Item - 2018.EX33.1

Tracking Status

EX33.1 - Implementation of the SmartTrack Stations Program and the Metrolinx Regional Express Rail Program

Decision Type:
ACTION
Status:
Amended
Wards:
All

City Council Decision

City Council on April 24, 25, 26 and 27, 2018, adopted the following:

 

SmartTrack Stations Program

 

1.  City Council confirm that the Stage Gate 5 conditions set out by City Council on November 8 and 9, 2016, in adoption of Item EX19.1 - Transit Network Plan and Financial Strategy, and as described in Attachment 1 to the report (April 10, 2018) from the Interim City Manager, the Interim Chief Financial Officer, the Deputy City Manager, Internal Corporate Services and the Interim Deputy City Manager, Cluster B, are satisfied.
 

2.  City Council approve a contribution of up to $1.195 billion to Metrolinx for the Base Station Infrastructure, and request Metrolinx to proceed with the procurement of the SmartTrack Stations Program subject to the terms and conditions described in Attachment 1 to the report (April 10, 2018) from the Interim City Manager, the Interim Chief Financial Officer, the Deputy City Manager, Internal Corporate Services and the Interim Deputy City Manager, Cluster B.
 

3.  City Council approve a contribution of up to $268 million to Metrolinx for City-Initiated Station Requirements as described in Appendix 1 to Attachment 1 to the report (April 10, 2018) from the Interim City Manager, the Interim Chief Financial Officer, the Deputy City Manager, Internal Corporate Services and the Interim Deputy City Manager, Cluster B, to be procured by Metrolinx as part of the procurement of the SmartTrack Stations Program, subject to the terms and conditions described in Attachment 1 to the report (April 10, 2018) from the Interim City Manager, the Interim Chief Financial Officer, the Deputy City Manager, Internal Corporate Services and the Interim Deputy City Manager, Cluster B.
 

4.  City Council authorize the City Manager to negotiate and approve, and the City Manager or the Mayor to execute any agreement(s) necessary for the implementation of the SmartTrack Stations Program based on the terms outlined in Attachment 1 to the report (April 10, 2018) from the Interim City Manager, the Interim Chief Financial Officer, the Deputy City Manager, Internal Corporate Services and the Interim Deputy City Manager, Cluster B and on such other terms and conditions satisfactory to the Interim City Manager and in a form satisfactory to the City Solicitor.
 

Additional City Infrastructure

 

5.  City Council, with respect to the Metrolinx SmartTrack Stations Program procurement process:
 

a.  authorize the Deputy City Manager, Cluster B, to request Metrolinx to include Additional City Infrastructure, as set out in Appendix 1 to Attachment 1 to the report (April 10, 2018) from the Interim City Manager, the Interim Chief Financial Officer, the Deputy City Manager, Internal Corporate Services and the Interim Deputy City Manager, Cluster B, in its request for proposals for the SmartTrack Stations Program, as provisional or optional items for which separate competitive pricing is to be provided and with which the City can determine if it wishes to proceed, all in accordance with the terms of Attachment 1 to the report (April 10, 2018) from the Interim City Manager, the Interim Chief Financial Officer, the Deputy City Manager, Internal Corporate Services and the Interim Deputy City Manager, Cluster B; and
 

b.  authorize the Deputy City Manager, Cluster B, following selection by Metrolinx of the SmartTrack Stations Program Alternative Financing and Procurement Contractor(s), to identify and approve the Additional City Infrastructure which the Alternative Financing and Procurement Contractor(s) will be asked to construct, subject to the following conditions:
 

1.  the Deputy City Manager, Cluster B considers the price submitted by the Alternative Financing and Procurement Contractor(s) for the Additional City Infrastructure to be fair and reasonable; and
 

2.  the funding for the cost of the Additional City Infrastructure is available, in the year required, within an approved capital budget.

 

6.  City Council direct the General Manager, Transportation Services to bring forward for City Council consideration the capital costs and cash flows for the St. Clair Transportation Master Plan as part of the Transportation Services 2019 Capital Budget and 2020-2028 Capital Plan submission.
 

7.  City Council authorize the Deputy City Manager, Cluster B to identify and approve other enhancements or upgrades to City infrastructure impacted by the SmartTrack Stations Program, as well as investigative, planning and design studies considered necessary for City infrastructure and services in the vicinity of the Program, which may arise from time to time (the "Unidentified Works") as additional scope in any agreement which Metrolinx may have for the Program, including any agreement with the Alternative Financing and Procurement Contractor(s); the authority of the Deputy City Manager, Cluster B for the Unidentified Works is subject to the following conditions:
 

a.  the Deputy City Manager, Cluster B, considers the benefits and costs of the Unidentified Works in each case to be fair and reasonable; and
 

b.  the funding for the cost of the Unidentified Works is available, in the year required, within an approved capital or operating budget.

 

8.  City Council authorize the City Manager to review and identify opportunities for improving the connections between the Main Street Subway Station and the Danforth Go Station, in coordination with the Metrolinx Danforth Station Project, for consideration in the Additional City Infrastructure and Unidentified Works going forward.

 

Real Estate

 

9.  City Council implement the real estate principles identified in Attachment 1 to the report (April 10, 2018) from the Interim City Manager, the Interim Chief Financial Officer, the Deputy City Manager, Internal Corporate Services and the Interim Deputy City Manager, Cluster B in respect of the SmartTrack Transit Lands, which are determined by the Deputy City Manager, Internal Corporate Services to be required for the implementation of  the SmartTrack Stations Program (the "SmartTrack Transit Lands") as follows:
 

a.  City Council amend City of Toronto Municipal Code Chapter 213, Sale of Real Property to include SmartTrack in the definition of Transit Projects in that Chapter;
 

b.  City Council authorize the permanent closure of any SmartTrack Transit Lands that are public highways and exempt these lands from the requirements of City of Toronto Municipal Code Chapter 162, Public Notice;
 

c.  City Council direct the appropriate City staff to advise the public of the proposed closures of any SmartTrack Transit Lands that are public highways, prior to implementation, in accordance with the requirements of the Municipal Class Environmental Assessment for Schedule A+ activities, by posting notice of the proposed closures on the notices page of the City's website;
 

d.  City Council delegate authority to each of the Deputy City Manager, Internal Corporate Services and the Director, Real Estate Services, severally, to approve the disposal to Metrolinx of SmartTrack Transit Lands for nominal consideration in accordance with the principles identified in Attachment 1 to the report (April 10, 2018) from the Interim City Manager, the Interim Chief Financial Officer, the Deputy City Manager, Internal Corporate Services and the Interim Deputy City Manager, Cluster B, which will be incorporated into a real estate protocol that will form part of a SmartTrack Stations agreement subject to the reservation of any easements necessary to protect existing City services in a form acceptable to the City Solicitor;
 

e.  City Council authorize the granting of easements for services and utilities in the SmartTrack Transit Lands for nominal consideration in accordance with the principles identified in Attachment 1 to the report (April 10, 2018) from the Interim City Manager, the Interim Chief Financial Officer, the Deputy City Manager, Internal Corporate Services and the Interim Deputy City Manager, Cluster B to be incorporated into a SmartTrack Stations agreement on terms satisfactory to the Deputy City Manager, Internal Corporate Services, and in a form acceptable to the City Solicitor;
 

f.  City Council authorize the Director, Real Estate Services to serve and publish Notices of Application for Approval to Expropriate any property interests required to implement the Additional City Infrastructure and Unidentified Works described in Appendix 1 to Attachment 1 to the report (April 10, 2018) from the Interim City Manager, the Interim Chief Financial Officer, the Deputy City Manager, Internal Corporate Services and the Interim Deputy City Manager, Cluster B procured with the SmartTrack Stations Program (the "Additional City Infrastructure Lands"), to forward to the Chief Inquiry Officer any requests for hearing that are received, to attend the hearings to present the City's position and to report the Chief Inquiry Officer's recommendations to City Council for its consideration;
 

g.  City Council authorize, as the approving authority under the Expropriations Act, each of the Deputy City Manager, Internal Corporate Services and the Director, Real Estate Services, severally, to dispose of those Additional City Infrastructure Lands acquired by the City by expropriation for the purpose of Additional City Infrastructure projects and Unidentified Works, without giving the owner from whom the land was expropriated the first chance to repurchase the land on the terms of the best offer received by the expropriating authority;
 

h.  City Council exempt the disposition of the SmartTrack Transit Lands from policies generally applicable to the disposal of City land and authorize the Deputy City Manager, Internal Corporate Services to approve and execute such additional or other agreements or documents and to do all things deemed appropriate as may, in the opinion of the Deputy City Manager, Internal Corporate Services or the City Solicitor, be desirable to give effect;
 

i.  City Council authorize the City Solicitor to complete the transactions on behalf of the City, including paying any necessary expenses, amending the closing and other dates, and amending and waiving terms and conditions, on such terms as the City Solicitor considers appropriate; and
 

j.  City Council authorize the Deputy City Manager, Internal Corporate Services and Director, Real Estate Services, severally, to consent on behalf of the City, as owner, to the submission of applications and documents required in connection with any regulatory approvals in respect of the SmartTrack Transit Lands and in respect of any Additional City Infrastructure Lands and each of the Deputy City Manager, Internal Corporate Services and the Director, Real Estate Services be authorized severally to execute any documents required to give effect.
 

Metrolinx Regional Express Rail Program

 

10.  City Council delegate authority to each of the Deputy City Manager, Internal Corporate Services and the Director, Real Estate Services, severally, to approve the disposal to Metrolinx and the use by Metrolinx of certain City property, for nominal consideration (the "Regional Express Rail Excess City Lands"), provided that:
 

a.  the lands are not required for any current or future City purposes, including redevelopment purposes;
 

b.  the lands will be used solely to construct and operate Regional Express Rail transit infrastructure;
 

c.  the lands will be subject to the reservation of easements, as required for City purposes; and
 

d.  Metrolinx has entered into a real estate protocol with the City that includes, among other things, the criteria set out in this Part 10, together with a permit and approval protocol whereby Metrolinx agrees to comply with the City's by-law and permit requirements.
 

11.  City Council with respect to the Regional Express Rail Excess City Lands:
 

a.  exempt the Regional Express Rail Excess City Lands from the requirements of City of Toronto Municipal Code Chapter 213, Sale of Real Property;
 

b.  authorize the permanent closure of any Regional Express Rail Excess City Lands that are public highways and exempt these lands from the requirements of City of Toronto Municipal Code Chapter 162, Public Notice;
 

c.  direct the appropriate City staff to advise the public of the proposed closures of any Regional Express Rail Excess City Lands that are public highways, prior to implementation, in accordance with the requirements of the Municipal Class Environmental Assessment for Schedule A+ activities, by posting notice of the proposed closures on the notices page of the City’s website; and
 

d.  authorize the Deputy City Manager, Internal Corporate Services and the Director, Real Estate Services to approve and execute the protocol with Metrolinx required by Part 10.d. above, upon terms and conditions satisfactory to them in consultation with the City Solicitor.
 

12.  City Council approve in principle the use of the City-owned land to the south of Union Station by Metrolinx for its Union Station Enhancement Project Phase 1 and authorize the following:
 

a.   the Deputy City Manager, Internal Corporate Services to negotiate the terms of the necessary easements, licences and other agreements with Metrolinx for Union Station Enhancement Project and the terms of any required amendments to existing agreements that will be impacted by Union Station Enhancement Project, including the Northwest PATH Agreement, and report back to the Executive Committee on the recommended terms of such agreements; and
 

b.  the Deputy City Manager, Internal Corporate Services to negotiate, approve and execute a funding agreement between the City and Metrolinx (and Infrastructure Ontario, as necessary) requiring Metrolinx to pay all direct and indirect costs that will be incurred by the City in connection with Union Station Enhancement Project and to negotiate, approve and execute such interim ancillary agreements as may be necessary for the initial review of the Union Station Enhancement Project, on terms and conditions satisfactory to the Deputy City Manager, Internal Corporate Services, and in a form satisfactory to the City Solicitor.
 

13.  City Council approve:
 

a.  the sole source retainer of Davies, Ward, Phillips and Vineberg LLP for the initial amount of $300,000 for real estate law advice and completion of the necessary property-related agreements to facilitate the Union Station Enhancement Project;
 

b.  the sole source retainer of Osler, Hoskin and Harcourt LLP for the initial amount of $250,000 for construction law advice and completion of the necessary construction-related agreements for the Union Station Enhancement Project;
 

c.  the sole source retainer of Arup Canada Inc. for the initial amount of $100,000 for technical resources dedicated to pedestrian modelling reviews; and
 

d.  the sole source retainer of NORR Limited for the initial amount of $100,000 for peer reviews of the proposed Union Station Enhancement Project design;
 

and authorize any subsequent amendments, increases and/or assignments of these retainers, as deemed appropriate by the City Solicitor and the Deputy City Manager, Internal Corporate Services, with all funding for these retainers to be provided by Metrolinx as described in Part 12.b. above.

 

14.  City Council amend the Approved 2018-2027 Capital Budget and Plan for Facilities, Real Estate, Environment and Energy to add a new project called "Union Station Enhancement Project", with $750,000 of project cost, $750,000 of cash flow in 2018 and to be fully funded by Metrolinx.
 

15.  City Council approve the amendment of the retainer of Davies, Ward, Phillips and Vineberg LLP (Purchase Order 6025203) to provide ongoing real estate legal advice and expertise for the negotiation and completion of the necessary agreements for the Union Station Revitalization Project, in the additional amount of up to $0.415 million, for a revised total of up to $3.985 million, excluding applicable taxes and funded through the existing Council-approved 2018 Operating Budget for Facilities, Real Estate, Environment and Energy.
 

Resources

 

16.  City Council authorize the City Manager to hire a total of 52 temporary resources at a cost of $24.9 million gross over 2018-2020, which includes:
 

a.  32 temporary full-time equivalent positions dedicated to the implementation of the Regional Express Rail Program, fully funded by Metrolinx at a net-zero cost to the City, for a minimum of three years and renewable in subsequent years through agreements with Metrolinx; and
 

b.  20 temporary full-time equivalent positions dedicated to the implementation of the SmartTrack Stations Program, funded by the SmartTrack Capital Account;
 

and City Council direct the City Manager to undertake an annual review of resource requirements.
 

17.  City Council increase the 2018 Approved Operating Budgets and complement for the following City Programs to provide the authority for temporary resources for the period May 2018 to December 2020 necessary for project planning and preparation, with the cost of $3,630,985 in 2018, and the annualization cost of $3,499,622 in 2019, to be fully recovered from Metrolinx:
 

a.  Legal Services: $627,381 gross and $0 net and 5.5 positions;
 

b.  City Planning: $156,920 gross and $0 net and 1.5 positions;
 

c.  Transportation Services: $657,084 gross and $0 net and 6.5 positions;
 

d.  Toronto Water: $299,676 gross and $0 net and 2.5 positions;
 

e.  Parks, Forestry and Recreation: $92,092 gross and $0 net and 1.0 position;
 

f.  Toronto Building: $119,865 gross and $0 net and 1.0 position;
 

g.  Fire Services: $149,404 gross and $0 net and 1.0 position;
 

h.  Toronto Paramedic Services: $55,463 gross and $0 net and 0.5 position;
 

i.  Engineering and Construction Services: $487,130 gross and $0 net and 4.5 positions;
 

j.  Real Estate Services (within Facilities, Real Estate, Environment and Energy): $327,782 gross and $0 net and 3.0 positions; and
 

k.  Major Capital Infrastructure Coordination Office (within Policy, Planning, Finance and Administration): $658,188 gross and $0 net and 5.0 positions.
 

18.  City Council increase the Approved 2018 Operating Budgets and complement for the following City Programs to provide the authority for temporary resources for the period May 2018 to December 2020 necessary for project planning and preparation, with the cost of $1,318,931 in 2018, and the annualization cost of $1,294,610 in 2019, to be fully recovered from the SmartTrack Capital Project:
 

a.  Legal Services: $247,314 gross and $0 net and 3.5 positions;
 

b.  City Planning: $289,896 gross and $0 net and 4.5 positions;
 

c.  Transportation Services: $168,627 gross and $0 net and 2.5 positions;
 

d.  Toronto Water: $38,059 gross and $0 net and 0.5 position;
 

e.  Parks, Forestry and Recreation: $58,479 gross and $0 net and 1.0 position;
 

f.  Fire Services: $94,871 gross and $0 net and 1.0 position;
 

g.  Toronto Paramedic Services: $35,219 gross and $0 net and 0.5 position;
 

h.  Engineering and Construction Services: $157,092 gross and $0 net and 2.5 positions;
 

i.  Real Estate Services (within Facilities, Real Estate, Environment and Energy): $59,611 gross and $0 net and 1.0 position; and
 

j.  Major Capital Infrastructure Coordination Office (within Policy, Planning, Finance and Administration): $169,763 gross and $0 net and 2.0 positions.
 

Funding and Financing

 

19. City Council:
 

a.  amend the Approved 2018-2027 Budget and Plan estimates for the SmartTrack capital projects by approving Total Project Costs of $1,195 million for Base Station Infrastructure, $268 million for City-Initiated Station Requirements, and $6.9 million for capital positions dedicated to the SmartTrack capital project, as provided for in Parts 2, 3 and 16.b. above, comprising cash flow funding commitments of $1.3 million in 2018, $2.8 million in 2019, $2.8 million in 2020, and $1,463 million in 2025;
 

b.  endorse the capital funding and financing strategy for the SmartTrack Stations Program described in Attachment 2 to the report (April 10, 2018) from the Interim City Manager, the Interim Chief Financial Officer, the Deputy City Manager, Internal Corporate Services and the Interim Deputy City Manager, Cluster B, consisting of debt financed capital contributions, the majority of which are anticipated in 2025, with the associated debt service payments funded from a combination of accumulated and future municipal tax increment from new development, development charges, and City Building Fund allocations;
 

c.  authorize the creation of a Reserve Fund entitled the "SmartTrack Funding Reserve Fund" for the purpose of receiving and expending funds in accordance with the SmartTrack Stations Program funding and financing strategy, with the criteria described in Appendix 1 to Attachment 2 to the report (April 10, 2018) from the Interim City Manager, the Interim Chief Financial Officer, the Deputy City Manager, Internal Corporate Services and the Interim Deputy City Manager, Cluster B;
 

d.  adopt the SmartTrack Stations Program Tax Increment Financing Zones shown in Table 2 of Attachment 2 to the report (April 10, 2018) from the Interim City Manager, the Interim Chief Financial Officer, the Deputy City Manager, Internal Corporate Services and the Interim Deputy City Manager, Cluster B and identified in the Strategic Regional Research Alliance report entitled, "Commercial and Multi-Residential Forecasts for the Review of SmartTrack", dated January 2016, for the purpose of segregating municipal tax revenue arising from commercial and residential assessment growth in these Zones to facilitate the SmartTrack Stations Program funding and financing strategy;
 

e.  direct the Chief Financial Officer to include in annual budget submissions of an allocation of 15 percent of all incremental municipal tax revenue arising from commercial and residential assessment growth in the Tax Increment Financing Zones identified in Part 19.d. above to the "SmartTrack Funding Reserve Fund", net of any Imagination, Manufacturing, Innovation and Technology Grants attributable to this assessment growth, commencing in 2019 and continued for a period of 25 years ending in 2043; and
 

f.  direct the General Manager, Economic Development and Culture and the Chief Planner and Executive Director, City Planning to include in the proposed amendments to the new Community Improvement Plan By-law, on which they will be reporting to the Planning and Growth Management Committee in accordance with Item EX 30.6, to phase out the Imagination, Manufacturing, Innovation and Technology (IMIT) Grants over a 10-year period in the Queen/Carlaw (East Harbour SmartTrack Station) and Liberty (King-Liberty SmartTrack Station) Tax Increment Financing Zones identified in Recommendation 19.d. above for eligible applicants who obtain above-grade building permits between 2019 and 2028, in accordance with the following Table, and as described in greater detail in Table 5 of Attachment 2 to the report (April 10, 2018) from the Interim City Manager, the Interim Chief Financial Officer, the Deputy City Manager, Internal Corporate Services and the Interim Deputy City Manager, Cluster B:

 

Above-Grade Building Permit Issued

Total Value of Imagination, Manufacturing, Innovation and Technology Grant over 10 Years

2020

56 percent

2021

51 percent

2022

47 percent

2023

42 percent

2024

38 percent

2025

33 percent

2026

29 percent

2027

24 percent

2028

20 percent

Thereafter

0 percent

  

General

 

20.  City Council authorize the City Manager or designate to negotiate, approve and execute any agreements or documents between the City, Metrolinx and any other parties as may be required, desirable or necessary, in relation to the implementation of City Council's decision, all on such terms and conditions as are set out in Council's decision, and as are satisfactory to the City Manager, in consultation with the Chief Financial Officer and any other relevant official, and in a form acceptable to the City Solicitor.

 

21.  City Council direct the Deputy City Manager, Cluster B to report to the Executive Committee in the first quarter of 2019 on Metrolinx's further consideration of additional grade separations on the Stouffville and Barrie GO corridors, in the context of a future staff report on City infrastructure implications of the GO Regional Express Rail program.

Background Information (Committee)

(April 17, 2018) Presentation from the Interim City Manager and the Interim Chief Financial Officer on Implementation of the SmartTrack Stations Program and the Metrolinx Regional Express Rail Program
https://www.toronto.ca/legdocs/mmis/2018/ex/bgrd/backgroundfile-114181.pdf
(April 10, 2018) Report from the Interim City Manager, the Interim Chief Financial Officer, the Deputy City Manager, Internal Corporate Services and the Interim Deputy City Manager, Cluster B on Implementation of the SmartTrack Stations Program and the Metrolinx Regional Express Rail Program
https://www.toronto.ca/legdocs/mmis/2018/ex/bgrd/backgroundfile-113811.pdf
Attachment 1 - SmartTrack Stations Program -Terms and Conditions
https://www.toronto.ca/legdocs/mmis/2018/ex/bgrd/backgroundfile-113940.pdf
Attachment 2 - SmartTrack Stations Program Funding and Financing Strategy
https://www.toronto.ca/legdocs/mmis/2018/ex/bgrd/backgroundfile-113941.pdf
Attachment 3 - New SmartTrack/Go RER Stations - Technical and Planning Update
https://www.toronto.ca/legdocs/mmis/2018/ex/bgrd/backgroundfile-113932.pdf
Attachment 4 - St. Clair Transportation Master Plan
https://www.toronto.ca/legdocs/mmis/2018/ex/bgrd/backgroundfile-113933.pdf
Attachment 5 - Regional Express Rail - Enabling Works Update
https://www.toronto.ca/legdocs/mmis/2018/ex/bgrd/backgroundfile-113934.pdf
Attachment 6 - Union Station Enhancement Project - Phase 1 Request for Proposal Renderings
https://www.toronto.ca/legdocs/mmis/2018/ex/bgrd/backgroundfile-113935.pdf

Background Information (City Council)

(April 24, 2018) Supplementary report from the Chief Planner and Executive Director, City Planning on City Response to Metrolinx' Lawrence-Kennedy Initial Business Case (IBC) (EX33.1a)
https://www.toronto.ca/legdocs/mmis/2018/cc/bgrd/backgroundfile-114510.pdf
Attachment 1 - June 17, 2016 Letter from the City to Metrolinx
https://www.toronto.ca/legdocs/mmis/2018/cc/bgrd/backgroundfile-114511.pdf
Attachment 2 - October 26, 2017 Letter from the City to Metrolinx
https://www.toronto.ca/legdocs/mmis/2018/cc/bgrd/backgroundfile-114528.pdf

Communications (Committee)

(April 14, 2018) E-mail from David Crawford (EX.Supp.EX33.1.1)
(April 16, 2018) E-mail from Hamish Wilson (EX.Supp.EX33.1.2)
(April 16, 2018) E-mail from Moya Beall (EX.Supp.EX33.1.3)
(April 17, 2018) Submission from Scott Dobson, Friends of West Toronto Railpath (EX.New.EX33.1.4)
https://www.toronto.ca/legdocs/mmis/2018/ex/comm/communicationfile-79618.pdf
(April 17, 2018) Submission from Kiet Ngo, Director of Development and Acquisitions, First Capital (EX.New.EX33.1.5)
https://www.toronto.ca/legdocs/mmis/2018/ex/comm/communicationfile-79619.pdf
(April 17, 2018) Submission from Lasantha Jayatilaka (EX.New.EX33.1.6)
(April 17, 2018) Submission from Brenda Thompson, Scarborough Transit Action (EX.New.EX33.1.7)

Communications (City Council)

(April 20, 2018) Letter from Afzal Khan, Administrative Manager, ConsolidatedBottle (CC.Supp.EX33.1.8)
https://www.toronto.ca/legdocs/mmis/2018/cc/comm/communicationfile-79693.pdf
(April 23, 2018) Submission from Hamish Wilson (CC.New.EX33.1.9)

Motions (City Council)

1 - Motion to Amend Item (Additional) moved by Councillor Giorgio Mammoliti (Lost)

That City Council request the Province of Ontario and Metrolinx to reallocate one billion dollars from the Finch LRT project and to use the funds for SmartTrack.

Vote (Amend Item (Additional)) Apr-25-2018 4:28 PM

Result: Lost Majority Required - EX33.1 - Mammoliti - motion 1
Total members that voted Yes: 3 Members that voted Yes are Jim Karygiannis, Giorgio Mammoliti, James Pasternak
Total members that voted No: 40 Members that voted No are Paul Ainslie, Maria Augimeri, Ana Bail„o, Jon Burnside, John Campbell, Christin Carmichael Greb, Josh Colle, Gary Crawford, Joe Cressy, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Justin J. Di Ciano, Frank Di Giorgio, Sarah Doucette, John Filion, Paula Fletcher, Michael Ford, Mary Fragedakis, Mark Grimes, Jim Hart, Michelle Holland, Stephen Holyday, Norman Kelly, Mike Layton, Chin Lee, Josh Matlow, Mary-Margaret McMahon, Joe Mihevc, Frances Nunziata (Chair), Cesar Palacio, Gord Perks, Anthony Perruzza, Jaye Robinson, Neethan Shan, David Shiner, Michael Thompson, John Tory, Lucy Troisi, Kristyn Wong-Tam
Total members that were Absent: 1 Members that were absent are Denzil Minnan-Wong

Vote (Amend Item (Additional)) Apr-25-2018 4:30 PM

Result: Lost Majority Required - EX33.1 - Mammoliti - motion 1 - REVOTE
Total members that voted Yes: 2 Members that voted Yes are Michelle Holland, Giorgio Mammoliti
Total members that voted No: 41 Members that voted No are Paul Ainslie, Maria Augimeri, Ana Bail„o, Jon Burnside, John Campbell, Christin Carmichael Greb, Josh Colle, Gary Crawford, Joe Cressy, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Justin J. Di Ciano, Frank Di Giorgio, Sarah Doucette, John Filion, Paula Fletcher, Michael Ford, Mary Fragedakis, Mark Grimes, Jim Hart, Stephen Holyday, Jim Karygiannis, Norman Kelly, Mike Layton, Chin Lee, Josh Matlow, Mary-Margaret McMahon, Joe Mihevc, Frances Nunziata (Chair), Cesar Palacio, James Pasternak, Gord Perks, Anthony Perruzza, Jaye Robinson, Neethan Shan, David Shiner, Michael Thompson, John Tory, Lucy Troisi, Kristyn Wong-Tam
Total members that were Absent: 1 Members that were absent are Denzil Minnan-Wong

Vote (Amend Item (Additional)) Apr-25-2018 4:31 PM

Result: Lost Majority Required - EX33.1 - Mammoliti - motion 1 - 2nd REVOTE
Total members that voted Yes: 1 Members that voted Yes are Giorgio Mammoliti
Total members that voted No: 42 Members that voted No are Paul Ainslie, Maria Augimeri, Ana Bail„o, Jon Burnside, John Campbell, Christin Carmichael Greb, Josh Colle, Gary Crawford, Joe Cressy, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Justin J. Di Ciano, Frank Di Giorgio, Sarah Doucette, John Filion, Paula Fletcher, Michael Ford, Mary Fragedakis, Mark Grimes, Jim Hart, Michelle Holland, Stephen Holyday, Jim Karygiannis, Norman Kelly, Mike Layton, Chin Lee, Josh Matlow, Mary-Margaret McMahon, Joe Mihevc, Frances Nunziata (Chair), Cesar Palacio, James Pasternak, Gord Perks, Anthony Perruzza, Jaye Robinson, Neethan Shan, David Shiner, Michael Thompson, John Tory, Lucy Troisi, Kristyn Wong-Tam
Total members that were Absent: 1 Members that were absent are Denzil Minnan-Wong

Motion to Reconsider Vote moved by Councillor David Shiner (Carried)

That in accordance with the provisions of Chapter 27, Council Procedures, City Council reconsider the vote on motion 1 by Councillor Mammoliti.


Motion to Reconsider Vote moved by Councillor Glenn De Baeremaeker (Carried)

That in accordance with the provisions of Chapter 27, Council Procedures, City Council again reconsider the vote on motion 1 by Councillor Mammoliti.


2a - Motion to Amend Item moved by Councillor Gary Crawford (Carried)

That City Council amend Executive Committee Recommendation 18.f. so that it now reads as follows:

 

18.f.  authorize direct the General Manager, Economic Development and Culture and the Chief Planner and Executive Director, City Planning to include in the proposed amendments to the new Community Improvement Plan By-law, on which they will be reporting to the Planning and Growth Management Committee in accordance with Item EX 30.6, the phasing to phase out of the Imagination, Manufacturing, Innovation and Technology (IMIT) Grants over a 10-year period in the Queen/Carlaw (East Harbour SmartTrack Station) and Liberty (King-Liberty SmartTrack Station) Tax Increment Financing Zones identified in Recommendation 18.d. above for eligible applicants who obtain above-grade building permits between 2019 and 2028, in accordance with the following Table, and as described in greater detail in Table 5 of Attachment 2 to the report (April 10, 2018) from the Interim City Manager, the Interim Chief Financial Officer, the Deputy City Manager, Internal Corporate Services and the Interim Deputy City Manager, Cluster B, and that any new Community Improvement Plan that defines the Imagination, Manufacturing, Innovation and Technology program be amended accordingly:

Vote (Amend Item) Apr-25-2018 4:24 PM

Result: Carried Majority Required - EX33.1 - Crawford - motion 2a
Total members that voted Yes: 41 Members that voted Yes are Paul Ainslie, Maria Augimeri, Jon Burnside, John Campbell, Christin Carmichael Greb, Josh Colle, Gary Crawford, Joe Cressy, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Justin J. Di Ciano, Frank Di Giorgio, Sarah Doucette, John Filion, Paula Fletcher, Michael Ford, Mary Fragedakis, Mark Grimes, Jim Hart, Michelle Holland, Stephen Holyday, Jim Karygiannis, Norman Kelly, Mike Layton, Chin Lee, Giorgio Mammoliti, Josh Matlow, Mary-Margaret McMahon, Joe Mihevc, Frances Nunziata (Chair), Cesar Palacio, James Pasternak, Gord Perks, Jaye Robinson, Neethan Shan, David Shiner, Michael Thompson, John Tory, Lucy Troisi, Kristyn Wong-Tam
Total members that voted No: 1 Members that voted No are Anthony Perruzza
Total members that were Absent: 2 Members that were absent are Ana Bail„o, Denzil Minnan-Wong

2b - Motion to Amend Item moved by Councillor Gary Crawford (Carried)

That City Council amend Executive Committee Recommendation 4 so that it now reads as follows:

 

4.  City Council authorize the Interim City Manager to negotiate and approve, and the City Manager or the Mayor to execute any agreement(s) necessary for the implementation of the SmartTrack Stations Program based on the terms outlined in Attachment 1 to the report (April 10, 2018) from the Interim City Manager, the Interim Chief Financial Officer, the Deputy City Manager, Internal Corporate Services and the Interim Deputy City Manager, Cluster B and on such other terms and conditions satisfactory to the Interim City Manager and in a form satisfactory to the City Solicitor.

Vote (Amend Item) Apr-25-2018 4:27 PM

Result: Carried Majority Required - EX33.1 - Crawford - motion 2b
Total members that voted Yes: 34 Members that voted Yes are Paul Ainslie, Ana Bail„o, Jon Burnside, John Campbell, Christin Carmichael Greb, Josh Colle, Gary Crawford, Joe Cressy, Vincent Crisanti, Glenn De Baeremaeker, Justin J. Di Ciano, Frank Di Giorgio, Paula Fletcher, Michael Ford, Mark Grimes, Jim Hart, Michelle Holland, Stephen Holyday, Jim Karygiannis, Norman Kelly, Chin Lee, Giorgio Mammoliti, Mary-Margaret McMahon, Joe Mihevc, Frances Nunziata (Chair), Cesar Palacio, James Pasternak, Jaye Robinson, Neethan Shan, David Shiner, Michael Thompson, John Tory, Lucy Troisi, Kristyn Wong-Tam
Total members that voted No: 9 Members that voted No are Maria Augimeri, Janet Davis, Sarah Doucette, John Filion, Mary Fragedakis, Mike Layton, Josh Matlow, Gord Perks, Anthony Perruzza
Total members that were Absent: 1 Members that were absent are Denzil Minnan-Wong

3a - Motion to Amend Item (Additional) moved by Councillor Janet Davis (Carried)

That City Council authorize the City Manager to review and identify opportunities for improving the connections between the Main Street Subway Station and the Danforth Go Station, in coordination with the Metrolinx Danforth Station Project, for consideration in the Additional City Infrastructure and Unidentified Works going forward.

Vote (Amend Item (Additional)) Apr-25-2018 4:33 PM

Result: Carried Majority Required - EX33.1 - Davis - motion 3a
Total members that voted Yes: 40 Members that voted Yes are Paul Ainslie, Maria Augimeri, Ana Bail„o, Jon Burnside, John Campbell, Christin Carmichael Greb, Josh Colle, Gary Crawford, Joe Cressy, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Justin J. Di Ciano, Frank Di Giorgio, Sarah Doucette, John Filion, Paula Fletcher, Michael Ford, Mary Fragedakis, Mark Grimes, Jim Hart, Michelle Holland, Stephen Holyday, Jim Karygiannis, Norman Kelly, Mike Layton, Chin Lee, Josh Matlow, Mary-Margaret McMahon, Joe Mihevc, Frances Nunziata (Chair), Cesar Palacio, Gord Perks, Jaye Robinson, Neethan Shan, David Shiner, Michael Thompson, John Tory, Lucy Troisi, Kristyn Wong-Tam
Total members that voted No: 3 Members that voted No are Giorgio Mammoliti, James Pasternak, Anthony Perruzza
Total members that were Absent: 1 Members that were absent are Denzil Minnan-Wong

3b - Motion to Amend Item moved by Councillor Janet Davis (Redundant)

That City Council amend Executive Committee Recommendation 4 by deleting the words "approve and execute" and add the words "and report to Council prior to the awarding of major contracts and agreements" after the word "Solicitor" so that it now reads as follows:

 

4.  City Council authorize the Interim City Manager to negotiate approve and execute any agreement(s) necessary for the implementation of the SmartTrack Stations Program based on the terms outlined in Attachment 1 to the report (April 10, 2018) from the Interim City Manager, the Interim Chief Financial Officer, the Deputy City Manager, Internal Corporate Services and the Interim Deputy City Manager, Cluster B and on such other terms and conditions satisfactory to the Interim City Manager and in a form satisfactory to the City Solicitor and report to Council prior to the awarding of major contracts and agreements.

Ruling by Speaker Frances Nunziata
Speaker Nunziata ruled motion 3b by Councillor Davis redundant due to Council's adoption of motion 2b by Councillor Crawford.


Motion to Adopt Item as Amended (Carried)

Adoption of Executive Committee Recommendation 2 only:

 

2.  City Council approve a contribution of up to $1.195 billion to Metrolinx for the Base Station Infrastructure, and request Metrolinx to proceed with the procurement of the SmartTrack Stations Program subject to the terms and conditions described in Attachment 1 to the report (April 10, 2018) from the Interim City Manager, the Interim Chief Financial Officer, the Deputy City Manager, Internal Corporate Services and the Interim Deputy City Manager, Cluster B.

Vote (Adopt Item as Amended) Apr-25-2018 4:34 PM

Result: Carried Majority Required - EX33.1 - Adoption of Executive Committee Recommendation 2 only
Total members that voted Yes: 35 Members that voted Yes are Paul Ainslie, Ana Bail„o, Jon Burnside, Christin Carmichael Greb, Josh Colle, Gary Crawford, Joe Cressy, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Justin J. Di Ciano, Frank Di Giorgio, John Filion, Paula Fletcher, Michael Ford, Mary Fragedakis, Mark Grimes, Jim Hart, Michelle Holland, Stephen Holyday, Jim Karygiannis, Norman Kelly, Mike Layton, Chin Lee, Mary-Margaret McMahon, Joe Mihevc, Frances Nunziata (Chair), Cesar Palacio, James Pasternak, Jaye Robinson, Neethan Shan, David Shiner, Michael Thompson, John Tory, Lucy Troisi
Total members that voted No: 8 Members that voted No are Maria Augimeri, John Campbell, Sarah Doucette, Giorgio Mammoliti, Josh Matlow, Gord Perks, Anthony Perruzza, Kristyn Wong-Tam
Total members that were Absent: 1 Members that were absent are Denzil Minnan-Wong

Motion to Adopt Item as Amended (Carried)

Adoption of the balance of the Item, as amended.

Vote (Adopt Item as Amended) Apr-25-2018 4:36 PM

Result: Carried Majority Required - EX33.1 - Adopt balance of the item as amended
Total members that voted Yes: 37 Members that voted Yes are Paul Ainslie, Ana Bail„o, Jon Burnside, John Campbell, Christin Carmichael Greb, Josh Colle, Gary Crawford, Joe Cressy, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Justin J. Di Ciano, Frank Di Giorgio, John Filion, Paula Fletcher, Michael Ford, Mary Fragedakis, Mark Grimes, Jim Hart, Michelle Holland, Stephen Holyday, Jim Karygiannis, Norman Kelly, Mike Layton, Chin Lee, Giorgio Mammoliti, Mary-Margaret McMahon, Joe Mihevc, Frances Nunziata (Chair), Cesar Palacio, James Pasternak, Jaye Robinson, Neethan Shan, David Shiner, Michael Thompson, John Tory, Lucy Troisi
Total members that voted No: 6 Members that voted No are Maria Augimeri, Sarah Doucette, Josh Matlow, Gord Perks, Anthony Perruzza, Kristyn Wong-Tam
Total members that were Absent: 1 Members that were absent are Denzil Minnan-Wong

Point of Privilege by Councillor Mary-Margaret McMahon

Councillor McMahon, rising on a Point of Privilege, stated that Councillor Peruzza was speaking when he did not have the floor and that this was distracting.

Ruling by Speaker Frances Nunziata
Speaker Nunziata accepted the Point of Privilege and thanked Councillor McMahon for her comments.

EX33.1 - Implementation of the SmartTrack Stations Program and the Metrolinx Regional Express Rail Program

Decision Type:
ACTION
Status:
Amended
Wards:
All

Committee Recommendations

The Executive Committee recommends that:

 

SmartTrack Stations Program

 

1.  City Council confirm that the Stage Gate 5 conditions set out by City Council on November 8 and 9, 2016, in adoption of Item EX19.1 - Transit Network Plan and Financial Strategy, and as described in Attachment 1 to the report (April 10, 2018) from the Interim City Manager, the Interim Chief Financial Officer, the Deputy City Manager, Internal Corporate Services and the Interim Deputy City Manager, Cluster B, are satisfied.
 

2.  City Council approve a contribution of up to $1.195 billion to Metrolinx for the Base Station Infrastructure, and request Metrolinx to proceed with the procurement of the SmartTrack Stations Program subject to the terms and conditions described in Attachment 1 to the report (April 10, 2018) from the Interim City Manager, the Interim Chief Financial Officer, the Deputy City Manager, Internal Corporate Services and the Interim Deputy City Manager, Cluster B.
 

3.  City Council approve a contribution of up to $268 million to Metrolinx for City-Initiated Station Requirements as described in Appendix 1 to Attachment 1 to the report (April 10, 2018) from the Interim City Manager, the Interim Chief Financial Officer, the Deputy City Manager, Internal Corporate Services and the Interim Deputy City Manager, Cluster B, to be procured by Metrolinx as part of the procurement of the SmartTrack Stations Program, subject to the terms and conditions described in Attachment 1 to the report (April 10, 2018) from the Interim City Manager, the Interim Chief Financial Officer, the Deputy City Manager, Internal Corporate Services and the Interim Deputy City Manager, Cluster B.
 

4.  City Council authorize the Interim City Manager to negotiate, approve and execute any agreement(s) necessary for the implementation of the SmartTrack Stations Program based on the terms outlined in Attachment 1 to the report (April 10, 2018) from the Interim City Manager, the Interim Chief Financial Officer, the Deputy City Manager, Internal Corporate Services and the Interim Deputy City Manager, Cluster B and on such other terms and conditions satisfactory to the Interim City Manager and in a form satisfactory to the City Solicitor.
 

Additional City Infrastructure

 

5.  City Council, with respect to the Metrolinx SmartTrack Stations Program procurement process:
 

a.  authorize the Interim Deputy City Manager, Cluster B, to request Metrolinx to include Additional City Infrastructure, as set out in Appendix 1 to Attachment 1 to the report (April 10, 2018) from the Interim City Manager, the Interim Chief Financial Officer, the Deputy City Manager, Internal Corporate Services and the Interim Deputy City Manager, Cluster B, in its request for proposals (RFP) for the SmartTrack Stations Program, as provisional or optional items for which separate competitive pricing is to be provided and with which the City can determine if it wishes to proceed, all in accordance with the terms of Attachment 1 to the report (April 10, 2018) from the Interim City Manager, the Interim Chief Financial Officer, the Deputy City Manager, Internal Corporate Services and the Interim Deputy City Manager, Cluster B.
 

b.  authorize the Interim Deputy City Manager, Cluster B, following selection by Metrolinx of the SmartTrack Stations Program Alternative Financing and Procurement (AFP) Contractor(s), to identify and approve the Additional City Infrastructure which the Alternative Financing and Procurement Contractor(s) will be asked to construct, subject to the following conditions:
 

1.  the Interim Deputy City Manager, Cluster B considers the price submitted by the Alternative Financing and Procurement Contractor(s) for the Additional City Infrastructure to be fair and reasonable; and
 

2.  the funding for the cost of the Additional City Infrastructure is available, in the year required, within an approved capital budget.
 

6.  City Council direct the General Manager, Transportation Services to bring forward for City Council consideration the capital costs and cash flows for the St. Clair Transportation Master Plan as part of the Transportation Services Division 2019 Capital Budget and 2020-2028 Capital Plan submission.
 

7.  City Council authorize the Interim Deputy City Manager, Cluster B to identify and approve other enhancements or upgrades to City infrastructure impacted by the SmartTrack Stations Program, as well as investigative, planning and design studies considered necessary for City infrastructure and services in the vicinity of the Program, which may arise from time to time (the "Unidentified Works") as additional scope in any agreement which Metrolinx may have for the Program, including any agreement with the Alternative Financing and Procurement (AFP) Contractor(s). The authority of the Interim Deputy City Manager, Cluster B for the Unidentified Works is subject to the following conditions:
 

a.  the Interim Deputy City Manager, Cluster B, considers the benefits and costs of the Unidentified Works in each case to be fair and reasonable; and
 

b.  the funding for the cost of the Unidentified Works is available, in the year required, within an approved capital or operating budget.
 

Real Estate

 

8.  City Council implement the real estate principles identified in Attachment 1 to the report (April 10, 2018) from the Interim City Manager, the Interim Chief Financial Officer, the Deputy City Manager, Internal Corporate Services and the Interim Deputy City Manager, Cluster B in respect of the SmartTrack Transit Lands, which are determined by the Deputy City Manager, Internal Corporate Services to be required for the implementation of  the SmartTrack Stations Program (the "SmartTrack Transit Lands") as follows:
 

a.  City Council amend City of Toronto Municipal Code Chapter 213, Sale of Real Property to include SmartTrack in the definition of Transit Projects in that Chapter;
 

b.  City Council authorize the permanent closure of any SmartTrack Transit Lands that are public highways and exempt these lands from the requirements of City of Toronto Municipal Code Chapter 162, Public Notice;
 

c.  City Council direct the appropriate City staff to advise the public of the proposed closures of any SmartTrack Transit Lands that are public highways, prior to implementation, in accordance with the requirements of the Municipal Class Environmental Assessment for Schedule "A+" activities, by posting notice of the proposed closures on the notices page of the City's website;
 

d.  City Council delegate authority to each of the Deputy City Manager, Internal Corporate Services and the Director, Real Estate Services, severally, to approve the disposal to Metrolinx of SmartTrack Transit Lands for nominal consideration in accordance with the principles identified in Attachment 1 to the report (April 10, 2018) from the Interim City Manager, the Interim Chief Financial Officer, the Deputy City Manager, Internal Corporate Services and the Interim Deputy City Manager, Cluster B, which will be incorporated into a real estate protocol that will form part of a SmartTrack Stations agreement subject to the reservation of any easements necessary to protect existing City services in a form acceptable to the City Solicitor;
 

e.  City Council authorize the granting of easements for services and utilities in the SmartTrack Transit Lands for nominal consideration in accordance with the principles identified in Attachment 1 to the report (April 10, 2018) from the Interim City Manager, the Interim Chief Financial Officer, the Deputy City Manager, Internal Corporate Services and the Interim Deputy City Manager, Cluster B to be incorporated into a SmartTrack Stations agreement on terms satisfactory to the Deputy City Manager, Internal Corporate Services, and in a form acceptable to the City Solicitor;
 

f.  City Council authorize the Director, Real Estate Services to serve and publish Notices of Application for Approval to Expropriate any property interests required to implement the Additional City Infrastructure and Unidentified Works described in Appendix 1 to Attachment 1 to the report (April 10, 2018) from the Interim City Manager, the Interim Chief Financial Officer, the Deputy City Manager, Internal Corporate Services and the Interim Deputy City Manager, Cluster B procured with the SmartTrack Stations Program (the "Additional City Infrastructure Lands"), to forward to the Chief Inquiry Officer any requests for hearing that are received, to attend the hearings to present the City's position and to report the Chief Inquiry Officer's recommendations to City Council for its consideration;
 

g.  City Council authorize, as the approving authority under the Expropriations Act, each of the Deputy City Manager, Internal Corporate Services and the Director, Real Estate Services, severally, to dispose of those Additional City Infrastructure Lands acquired by the City by expropriation for the purpose of Additional City Infrastructure projects and Unidentified Works, without giving the owner from whom the land was expropriated the first chance to repurchase the land on the terms of the best offer received by the expropriating authority;
 

h.  City Council exempt the disposition of the SmartTrack Transit Lands from policies generally applicable to the disposal of City land and authorize the Deputy City Manager, Internal Corporate Services to approve and execute such additional or other agreements or documents and to do all things deemed appropriate as may, in the opinion of the Deputy City Manager, Internal Corporate Services or the City Solicitor, be desirable to give effect;
 

i.  City Council authorize the City Solicitor to complete the transactions on behalf of the City, including paying any necessary expenses, amending the closing and other dates, and amending and waiving terms and conditions, on such terms as the City Solicitor considers appropriate; and
 

j.  City Council authorize the Deputy City Manager, Internal Corporate Services and Director, Real Estate Services, severally, to consent on behalf of the City, as owner, to the submission of applications and documents required in connection with any regulatory approvals in respect of the SmartTrack Transit Lands and in respect of any Additional City Infrastructure Lands and each of the Deputy City Manager, Internal Corporate Services and the Director, Real Estate Services be authorized severally to execute any documents required to give effect.
 

Metrolinx Regional Express Rail Program

 

9.  City Council delegate authority to each of the Deputy City Manager, Internal Corporate Services and the Director, Real Estate Services, severally, to approve the disposal to Metrolinx and the use by Metrolinx of certain City property, for nominal consideration (the "Regional Express Rail Excess City Lands"), provided that:
 

a.  the lands are not required for any current or future City purposes, including redevelopment purposes;
 

b.  the lands will be used solely to construct and operate Regional Express Rail transit infrastructure;
 

c.  the lands will be subject to the reservation of easements, as required for City purposes; and
 

d.  Metrolinx has entered into a real estate protocol with the City that includes, among other things, the criteria set out in this Recommendation 9, together with a permit and approval protocol whereby Metrolinx agrees to comply with the City's by-law and permit requirements.
 

10.  City Council with respect to the Regional Express Rail Excess City Lands:
 

a.  exempt the Regional Express Rail Excess City Lands from the requirements of City of Toronto Municipal Code Chapter 213, Sale of Real Property;
 

b.  authorize the permanent closure of any Regional Express Rail Excess City Lands that are public highways and exempt these lands from the requirements of City of Toronto Municipal Code Chapter 162, Public Notice;
 

c.  direct the appropriate City staff to advise the public of the proposed closures of any Regional Express Rail Excess City Lands that are public highways, prior to implementation, in accordance with the requirements of the Municipal Class Environmental Assessment for Schedule "A+" activities, by posting notice of the proposed closures on the notices page of the City’s website; and
 

d.  authorize the Deputy City Manager, Internal Corporate Services and the Director, Real Estate Services to approve and execute the protocol with Metrolinx required by Recommendation 9.d. above, upon terms and conditions satisfactory to them in consultation with the City Solicitor.
 

11.  City Council approve in principle the use of the City-owned land to the south of Union Station by Metrolinx for its Union Station Enhancement Project Phase 1 (USEP) and authorize the following:
 

a.   the Deputy City Manager, Internal Corporate Services to negotiate the terms of the necessary easements, licences and other agreements with Metrolinx for Union Station Enhancement Project and the terms of any required amendments to existing agreements that will be impacted by Union Station Enhancement Project, including the Northwest PATH (NW PATH) Agreement, and report back to the Executive Committee on the recommended terms of such agreements; and
 

b.  the Deputy City Manager, Internal Corporate Services to negotiate, approve and execute a funding agreement between the City and Metrolinx (and Infrastructure Ontario, as necessary) requiring Metrolinx to pay all direct and indirect costs that will be incurred by the City in connection with Union Station Enhancement Project and to negotiate, approve and execute such interim ancillary agreements as may be necessary for the initial review of the Union Station Enhancement Project, on terms and conditions satisfactory to the Deputy City Manager, Internal Corporate Services, and in a form satisfactory to the City Solicitor.
 

12.  City Council approve:
 

a.  the sole source retainer of Davies, Ward, Phillips and Vineberg LLP for the initial amount of $300,000 for real estate law advice and completion of the necessary property-related agreements to facilitate the Union Station Enhancement Project;
 

b.  the sole source retainer of Osler, Hoskin and Harcourt LLP for the initial amount of $250,000 for construction law advice and completion of the necessary construction-related agreements for the Union Station Enhancement Project;
 

c.  the sole source retainer of Arup Canada Inc. for the initial amount of $100,000 for technical resources dedicated to pedestrian modelling reviews; and
 

d.  the sole source retainer of NORR Limited for the initial amount of $100,000 for peer reviews of the proposed Union Station Enhancement Project design;
 

and authorize any subsequent amendments, increases and/or assignments of these retainers, as deemed appropriate by the City Solicitor and the Deputy City Manager, Internal Corporate Services, with all funding for these retainers to be provided by Metrolinx as described in Recommendation 11.b. above.

 

13.  City Council amend the 2018-2027 Council-approved Capital Budget and Plan for Facilities, Real Estate, Environment and Energy (FREEE) to add a new project called "Union Station Enhancement Project (USEP)", with $750,000 of project cost, $750,000 of cash flow in 2018 and to be fully funded by Metrolinx.
 

14.  City Council approve the amendment of the retainer of Davies, Ward, Phillips and Vineberg LLP (Purchase Order No. 6025203) to provide ongoing real estate legal advice and expertise for the negotiation and completion of the necessary agreements for the Union Station Revitalization Project (USRP), in the additional amount of up to $0.415 million, for a revised total of up to $3.985 million, excluding applicable taxes and funded through the existing Council-approved 2018 Operating Budget for Facilities, Real Estate, Environment and Energy.
 

Resources

 

15.  City Council authorize the Interim City Manager to hire a total of 52 temporary resources at a cost of $24.9 million gross over 2018-2020, which includes:
 

a.  32 temporary full-time equivalent positions dedicated to the implementation of the Regional Express Rail Program, fully funded by Metrolinx at a net-zero cost to the City, for a minimum of three years and renewable in subsequent years through agreements with Metrolinx;
 

b.  20 temporary full-time equivalent positions dedicated to the implementation of the SmartTrack Stations Program, funded by the SmartTrack Capital Account; and
 

c.  Direct the Interim City Manager to undertake an annual review of resource requirements.
 

16.  City Council increase the 2018 Approved Operating Budgets and complement for the following City Programs to provide the authority for temporary resources for the period May 2018 to December 2020 necessary for project planning and preparation, with the cost of $3,630,985 in 2018, and the annualization cost of $3,499,622 in 2019, to be fully recovered from Metrolinx:
 

a.  Legal Services: $627,381 gross and $0 net and 5.5 positions;
 

b.  City Planning: $156,920 gross and $0 net and 1.5 positions;
 

c.  Transportation Services: $657,084 gross and $0 net and 6.5 positions;
 

d.  Toronto Water: $299,676 gross and $0 net and 2.5 positions;
 

e.  Parks, Forestry and Recreation: $92,092 gross and $0 net and 1.0 position;
 

f.  Toronto Building: $119,865 gross and $0 net and 1.0 position;
 

g.  Fire Services: $149,404 gross and $0 net and 1.0 position;
 

h.  Toronto Paramedic Services: $55,463 gross and $0 net and 0.5 position;
 

i.  Engineering and Construction Services: $487,130 gross and $0 net and 4.5 positions;
 

j.  Real Estate Services (within Facilities, Real Estate, Environment and Energy): $327,782 gross and $0 net and 3.0 positions; and
 

k.  Major Capital Infrastructure Coordination Office (within Policy, Planning, Finance and Administration): $658,188 gross and $0 net and 5.0 positions.
 

17.  City Council increase the 2018 Approved Operating Budgets and complement for the following City Programs to provide the authority for temporary resources for the period May 2018 to December 2020 necessary for project planning and preparation, with the cost of $1,318,931 in 2018, and the annualization cost of $1,294,610 in 2019, to be fully recovered from the SmartTrack Capital Project:
 

a.  Legal Services: $247,314 gross and $0 net and 3.5 positions;
 

b.  City Planning: $289,896 gross and $0 net and 4.5 positions;
 

c.  Transportation Services: $168,627 gross and $0 net and 2.5 positions;
 

d.  Toronto Water: $38,059 gross and $0 net and 0.5 position;
 

e.  Parks, Forestry and Recreation: $58,479 gross and $0 net and 1.0 position;
 

f.  Fire Services: $94,871 gross and $0 net and 1.0 position;
 

g.  Toronto Paramedic Services: $35,219 gross and $0 net and 0.5 position;
 

h.  Engineering and Construction Services: $157,092 gross and $0 net and 2.5 positions;
 

i.  Real Estate Services (within Facilities, Real Estate, Environment and Energy): $59,611 gross and $0 net and 1.0 position; and
 

j.  Major Capital Infrastructure Coordination Office (within Policy, Planning, Finance and Administration): $169,763 gross and $0 net and 2.0 positions.
 

Funding and Financing

 

18. City Council:
 

a.  amend the 2018-2027 Council-approved Capital Budget and Plan estimates for the SmartTrack capital projects by approving Total Project Costs of $1,195 million for Base Station Infrastructure, $268 million for City-Initiated Station Requirements, and $6.9 million for capital positions dedicated to the SmartTrack capital project, as provided for in Recommendations 2, 3 and 15.b. above, comprising cash flow funding commitments of $1.3 million in 2018, $2.8 million in 2019, $2.8 million in 2020, and $1,463 million in 2025;
 

b.  endorse the capital funding and financing strategy for the SmartTrack Stations Program described in Attachment 2 to the report (April 10, 2018) from the Interim City Manager, the Interim Chief Financial Officer, the Deputy City Manager, Internal Corporate Services and the Interim Deputy City Manager, Cluster B, consisting of debt financed capital contributions, the majority of which are anticipated in 2025, with the associated debt service payments funded from a combination of accumulated and future municipal tax increment from new development, development charges, and City Building Fund allocations;
 

c.  authorize the creation of a Reserve Fund entitled the "SmartTrack Funding Reserve Fund" for the purpose of receiving and expending funds in accordance with the SmartTrack Stations Program funding and financing strategy, with the criteria described in Appendix 1 to Attachment 2 to the report (April 10, 2018) from the Interim City Manager, the Interim Chief Financial Officer, the Deputy City Manager, Internal Corporate Services and the Interim Deputy City Manager, Cluster B;
 

d.  adopt the SmartTrack Stations Program Tax Increment Financing Zones shown in Table 2 of Attachment 2 to the report (April 10, 2018) from the Interim City Manager, the Interim Chief Financial Officer, the Deputy City Manager, Internal Corporate Services and the Interim Deputy City Manager, Cluster B and identified in the Strategic Regional Research Alliance (SRRA) report entitled, "Commercial & Multi-Residential Forecasts for the Review of SmartTrack", dated January 2016, for the purpose of segregating municipal tax revenue arising from commercial and residential assessment growth in these Zones to facilitate the SmartTrack Stations Program funding and financing strategy;
 

e.  direct the Interim Chief Financial Officer to include in annual budget submissions of an allocation of fifteen percent (15%) of all incremental municipal tax revenue arising from commercial and residential assessment growth in the Tax Increment Financing Zones identified in Recommendation 18.d. above to the "SmartTrack Funding Reserve Fund", net of any Imagination, Manufacturing, Innovation and Technology (IMIT) Grants attributable to this assessment growth, commencing in 2019 and continued for a period of 25 years ending in 2043; and
 

f.  authorize the phasing out of Imagination, Manufacturing, Innovation and Technology (IMIT) Grants over a 10-year period in the Queen/Carlaw (East Harbour SmartTrack Station) and Liberty (King-Liberty SmartTrack Station) Tax Increment Financing Zones identified in Recommendation 18.d. above for eligible applicants who obtain building permits between 2019 and 2028, in accordance with the following Table, and as described in greater detail in Table 5 of Attachment 2 to the report (April 10, 2018) from the Interim City Manager, the Interim Chief Financial Officer, the Deputy City Manager, Internal Corporate Services and the Interim Deputy City Manager, Cluster B, and that any new Community Improvement Plan that defines the Imagination, Manufacturing, Innovation and Technology program be amended accordingly:

 

Above-Grade Building Permit Issued

Total Value of Imagination, Manufacturing, Innovation and Technology Grant over 10 Years

2020

56 percent

2021

51 percent

2022

47 percent

2023

42 percent

2024

38 percent

2025

33 percent

2026

29 percent

2027

24 percent

2028

20 percent

Thereafter

0 percent

  

General

 

19.  City Council authorize the Interim City Manager or designate to negotiate, approve and execute any agreements or documents between the City, Metrolinx and any other parties as may be required, desirable or necessary, in relation to the implementation of this report, all on such terms and conditions as are set out herein, and as are satisfactory to the Interim City Manager, in consultation with the Interim Chief Financial Officer and any other relevant official, and in a form acceptable to the City Solicitor.

 

20.  City Council direct the Acting Deputy City Manager, Cluster B to report to Executive Committee in the first quarter of 2019 on Metrolinx's further consideration of additional grade separations on the Stouffville and Barrie GO corridors, in the context of a future staff report on City infrastructure implications of the GO Regional Express Rail program

Decision Advice and Other Information

The Interim City Manager and the Interim Chief Financial Officer gave a presentation on Implementation of the SmartTrack Stations Program and the Metrolinx Regional Express Rail Program.

Origin

(April 10, 2018) Report from the Interim City Manager, the Interim Chief Financial Officer, the Deputy City Manager, Internal Corporate Services and the Interim Deputy City Manager, Cluster B

Summary

This report addresses interrelated programs of work that will transform mobility choices within Toronto and the region - the City's SmartTrack Stations Program, and Metrolinx's Regional Express Rail (RER) Program, including the Union Station Enhancement Project (USEP).

 

SmartTrack Stations Program

 

The SmartTrack Stations Program includes six new SmartTrack stations on the Kitchener GO and Stouffville/Lakeshore East GO corridors, and is further defined in Attachment 1 of this report. The SmartTrack Stations Program will provide access to a service level of 6-10 minute peak frequencies at the six new stations and eight existing stations on the Kitchener GO and Stouffville/Lakeshore East GO corridors.

 

Since 2015, the City of Toronto, Metrolinx, Ministry of Transportation (MTO) and the Toronto Transit Commission (TTC) have advanced the planning and design of SmartTrack, including business case analysis, establishing principles for cost-sharing, and developing the station design concepts in order to proceed to the Transit Project Assessment Process (TPAP). The business case analysis to date has concluded that the SmartTrack Stations Program demonstrates a positive benefit-cost ratio. East Harbour and King-Liberty benefit from their proximity to current or proposed major employment nodes, supporting population and employment growth; and Finch-Kennedy, Gerrard-Carlaw, Lawrence-Kennedy and St. Clair-Old Weston stations are expected to attract boardings from nearby residential areas and provide overall transportation user benefits.

 

In November 2016, the parties agreed to a Summary Term Sheet that established a Stage Gate Process for phased decision-making on the project. The SmartTrack Stations Program is now at Stage Gate 5, which seeks City Council approval to commit to funding the project. Per the Stage Gate Process, the City and Province agreed to address a series of conditions to the satisfaction of both parties. The report outlines how each condition has been addressed, and recommends City Council confirm the Stage Gate 5 conditions have been satisfied.

 

The report recommends City Council commit to a capped funding amount of up to $1,195 million (year of expenditure dollars) for the Base Station Infrastructure. Per City Council direction and in the interest of coordinated planning and construction, the station designs include additional infrastructure required to support station access and connectivity in Toronto's urban context. It is recommended City Council also contribute up to $268 million (year of expenditure dollars) for City-Initiated Station Requirements to be procured with the SmartTrack Stations Program. The City's funding contribution is subject to the terms and conditions outlined in Attachment 1 of the report, which provide terms related to governance, service concept, real estate and procurement, and other matters. Key highlights include:

 

- The City's financial obligation to the SmartTrack Stations Program is capped to the capital costs of the six new stations;


- A service concept as described above is to be provided; and


- The Province of Ontario in the 2018 Budget has announced new fare initiatives for GO Transit which further unlocks the benefits of Regional Express Rail and SmartTrack.

 

The City with Metrolinx is also committed to develop a joint framework for pursuing transit-oriented development opportunities in relation to both SmartTrack and Regional Express Rail. Attachment 1 provides further direction on the project and establishes key terms for the development of an implementation agreement.

 

To facilitate coordinated capital planning and construction, this report also identifies two other categories of infrastructure; Additional City Infrastructure and Unidentified Works. Additional City Infrastructure (i.e., the St. Clair Transportation Master Plan) is recommended to be included in the procurement package as an optional or provisional item that will be separately priced for the City's consideration. Coordination with the SmartTrack Stations Program minimizes construction disruption, and reduces interface risks arising from constructor conflicts if procured separately. Building on the lessons learned from the Toronto Light Rail Transit Program, the report also recommends delegating authority to staff to identify other opportunities to replace or upgrade City infrastructure (the "Unidentified Works"), that the City may wish to request Metrolinx to procure and construct as part of the Program (e.g., water and wastewater assets, etc.).

 

Regional Express Rail

 
Metrolinx's Regional Express Rail (RER) is a transformational program to provide increased service on core portions of the GO Rail network by 2024/25, and represents a $13.5 billion (2014$) investment by the Province of Ontario. The Program will see an increase in GO service from 1,500 to 6,000 trains per week, providing more opportunities for travel in and around the city and region. Regional Express Rail includes electrification of five GO corridors, enhancements to Union Station, grade separations, new stations and upgrades to existing stations.

 

As described in previous reports to City Council, the Regional Express Rail Program will require continued and ongoing collaboration between the City of Toronto and Metrolinx. City staff are also working to develop principles and agreement(s) that will govern how the City and Metrolinx will continue to work together on Regional Express Rail. To facilitate tight procurement timelines for Regional Express Rail, this report recommends delegating authority to the Deputy City Manager, Internal Corporate Services and the Director, Real Estate Services to approve the disposal to Metrolinx of certain City property, for nominal consideration (the "Regional Express Rail Excess City Lands") based on specific criteria, including that the lands are not required for current or future City purposes. Further due diligence by City staff is required to assess whether the properties requested by Metrolinx would qualify as "Regional Express Rail Excess City Lands".

 

Union Station Enhancement Project

 

Metrolinx's Union Station Enhancement Project (USEP) is part of a program of planned improvements at Union Station that are required to support planned rail service increases. Union Station Enhancement Project is the first phase of multiple projects that are needed to expand rail capacity to offer a fast, frequent and reliable electric rail service. Maximum flexibility of Union Station track and platforms is required for planned service and ridership levels. The project includes the addition of a south platform and new concourse below track level to the Union Station building. Union Station Enhancement Project is south of Union Station and is separate and distinct from the current work underway as part of Union Station Revitalization Project (USRP) at the York and Bay concourse, which has been reported on several times in previous years. The recommendations set out in this this report enable the City to work with Metrolinx (and Infrastructure Ontario, as necessary) to advance this important project while ensuring the City's assets and interests are represented.

 

Recognizing that Regional Express Rail will create significant demand on Union Station's access points and pedestrian routes, there is a need to re-initiate discussions with Metrolinx to complete the Northwest PATH (NW PATH) connection to the York GO Concourse to ensure efficient flow of passengers in and out of Union Station. An Environmental Assessment for the construction of the Northwest PATH was completed in 2008, with Phase 1 officially open to the public in 2015. Given the need to complete Phase 2 of the Northwest PATH to accommodate increased passenger flows resulting from Regional Express Rail, this report seeks City Council approval to negotiate terms of agreements with Metrolinx for Union Station Enhancement Project related to the Northwest PATH and cost-sharing obligations, among other issues.

 

Implementation Considerations

 

This report presents 19 recommendations required to advance interrelated programs of work that will transform the heavy rail network for Toronto and the region. The scope and scale of transit infrastructure investment by all three orders of government in the next decade and beyond is unprecedented and requires the City to reconsider its internal organizational structure with respect to transit expansion planning, procurement, delivery and capital coordination. The City Manager in consultation with the Chief Executive Officer, Toronto Transit Commission will obtain a third-party consultant to provide advice on an appropriate organizational model to effectively manage the transit expansion portfolio. In the interim, this report recommends 52 new positions that have been identified in respect of SmartTrack (20) and Regional Express Rail (32), to be charged back to those projects, with an agreement in place to recover the costs of the Regional Express Rail positions from Metrolinx. Resource requirements will be reviewed annually in accordance with the work program and schedule.

Background Information

(April 17, 2018) Presentation from the Interim City Manager and the Interim Chief Financial Officer on Implementation of the SmartTrack Stations Program and the Metrolinx Regional Express Rail Program
https://www.toronto.ca/legdocs/mmis/2018/ex/bgrd/backgroundfile-114181.pdf
(April 10, 2018) Report from the Interim City Manager, the Interim Chief Financial Officer, the Deputy City Manager, Internal Corporate Services and the Interim Deputy City Manager, Cluster B on Implementation of the SmartTrack Stations Program and the Metrolinx Regional Express Rail Program
https://www.toronto.ca/legdocs/mmis/2018/ex/bgrd/backgroundfile-113811.pdf
Attachment 1 - SmartTrack Stations Program -Terms and Conditions
https://www.toronto.ca/legdocs/mmis/2018/ex/bgrd/backgroundfile-113940.pdf
Attachment 2 - SmartTrack Stations Program Funding and Financing Strategy
https://www.toronto.ca/legdocs/mmis/2018/ex/bgrd/backgroundfile-113941.pdf
Attachment 3 - New SmartTrack/Go RER Stations - Technical and Planning Update
https://www.toronto.ca/legdocs/mmis/2018/ex/bgrd/backgroundfile-113932.pdf
Attachment 4 - St. Clair Transportation Master Plan
https://www.toronto.ca/legdocs/mmis/2018/ex/bgrd/backgroundfile-113933.pdf
Attachment 5 - Regional Express Rail - Enabling Works Update
https://www.toronto.ca/legdocs/mmis/2018/ex/bgrd/backgroundfile-113934.pdf
Attachment 6 - Union Station Enhancement Project - Phase 1 Request for Proposal Renderings
https://www.toronto.ca/legdocs/mmis/2018/ex/bgrd/backgroundfile-113935.pdf

Communications

(April 14, 2018) E-mail from David Crawford (EX.Supp.EX33.1.1)
(April 16, 2018) E-mail from Hamish Wilson (EX.Supp.EX33.1.2)
(April 16, 2018) E-mail from Moya Beall (EX.Supp.EX33.1.3)
(April 17, 2018) Submission from Scott Dobson, Friends of West Toronto Railpath (EX.New.EX33.1.4)
https://www.toronto.ca/legdocs/mmis/2018/ex/comm/communicationfile-79618.pdf
(April 17, 2018) Submission from Kiet Ngo, Director of Development and Acquisitions, First Capital (EX.New.EX33.1.5)
https://www.toronto.ca/legdocs/mmis/2018/ex/comm/communicationfile-79619.pdf
(April 17, 2018) Submission from Lasantha Jayatilaka (EX.New.EX33.1.6)
(April 17, 2018) Submission from Brenda Thompson, Scarborough Transit Action (EX.New.EX33.1.7)

Speakers

Raymond Shen
Scott Dobson, Friends of West Toronto Railpath
David Gerofsky, Chief Executive Officer, First Gulf
Mike Yorke, Carpenters Union
Todd Hofley, Liberty Village Residents' Association
Kiet Ngo, Director, First Capital Realty
Hamish Wilson
Anil Lewis, Scarborough Transit Action
Allan McCartney, Scarborough Transit Action
Brenda Thompson, Scarborough Transit Action
Leonie Thelwell, Scarborough Transit Action
Jamaal Myers, Scarborough Transit Action
Cheryl Lews-Thurab, Scarborough Transit Action
Emily Daigle
Councillor Mike Layton
Councillor Janet Davis
Councillor Paula Fletcher
Councillor Chin Lee

Motions

1 - Motion to Amend Item (Additional) moved by Councillor Michael Thompson (Carried)

That City Council direct the Acting Deputy City Manager, Cluster B to report to Executive Committee in the first quarter of 2019 on Metrolinx's further consideration of additional grade separations on the Stouffville and Barrie GO corridors, in the context of a future staff report on City infrastructure implications of the GO RER program.


2 - Motion to Adopt Item as Amended moved by Mayor John Tory (Carried)

Vote (Adopt Item as Amended) Apr-17-2018

Result: Carried Majority Required
Total members that voted Yes: 10 Members that voted Yes are Paul Ainslie, Ana Bail„o, Jon Burnside, Gary Crawford, Frank Di Giorgio, Mary-Margaret McMahon, Denzil Minnan-Wong, Cesar Palacio, Michael Thompson, John Tory (Chair)
Total members that voted No: 0 Members that voted No are
Total members that were Absent: 3 Members that were absent are James Pasternak, Jaye Robinson, David Shiner
Source: Toronto City Clerk at www.toronto.ca/council