related agreements, notices or undertakings.

 

3.  City Council authorize the Deputy City Manager, Cluster A, and the Deputy City Manager, Cluster B, to negotiate and enter into a Delivery Agreement with Waterfront Toronto, substantially based on the terms and conditions described in the report (November 19, 2015) from the Deputy City Manager, Cluster A, and the Deputy City Manager, Cluster B, set out in the Term Sheet attached as Appendix 1 to the report (November 19, 2015) from the Deputy City Manager, Cluster A, and the Deputy City Manager, Cluster B, and such further terms and conditions as may be acceptable to the Deputy City Managers, Clusters A and B and the City Solicitor, as well as any related agreements, notices or undertakings.

 

4.  City Council direct the Deputy City Manager, Cluster A, and the Deputy City Manager, Cluster B, to report back to Executive Committee in the first quarter of 2016 on governance and funding options for programming, operations and maintenance of the "Project"; as required by the Term Sheet attached as Appendix 1 to the report (November 19, 2015) from the Deputy City Manager, Cluster A, and the Deputy City Manager, Cluster B.

Origin

(November 19, 2015) Report from the Deputy City Manager, Cluster A and the Deputy City Manager, Cluster B

Summary

This report seeks City Council authority to accept a donation of up to $25 million from the Judy and Wilmot Matthews Foundation (the "Donor") for the "Project: Under Gardiner," consisting of public realm improvements beneath the elevated F.G. Gardiner Expressway from approximately Strachan Avenue to Spadina Avenue. The donation would represent one of the most significant donations ever made to the City of Toronto. The Matthews family hopes their actions will inspire others to provide significant gifts to the City of Toronto.

 

The intent of Project: Under Gardiner is to transform 10 acres of vacant space beneath 55 bents of a western segment of the elevated Gardiner into unique open spaces, or "rooms," featuring public art, landscape improvements, destination space for festivals and markets, as well as a pedestrian and cycling trail. A robust public consultation program would be undertaken in association with the planning and design process.

 

The project would complement capital improvements planned for the Fort York National Historic Site. It would advance the Central Waterfront Secondary Plan goals of: Removing Barriers/Making Connections; Building a Network of Spectacular Waterfront Parks and Public Spaces; and Promoting a Clean and Green Environment. It would also promote other civic initiatives related to active transportation, and complement the conversion of some privately owned lands beneath the Gardiner to publicly accessible space by local developers.

 

The first phase of the project is proposed for Strachan Avenue to Grand Magazine Street west of Bathurst Street. Completion would be targeted for July 2017 in time for Canada's Sesquicentennial celebrations. Project implementation would be coordinated with the ongoing rehabilitation of the Gardiner Expressway. The scope and schedule for the subsequent phase(s) of the project between Bathurst Street and Spadina Avenue would also be developed.

 

City of Toronto divisions, working with Waterfront Toronto (WT), would collaborate with the Donor to realize the project in accordance with a Memorandum of Understanding (MOU), to be developed among the parties. The Term Sheet, attached to this report, would form the basis of the MOU, as well as a Delivery Agreement between the City and WT. A Steering Committee with representation from the City, WT and the Donor would be established to oversee the project and its funding, which would flow to WT in regular increments through a sole-purpose reserve fund at the City of Toronto. Ken Greenberg Consultants Incorporated and the landscape design firm Public Work would work with the Donor, WT and the City on project planning and design.

 

Should the donation be accepted, Waterfront Toronto and the City would study governance and funding options for ongoing post-completion programming, operations and maintenance. Consideration would be given to the role of City divisions, and to the creation of a wholly owned City Services Corporation, an independent non-profit corporation, a charitable foundation or other appropriate vehicle to program, operate and maintain the facility, securing private donations and sponsorships, including participation from local area developers and leaseholders. The Waterfront Secretariat and Toronto Office of Partnerships would report to Executive Committee in the first quarter of 2016 on potential governance and funding options for this important legacy project.

Background Information

(November 19, 2015) Report and Appendix 1 from the Deputy City Manager, Cluster A and the Deputy City Manager, Cluster B on Private Donation to Animate the F.G. Gardiner Expressway from Approximately Strachan Avenue to Spadina Avenue
https://www.toronto.ca/legdocs/mmis/2015/ex/bgrd/backgroundfile-85956.pdf

Motions

1 - Motion to Adopt Item moved by Councillor David Shiner (Carried)
Source: Toronto City Clerk at www.toronto.ca/council