Minutes North York Community Council Meeting No. 16 Contact Francine Adamo, Committee Administrator Meeting Date Tuesday, June 10, 2008 Phone 416-395-7348 Start Time 9:30 AM E-mail [email protected] Location Council Chamber, North York Civic Centre Attendance Members of the North York Community Council were present for some or all of the time periods indicated under the section headed “Meeting Sessions”, which appears at the end of the Minutes. Councillor Maria Augimeri, Chair X Councillor Shelley Carroll X Councillor Mike Feldman Councillor John Filion X Councillor Cliff Jenkins X Councillor Denzil Minnan-Wong X Councillor Howard Moscoe X Councillor John Parker X Councillor Anthony Perruzza, Vice-Chair Councillor David Shiner X Councillor Karen Stintz X Regrets: Councillors Feldman and Perruzza. Councillor Augimeri in the Chair. Confirmation of minutes On motion by Councillor Moscoe, the minutes of the North York Community Council meeting held on May 6, 2008 were confirmed. 2 North York Community Council – June 10, 2008 Minutes NY16.1 ACTION Adopted Ward: 25 Draft By-law - To name the proposed private lanes & walkways at the retail commercial development at 939 Lawrence Avenue East, The Shops at Don Mills, as Karl Fraser Road, Leadley Lane, Pabst Lane, Sampson Mews, Maginn Mews, Aggie Hogg Gardens, Marie Labatte Road, Clock Tower Road, and O’Neill Road Statutory - City of Toronto Act, 2006 (May 22, 2008) Draft By-law from City Solicitor Recommendations That the North York Community Council enact the Draft By-law from the City Solicitor. Summary To name the proposed private lanes and walkways at the retail commercial development at 939 Lawrence Avenue East, The Shops at Don Mills, as “Karl Fraser Road”, “Leadley Lane”, “Pabst Lane”, “Sampson Mews”, “Maginn Mews”, “Aggie Hogg Gardens”, “Marie Labatte Road”, “Clock Tower Road” and “O’Neill Road”. Committee Recommendations On motion by Councillor Jenkins, North York Community Council recommended that City Council: 1. Enact the by-law from the City Solicitor to name one of the proposed private lanes and walkways at the retail commercial development at 939 Lawrence Avenue East, The Shops at Don Mills, as “Marie Labatte Road”. Decision Advice and Other Information The North York Community Council held a public meeting in accordance with the City of Toronto Act, 2006, and notice of the proposed enactment of the draft by-law was posted on the Public Notices Page of the City’s website in accordance with the requirements of the City of Toronto Municipal Code Chapter 162. No one appeared to address the North York Community Council on June 10, 2008. On motion by Councillor Jenkins, North York Community Council enacted the by-law from the City Solicitor to name the proposed private lanes and walkways at the retail commercial development at 939 Lawrence Avenue East, The Shops at Don Mills, as “Karl Fraser Road”, “Leadley Lane”, “Pabst Lane”, “Sampson Mews”, “Maginn Mews”, “Aggie Hogg Gardens”, “Clock Tower Road” and “O’Neill Road”. Motions Motion to Adopt Item moved by Councillor Cliff Jenkins (Carried) 3 North York Community Council – June 10, 2008 Minutes Links to Background Information Draft By-law -Naming of Private Lanes - Draft By-law (http://www.toronto.ca/legdocs/mmis/2008/ny/bgrd/backgroundfile-13128.pdf) Draft By-law -Naming of Private Lanes - Public Notice (http://www.toronto.ca/legdocs/mmis/2008/ny/bgrd/backgroundfile-13129.pdf) NY16.2 ACTION Adopted Delegated Ward: 25 Encroachment Agreement Request - 8 Ridgefield Road (May 14, 2008) Report from District Manager, Municipal Licensing and Standards, North York District Recommendations Municipal Licensing and Standards recommend that the Encroachment application be approved, subject to the following conditions: 1. That the owner(s) remove the natural stone curb to the satisfaction of Transportation Services, North York District. 2. That the owner(s) remove the sprinkler heads back 2.13 metres from the road, to the satisfaction of Transportation Services, North York District. As well, the owner(s) not encumber the fire hydrant. 3. That the owner(s) enter into an Encroachment Agreement with the City, to the satisfaction of the City Solicitor and the Executive Director of Municipal Licensing and Standards. 4. That the appropriate City Officials be authorized to take the necessary action to give effect thereto. 5. That no claims will be made against the City by the owner(s) for damages occurring to the area of the encroachment or its elements during snow removal. 6. That the life of the Agreement be limited to 10 years from the date of registration on title or to the date of removal of the encroachment at which time, the City may consider the Agreement for further extension, if requested by the applicant. 7. The indemnification to the City by the owner(s) of the encroachment for all liability relating in any way to the encroachment and providing of an insurance policy for such liability for the lifetime of the Agreement in a form as approved by the City Solicitor, in an amount no less than $2,000,000.00 or such greater amount as the City Solicitor may require. 4 North York Community Council – June 10, 2008 Minutes 8. In the event of sale or transfer of the property abutting the encroachment, Legal Services be authorized to extend the Encroachment Agreement to the new owner, subject to the approval of the Executive Director of Municipal Licensing and Standards. 9. The owner(s) pay the following fees: a. Application Fee of $456.32 (paid); b. Legal Administration Cost and Registration on Title, plus disbursements, including G.S.T.; and c. One-time fee of $441.25 plus G.S.T., totalling $463.31. Financial Impact There is no financial impact anticipated resulting from the adoption of this report. Summary This Staff Report is about a matter that the Community Council has delegated authority to make a final decision, provided that it is not amended so that it varies with City policy or by- laws. The purpose of this report is to consider a request by the owner(s) of 8 Ridgefield Road, being a one-family detached dwelling third density zone (R3) for an encroachment agreement. The existing encroachment consists of trees, stone banding, stepping-stones, brick retaining wall, natural stone curb, shrubs, gardens, sprinkler heads and lights located on the City road allowance. Speakers Maureen Sedran, Mark Hartley Landscape Architect, on behalf of the applicant Committee Decision On motion by Councillor Jenkins, North York Community Council: 1. Approved the Encroachment application, subject to the following conditions: a. that the owner remove the natural stone curb to the satisfaction of Transportation Services, North York District; b. that the owner remove the sprinkler heads back 2.13 metres from the road, to the satisfaction of Transportation Services, North York District. As well, the owner not encumber the fire hydrant; c. that the owner enter into an Encroachment Agreement with the City, to the satisfaction of the City Solicitor and the Executive Director of Municipal Licensing and Standards; 5 North York Community Council – June 10, 2008 Minutes d. that the appropriate City Officials be authorized to take the necessary action to give effect thereto; e. that no claims will be made against the City by the owner for damages occurring to the area of the encroachment or its elements during snow removal; f. that the life of the Agreement be limited to 10 years from the date of registration on title or to the date of removal of the encroachment at which time, the City may consider the Agreement for further extension, if requested by the applicant; g. the indemnification to the City by the owner of the encroachment for all liability relating in any way to the encroachment and providing of an insurance policy for such liability for the lifetime of the Agreement in a form as approved by the City Solicitor, in an amount no less than $2,000,000.00 or such greater amount as the City Solicitor may require; h. in the event of sale or transfer of the property abutting the encroachment, Legal Services be authorized to extend the Encroachment Agreement to the new owner, subject to the approval of the Executive Director of Municipal Licensing and Standards; and i. the owner pay the following fees: i. Application Fee of $456.32 (paid); ii. Legal Administration Cost and Registration on Title, plus disbursements, including G.S.T.; and iii. One-time fee of $441.25 plus G.S.T., totaling $463.31. Motions Motion to Adopt Item (staff recommendations) moved by Councillor Cliff Jenkins (Carried) Links to Background Information Encroachment Agreement Request - 8 Ridgefield Road - Staff Report (http://www.toronto.ca/legdocs/mmis/2008/ny/bgrd/backgroundfile-13122.pdf) NY16.3 ACTION Adopted Delegated Ward: 25 Encroachment Agreement Request - 37 Talwood Drive (May 15, 2008) Report from District Manager, Municipal Licensing and Standards, North York District 6 North York Community Council – June 10, 2008 Minutes Recommendations Municipal Licensing and Standards recommend that the Encroachment application be approved, subject to the following conditions: 1. That the owner(s) enter into an Encroachment Agreement with the City, to the satisfaction of the City Solicitor and the Executive Director of Municipal Licensing and Standards. 2. That the appropriate City Officials be authorized to take the necessary action to give effect thereto. 3. That no claims will be made against the City by the owner(s) for damages occurring to the area of the encroachment or its elements during snow removal. 4. That the life of the Agreement be limited to 10 years from the date of registration on title or to the date of removal of the encroachment at which time, the City may consider the Agreement for further extension, if requested by the applicant.