Item - 2021.MM32.5

Tracking Status

MM32.5 - Call to Publicly Release the Signed 350 page 200-year Lease Agreement Between the City of Toronto and Oxford Properties, for the Redevelopment of the Canada Square Lands at 2200 Yonge Street - by Councillor Mike Colle, seconded by Councillor Jaye Robinson

Decision Type:
ACTION
Status:
Adopted
Wards:
All

City Council Decision

City Council on May 5 and 6, 2021, adopted the following:

 

1.  City Council request the City Manager, in consultation with the appropriate City Officials, to make the signed agreement with Oxford Properties regarding the Canada Square lands, located at 2200 Yonge Street, and all related documents available to the public immediately, to support a full and transparent process of disclosure of the future development of this vital public asset, and City Council refer the development application at this site to the Planning and Housing Committee for review.

 

May 18, 2021:

 

The Executive Director, Corporate Real Estate Management has provided the following documents for public release. They can be accessed under Background Information (City Council):

 

1. Canada Square Consolidated Ground Lease Summary

2. Consolidated Amended and Restated Lease

3. Commencement Agreement

4. Toronto Transit Commission Development Lands Lease

City Council Decision Advice and Other Information

City Council considered Items TE24.96 and MM32.5 together.

Background Information (City Council)

Member Motion MM32.5
https://www.toronto.ca/legdocs/mmis/2021/mm/bgrd/backgroundfile-166305.pdf
Attachment - Letter from Sheila Harrison, Secretary, South Armour Heights Residents' Association (SAHRA)
https://www.toronto.ca/legdocs/mmis/2021/mm/bgrd/backgroundfile-166369.pdf
Attachment - Letter from Tom Cohen, Chair, Eglinton Park Residents' Association (EPRA)
https://www.toronto.ca/legdocs/mmis/2021/mm/bgrd/backgroundfile-166334.pdf
Attachment - Letter from John Caliendo, Co-Chair and Ian Carmichael, Co-Chair, Avenue Bay Cottingham Residents' Association (ABCRA)
https://www.toronto.ca/legdocs/mmis/2021/mm/bgrd/backgroundfile-166336.pdf
Attachment - Letter from Geri Berholz, President, Republic Residents’ Association, Tom Cohen, President, Eglinton Park Residents’ Association (EPRA) Andy Gort, President, South Eglinton Ratepayers’ and Residents’ Association (SERRA) David McMahon, President, Oriole Park Association (OPA) Melissa Phillips, Berwick Condominium Corporation and David Ticoll, President, Quantum Owners and Residents Association (QuORA)
https://www.toronto.ca/legdocs/mmis/2021/mm/bgrd/backgroundfile-166337.pdf
Attachment - Letter from Geri Berholz, President, Republic Residents’ Association, Tom Cohen, President, Eglinton Park Residents’ Association (EPRA), Andy Gort, President, South Eglinton Ratepayers’ and Residents’ Association (SERRA), Ann King, Chair, Community Liaison, Stanley Knowles Housing Co-operative, David McMahon, President, Oriole Park Association. (OPA), Melissa Phillips, Berwick Condominium Corporation and David Ticoll, President Quantum Owners and Residents Association (QuORA)
https://www.toronto.ca/legdocs/mmis/2021/mm/bgrd/backgroundfile-166371.pdf
Attachment - Letter from Tom Cohen, Eglinton Park Residents Association, David McMahon, Oriole Park Association, David Ticoll, Quantum Owners and Residents Association, Geri Berholz, Republic Residents Association, Andy Gort, South Eglinton Ratepayers’ and Residents’ Association and Melissa Phillips, Berwick Condominium Corporation
https://www.toronto.ca/legdocs/mmis/2021/mm/bgrd/backgroundfile-166339.pdf
2018.EX33.7 - Confidential Attachment 1 to Appendix B to the report (April 9, 2018) from the Deputy City Manager, Internal Corporate Services and the Chief Executive Officer, Toronto Transit Commission, as amended - made public on May 5, 2021
https://www.toronto.ca/legdocs/mmis/2021/mm/bgrd/backgroundfile-166645.pdf
2018.EX33.7 - Confidential Attachment 1 to the supplementary report (April 24, 2018) from the Deputy City Manager, Internal Corporate Services - made public on May 5, 2021
https://www.toronto.ca/legdocs/mmis/2021/mm/bgrd/backgroundfile-166647.pdf
Canada Square Consolidated Ground Lease Summary - made public on May 18, 2021
https://www.toronto.ca/legdocs/mmis/2021/mm/bgrd/backgroundfile-167010.pdf
Consolidated Amended and Restated Lease - made public on May 18, 2021
https://www.toronto.ca/legdocs/mmis/2021/mm/bgrd/backgroundfile-167011.pdf
Commencement Agreement - made public on May 18, 2021
https://www.toronto.ca/legdocs/mmis/2021/mm/bgrd/backgroundfile-167012.pdf
Toronto Transit Commission Development Lands Lease - made public on May 18, 2021
https://www.toronto.ca/legdocs/mmis/2021/mm/bgrd/backgroundfile-167013.pdf

Communications (City Council)

(May 1, 2021) Letter from Geoff Kettel and Cathie MacDonald, Co-Chairs, Federation of North York Residents' Association (MM.Supp)
https://www.toronto.ca/legdocs/mmis/2021/mm/comm/communicationfile-131266.pdf
(May 2, 2021) Letter from Sheila Harrison, Secretary, South Armour Heights Residents' Association (MM.Supp)
https://www.toronto.ca/legdocs/mmis/2021/mm/comm/communicationfile-131243.pdf
(May 2, 2021) Letter from Maureen Kapral, Vice President, Lytton Park Residents' Organization Inc. (MM.Supp)
https://www.toronto.ca/legdocs/mmis/2021/mm/comm/communicationfile-131270.pdf
(May 4, 2021) Letter from Andy Gort, President, South Eglinton Ratepayers’ and Residents’ Association (MM.New)
https://www.toronto.ca/legdocs/mmis/2021/mm/comm/communicationfile-131381.pdf

Motions (City Council)

Motion to Waive Referral (Carried)

Speaker Nunziata advised Council that the provisions of Chapter 27, Council Procedures, require that Motion MM32.5 be referred to the Executive Committee. A two-thirds vote of the Council Members present is required to waive referral.


Motion to Adopt Item (Carried)

Adoption of the following portion of Recommendation 1:

 

"City Council refer the development application at this site to the Planning and Housing Committee for review."

Vote (Adopt Item) May-06-2021 5:12 PM

Result: Carried Majority Required - MM32.5 - Adoption of a portion of Recommendation 1
Total members that voted Yes: 13 Members that voted Yes are Ana Bailão, Brad Bradford, Shelley Carroll, Mike Colle, Stephen Holyday, Cynthia Lai, Nick Mantas, Jennifer McKelvie, Denzil Minnan-Wong, James Pasternak, Anthony Perruzza, Jaye Robinson, Kristyn Wong-Tam
Total members that voted No: 11 Members that voted No are Paul Ainslie, Gary Crawford, Joe Cressy, John Filion, Michael Ford, Mike Layton, Josh Matlow, Frances Nunziata (Chair), Gord Perks, Michael Thompson, John Tory
Total members that were Absent: 2 Members that were absent are Paula Fletcher, Mark Grimes

Motion to Adopt Item (Carried)

Adoption of the balance of Recommendation 1:

 

"1.  City Council request the City Manager, in consultation with the appropriate City Officials, to make the signed agreement with Oxford Properties regarding the Canada Square lands, located at 2200 Yonge Street, and all related documents available to the public immediately, to support a full and transparent process of disclosure of the future development of this vital public asset,"

Vote (Adopt Item) May-06-2021 5:13 PM

Result: Carried Majority Required - MM32.5 - Adoption of the balance of Recommendation 1
Total members that voted Yes: 23 Members that voted Yes are Ana Bailão, Brad Bradford, Shelley Carroll, Mike Colle, Gary Crawford, Joe Cressy, John Filion, Michael Ford, Stephen Holyday, Cynthia Lai, Mike Layton, Nick Mantas, Josh Matlow, Jennifer McKelvie, Denzil Minnan-Wong, Frances Nunziata (Chair), James Pasternak, Gord Perks, Anthony Perruzza, Jaye Robinson, Michael Thompson, John Tory, Kristyn Wong-Tam
Total members that voted No: 1 Members that voted No are Paul Ainslie
Total members that were Absent: 2 Members that were absent are Paula Fletcher, Mark Grimes

Point of Order by Councillor Gord Perks

Councillor Perks, on a Point of Order, stated that during questions of staff he was given advice by the City Solicitor that the rules that determine which Committee this matter goes to are set out in the Council Procedures and that to amend them requires prior notice and a two-thirds vote, and that the Speaker should rule the portion of MM32.5 which refers the matter to the Planning and Housing Committee out of order.

Ruling by Speaker Frances Nunziata
Speaker Nunziata accepted the Point of Order and ruled that she would consult with staff and advised that Councillor Perks could proceed with his speaking time.


Point of Order by Councillor Gord Perks

Councillor Perks, on a Point of Order, stated he needed to know the Speaker's ruling on the matter in order to proceed with his remarks.

Ruling by Speaker Frances Nunziata
Speaker Nunziata accepted the Point of Order and ruled that the Motion is saying this is of City-wide interest and that the matter should be referred to the Planning and Housing Committee, and is in order.


Point of Order by Councillor Josh Matlow

Councillor Matlow, on a Point of Order, stated that he would like to know if Recommendation 1 in MM32.5 could be split so that City Council could take separate votes on the direction to release the lease documents and on referring the matter to the Planning and Housing Committee.

Ruling by Speaker Frances Nunziata
Speaker Nunziata accepted the Point of Order and ruled that City Council could take separate votes on those two portions of Recommendation 1.

Source: Toronto City Clerk at www.toronto.ca/council