CITY CLERK Consolidated Clause in Report 7, which was considered by City Council on July 19, 20, 21 and 26, 2005. 51 Authority for the City to Receive Donations of Cash for the Planning, Design and Development of a BMX Bicycle Racetrack Facility at Marilyn Bell Park (Ward 14 - Parkdale-High Park) City Council on July 19, 20, 21 and 26, 2005, amended this Clause by: (1) adding to the end of Recommendation (2) contained in the report (June 27, 2005) from the General Manager, Parks, Forestry and Recreation and the Deputy City Manager and Chief Financial Officer, as amended by the Economic Development and Parks Committee, the words and at the end of 3 years, the project be reviewed, so that Recommendation (2) now reads: (2) City Council establish an obligatory reserve fund called the Marilyn Bell Park BMX Racetrack and Extreme Sports Facility Reserve Fund, the purpose of which is to receive donations for the BMX Racetrack and Extreme Sports Facility at Marilyn Bell Park, to fund the planning, design and development of the Marilyn Bell Park BMX Racetrack and Extreme Sports Facility, and at the end of 3 years, the project be reviewed. ; and (2) adding the following: That Council adopt the following staff Recommendations (1) and (2) contained in the Recommendations Section of the supplementary report (July 19, 2005) from the General Manager, Parks, Forestry and Recreation: It is recommended that: (1) the conceptual layout for the proposed BMX Racecourse, BMX Freestyle Area and the Skateboard Park be subject to consultation, review and input of the community, park users, and other stakeholders including the Toronto Waterfront Revitalization Corporation; and (2) the proponent (Michael Heaton) be requested to prepare more detailed conceptual plans based on these public consultations. This Clause, as amended, was adopted by City Council. Council also considered additional material, which is noted at the end of this Clause.
2 The recommends that City Council adopt the recommendations of the Economic Development and Parks Committee contained in the communication (July 5, 2005) from the Committee. Action taken by the Committee: The requested the General Manager, Parks, Forestry and Recreation to report directly to Council for its meeting scheduled to be held on July 19, 2005, providing the specifics on the location of the BMX bicycle racetrack facility at Marilyn Bell Park. The submits the communication (July 5, 2005) from the Economic Development and Parks Committee: Recommendations: The Economic Development and Parks Committee recommended to the Policy and Finance Committee that City Council adopt the staff recommendations in the Recommendations Section of the report (June 27, 2005) from the General Manager, Parks, Forestry and Recreation and the Deputy City Manager and Chief Financial Officer, subject to: (a) amending Recommendation (1) by inserting the words and extreme sports after BMX and before facility, so that Recommendation (1) now reads: (1) authority be given to Michael Heaton on behalf of the City of Toronto, to seek private donations for development of the BMX and extreme sports facility at Marilyn Bell Park; ; (b) amending Recommendation (2) by inserting the words and extreme sports facility between the words Racetrack and Reserve ; and after Racetrack in lines 2 and 4, so that Recommendation (2) now reads: (2) City Council establish an obligatory reserve fund called the Marilyn Bell Park BMX Racetrack and Extreme Sports Facility Reserve Fund the purpose of which is to receive donations for the BMX Racetrack and Extreme Sports Facility at Marilyn Bell Park, to fund the planning, design and development of the Marilyn Bell Park BMX Racetrack and Extreme Sports Facility; ; (c) amending Recommendation (3) by inserting the words and Extreme Sports Facility between Racetrack and Reserve, so that Recommendation (3) now reads: (3) Municipal Code Chapter 227, Reserves and Reserve funds, be amended by adding the Marilyn Bell Park BMX Racetrack and Extreme Sports Facility Reserve Fund to Schedule 9, Donations Funds; ; (d) amending Recommendation (4) by inserting the words and Extreme Sports Facility after Racetrack in lines 1 and 2, so that Recommendation (4) now reads:
3 (4) all donations received for the Marilyn Bell Park BMX Racetrack and Extreme Sports Facility development, by the City of Toronto, will be held separately in the Marilyn Bell Park BMX Racetrack and Extreme Sports Facility Reserve Fund designated for this purpose, and receipts for income tax purposes will be issued to donors in accordance with the Income Tax Act; ; (e) adding the following Recommendations: Background: (7) staff of Parks, Forestry and Recreation work with the Ward Councillor and Michael Heaton to design an eight lane dirt/clay BMX race course, 1,100 feet long and approximately 25 feet wide, with an automated starting gate, to be constructed at Marilyn Bell Park, such design to be completed by July 18, 2005; (8) construction of the course be commenced as soon as the design is complete and there are sufficient funds and/or in-kind donations are available to complete the required work; (9) staff of Parks, Forestry and Recreation work with Michael Heaton (whose services are given on a volunteer basis) and the Ward Councillor to plan and design additional community and sports facilities for Marilyn Bell Park, including a permanent skateboard park and a freestyle BMX facility, such design to be completed by the end of 2005; and (10) staff of Parks, Forestry and Recreation participate in community consultations as arranged by the Ward Councillor. The Economic Development and Parks Committee, on July 4, 2005, considered a report (June 27, 2005) from the General Manager, Parks, Forestry and Recreation and the Deputy City Manager and Chief Financial Officer, seeking authority to receive cash donations from Michael Heaton and other interested BMX advocates toward the planning, design, and development of an Olympic-sized BMX racecourse in Marilyn Bell Park; and issue receipts for income tax purposes for eligible donations in accordance with the Income Tax Act and City policy in this regard and requesting authorization for the establishment of a reserve fund to hold the cash donations. Recommendations: It is recommended that: (1) authority be given to Michael Heaton on behalf of the City of Toronto, to seek private donations for development of the BMX facility at Marilyn Bell Park; (2) City Council establish an obligatory reserve fund called the Marilyn Bell Park BMX Racetrack Reserve Fund the purpose of which is to receive donations for the BMX Racetrack at Marilyn Bell Park, to fund the planning, design and development of the Marilyn Bell Park BMX Racetrack;
4 (3) Municipal Code Chapter 227, Reserves and Reserve funds, be amended by adding the Marilyn Bell Park BMX Racetrack Reserve Fund to Schedule 9, Donations Funds; (4) all donations received for the Marilyn Bell Park BMX Racetrack development, by the City of Toronto, will be held separately in the Marilyn Bell Park BMX Racetrack Reserve Fund designated for this purpose, and receipts for income tax purposes will be issued to donors in accordance with the Income Tax Act; (5) this report be forwarded to the for consideration; and (6) the appropriate City officials be authorized and directed to take the necessary action to give effect thereto; and that leave be granted for the introduction of any necessary bills in Council to give effect thereto. Councillor Watson, Ward 14 - Parkdale-High Park, appeared before the Economic Development and Parks Committee. Purpose: (Report dated June 27, 2005 addressed to the Economic Development and Parks Committee from the General Manager, Parks, Forestry and Recreation and the Deputy City Manager and Chief Financial Officer) To allow the City to receive cash donations from Michael Heaton and other interested BMX advocates toward the planning, design, and development of an Olympic -sized BMX racecourse in Marilyn Bell Park; and issue receipts for income tax purposes for eligible donations in accordance with the Income Tax Act and City policy in this regard and to authorize the establishment of a reserve fund to hold the cash donations. Financial Implications and Impact Statement: This report recommends the creation of a Reserve Fund to support fundraising for the development of an Olympic-sized BMX Bicycle racecourse in Marilyn Bell Park. The fundraising target for this Reserve Fund is $200,000.00. It is anticipated that when the target is reached, or within three years, these funds will be applied to a new Parks, Forestry and Recreation capital project at this location. Annual costs to maintain this proposed facility once constructed are estimated to be approximately $15,000.00 per year for which there is no current operating budget provision. Recommendations: It is recommended that: (1) authority be given to Michael Heaton on behalf of the City of Toronto, to seek private donations for development of the BMX facility at Marilyn Bell Park;
5 (2) City Council establish an obligatory reserve fund called the Marilyn Bell Park BMX Racetrack Reserve Fund the purpose of which is to receive donations for the BMX Racetrack at Marilyn Bell Park, to fund the planning, design and development of the Marilyn Bell Park BMX Racetrack; (3) Municipal Code Chapter 227, Reserves and Reserve funds, be amended by adding the Marilyn Bell Park BMX Racetrack Reserve Fund to Schedule 9, Donations Funds; (4) all donations received for the Marilyn Bell Park BMX Racetrack development, by the City of Toronto, will be held separately in the Marilyn Bell Park BMX Racetrack Reserve Fund designated for this purpose, and receipts for income tax purposes will be issued to donors in accordance with the Income Tax Act; (5) this report be forwarded to the for consideration; and (6) the appropriate City officials be authorized and directed to take the necessary action to give effect thereto; and that leave be granted for the introduction of any necessary bills in Council to give effect thereto. Background: It is proposed that an eight-lane Dirt/Clay BMX racecourse with an automated starting gate, 1,100 feet long and 25 feet wide, be constructed in Marilyn Bell Park. The course would be open to the public for most of the time, and would be a suitable venue to host sanctioned races on occasion. The proposal would also consider the feasibility and suitability of future expansion of the facility in relation to other plans for Marilyn Bell Park such as the Watercourse Development and trail/promenade improvements that are currently funded and well underway; and the acceptability of any proposed expansion to other park users and stakeholders. There is strong support for this proposed BMX facility from the local Councillor, who has been in frequent contact with Michael Heaton, a local BMX advocate. Mr. Heaton has committed to working with his network of enthusiasts to raise the necessary funds to build the facility at no cost to the City; and to provide his advice and expertise to the City at no cost. The facility will respond to a growing demand for extreme sports facilities in parks which the Division has answered by constructing similar permanent facilities in other parks across the City (e.g., Cummer Skateboard Park). Our Division supports the local Councillor s proposal for us to work co-operatively with Mr. Heaton and his fellow BMX enthusiasts to build a state of the art BMX facility in her ward at no financial impact to the City. A design and cost estimate to build an Olympic-sized BMX racecourse in Marilyn Bell Park has not been completed. The estimated cost to build a facility to the recommended standards envisioned with this proposal, using specified soil mixtures comprised of 80 percent sand and 20 percent clay, could exceed $180,000.00, plus $20,000.00 associated site restoration costs. Although this report only seeks approval for the City to receive cash donations toward the planning, design, and development of an Olympic-sized BMX racecourse in Marilyn Bell Park, the design proposal would also consider the feasibility and suitability of future expansion of the facility. Included in this feasibility assessment would be considerations about the impact of the
6 proposed expansions in relation to other plans for Marilyn Bell Park such as the Watercourse Development and trail/promenade improvements that are currently funded and well underway; and the acceptability of any proposed expansion to other park users and stakeholders. Cost of these expansions would vary with the scope. We estimate that the cost to build add a Freestyle BMX facility to recommended standards would be $350,000.00. The cost to develop a Skate Park has not been determined, but it is expected that it will cost at least a similar amount. Additional fundraising efforts will need to be undertaken to finance any expansions of the Extreme Sports Facility beyond the proposed Olympic BMX track. Public consultations and feasibility studies would be conducted prior to undertaking any further fundraising initiatives towards these phased expansions and any other features such as washroom or change room facilities ($300,000.00), lighting ($150,000.00), fencing ($30,000.00) or any other amenities that may be recommended or requested by users of the facility. In consultation with Parks, Forestry and Recreation staff, a fundraising target for development of the Olympic sized BMX racetrack has been set $200,000.00. In support of the project, it is imperative that Mr. Heaton is able to commence the necessary fundraising initiatives as soon as possible. All donations received for the Marilyn Bell Park BMX Racetrack development, by the City of Toronto, will be held separately in the Marilyn Bell Park BMX Racetrack Reserve Fund designated for this purpose, and receipts for income tax purposes will be issued to donors in accordance with Section 110.0 and Section 118.1 of the Income Tax Act, which provides that donations to Canadian municipalities are tax deductible. All money raised for this initiative will be used for the development of the Marilyn Bell Park BMX facility and related site improvements. Should this funding benchmark not be met to the extent that it is determined that the construction of a viable BMX facility at Marilyn Bell Park is not possible, all contributions to the Reserve will be applied exclusively to the improvement of BMX facilities in other parks in the City. Similar successful fundraising initiatives have occurred in other neighbourhoods to raise funds for playground developments, including High Park, David A. Balfour Park, Hillcrest Community Recreation Centre, Eglinton Park, and Kew Gardens Playground. The Marilyn Bell Park BMX Racetrack Reserve fund will be the first time this type of initiative has been used towards the development of an Extreme Sports facility. Comments: Mr. Heaton and his network of BMX enthusiasts and the Parks, Forestry, and Recreation Division will work together in order to produce a conceptual design that would be presented for approval at a community meeting in 2006. Community and stakeholder support for the proposed facility will be a necessary step in achieving a viable concept for the proposal. Once a design has been approved, the construction schedule may be phased in depending on the amount of fundraising that is achieved. Mr. Heaton will be requested to participate in the community consultations about the proposed facility. This report seeks authority to establish an obligatory reserve fund, called the Marilyn Bell Park BMX Racetrack Reserve Fund in accordance with the following:
7 (a) Purpose: The Marilyn Bell Park BMX Racetrack Reserve Fund is established to receive donations for the Marilyn Bell Park BMX Racetrack to fund the planning, design, and development of the Marilyn Bell Park BMX Racetrack. (b) Service Area or Beneficiary of the Program: Parks, Forestry and Recreation shall have primary responsibility for the reserve fund. (c) Initial Contribution: There will be no initial contributions. (d) Contribution Policy: Funds will be deposited to the reserve account as they are received from the donors for the duration of the project. (e) Withdrawal Policy: Funds will be withdrawn to pay for the purchase and installation of all material required to construct the new BMX facility at the direction of the General Manager of Parks, Forestry, and Recreation. All funds collected will be withdrawn and directed towards the Marilyn Bell BMX Racetrack facility. If the funding benchmark is not met to the extent that construction of a viable BMX facility at Marilyn Bell Park is not possible, all contributions to the Reserve will be applied exclusively to the improvement of BMX facilities in other parks venues in consultation with Mr. Heaton and his network of BMX enthusiasts. Any recommendation to divert funds to another site will require a subsequent report to Council and an adopted recommendation. (f) Review Policy: The reserve fund will be reviewed in three years, and closed when the fund is depleted. (g) Fundraising Target: The fundraising target for the development of the BMX racetrack facility and Marilyn Bell Park is $200,000.00. We recommend that Mr. Heaton and his fellow BMX enthusiasts formally organize and register themselves as a charitable foundation for the purpose of this fundraising initiative. If deemed necessary to enter in to an agreement with Mr. Heaton, any other members of his network of BMX enthusiasts who will conduct fundraising activities associated with this proposal and/or a charitable foundation formed for this fundraising initiative, the agreement shall include, but not be limited to, such terms and conditions listed below.
8 All fundraising activities for the Marilyn Bell Park BMX Racetrack Project must receive prior written approval and authorization by the City. All literature or related information pertaining to the Marilyn Bell Park BMX Racetrack Project must be submitted to the City for approval prior to distribution and all fundraising activities shall comply with applicable City policies and practices regarding third-party fundraising. In the event that the City, acting reasonably, considers any fundraising activity or promotion to be inappropriate, or in the event that the City decides for any reason, at any time, to discontinue or not proceed with the Marilyn Bell Park BMX Racetrack Project, Mr. Heaton and his associates shall immediately cease all fundraising activities for the physical development of the Marilyn Bell Park BMX Racetrack Project or, in the case of inappropriate activities, such activities shall cease as the City shall specify. Mr. Heaton and his associates make no representation or warranty with respect to the dollar amount of the funds to be raised, but agree to work cooperatively with City staff on a best efforts basis, in order to maximize funds for specific portions of the Marilyn Bell Park BMX Racetrack Project. The City agrees to work cooperatively with Mr. Heaton, his fellow BMX enthusiasts and staff in good faith, and to provide written endorsements reasonably necessary to facilitate fundraising efforts of Mr. Heaton and his associates. All funds raised by Mr. Heaton and others towards the Marilyn Bell Park BMX Racetrack Project shall be forwarded to the City and held within the Marilyn Bell Park BMX Racetrack Reserve Fund and shall become property of the City. Use of the funds shall be as agreed upon by the parties and, in the event that the Marilyn Bell Park BMX Racetrack Project does not proceed, the parties, acting reasonably, shall agree upon the re-allocation or redistribution of any funds raised by Mr. Heaton and his associates in relation to projects similar in nature to the Marilyn Bell Park BMX Racetrack Project, or to be treated in accordance with any funding agreements which may be in place with third party donors. Mr. Heaton acknowledges that an agreement does not grant any exclusivity and the City may, in its sole discretion, accept, solicit or otherwise raise funds for the Marilyn Bell Park BMX Racetrack Project, as it deems appropriate. Subject to any legislative requirements, no confidential information acquired during the term of an agreement shall be disclosed in any manner whatsoever without the prior written approval of the City. Mr. Heaton and any other party to agreement with the City shall hold all confidential information obtained in trust and confidence for the City and shall not disclose any such information, by publication, or other means, to any person, company or other government agency not use the same for any other project other than for the benefit of the City as may be authorized by the City, in writing. Any request for such approval by the City shall specifically state the benefit to the City of the disclosure of confidential information and any use of the confidential information shall be limited to the express purposes set out in the approval by the City. Mr. Heaton or any other party to an agreement with the City shall not, at any time during or after the term of an agreement, use any confidential information for the benefit of anyone other than the City.
9 Conclusions: The purpose of this report is to seek permission for the City to support fundraising efforts toward a target of $200,000.00 to plan, design, and develop an Olympic-sized BMX racecourse in Marilyn Bell Park and to create a reserve fund for the City to hold the funds. The Parks, Forestry, and Recreation Division staff, in consultation with Mr. Michael Heaton and his network of BMX enthusiasts, will develop an Olympic-sized BMX Racetrack design proposal which will also consider possible expansion in the future. The project is contingent upon successful fundraising. All donations contributed towards this project will be used for the development of the proposed BMX facility, unless funding benchmarks are not met to the extent that its development is not feasible. In the event that funding benchmarks are not met to this extent, all contributions to the Reserve will be applied exclusively to the improvement of BMX facilities in other parks venues, in consultation with Mr. Heaton and his network of BMX enthusiasts. Contact: Bob Crump Acting Director of Parks, Forestry and Recreation South District Tel: 416-392-7252 Fax: 416-392-0845 E-mail: bcrump@toronto.ca Financial implications information provided by: N. Donald E. Altman Manager Corporate Financial Strategies Tel: 416-397-4220 Fax 416-397-4555 E-mail: daltman@toronto.ca Council also considered the following: City Council July 19, 20, 21 and 26, 2005 - Report (July 19, 2005) from the General Manager, Parks, Forestry and Recreation [Communication 35(a)]: Subject: Location for the proposed BMX Bicycle Racetrack facility at Marilyn Bell Park Ward 14 Parkdale-High Park Purpose: As requested by the at its meeting on July 7, 2005, this report provides specifics regarding the location of the proposed BMX bicycle racetrack facility at Marilyn Bell Park.
10 Financial Implications and Impact Statement: This report is provided as supplementary information to the June 27 report to the Economic Development & Parks Committee. There are no financial implications resulting from this supplementary report. Recommendations: It is recommended that: (1) the conceptual layout for the proposed BMX Racecourse, BMX Freestyle Area and the Skateboard Park be subject to consultation, review and input of the community, park users, and other stakeholders including the Toronto Waterfront Revitalization Corporation; (2) the proponent (Michael Heaton) be requested to prepare more detailed conceptual plans based on these public consultations; and (3) once the funding target of $200,000 is achieved, a formal technical design for the facility be developed and implemented. Background: The design of the facility is in its early conceptual stages. The attached map shows the proposed layout of the 8-lane Dirt/Clay BMX racecourse. Proposed locations are also indicated on the map where a BMX Freestyle Area and Skate Park might be located, subject to further consultation with the proponent, the local Ward Councillor and the Community. The report to the Economic Development and Parks Committee recommended approval for the City to receive cash donations toward the planning, design, and development of an Olympic-sized BMX racecourse in Marilyn Bell Park. Detailed working drawings will be prepared for the facility prior to its construction when donated funds have been received to support the project. Conceptual plans will be developed in consultation with the proponent, local Councillor and community. Comments: As noted in the report to the Economic Development and Parks Committee, Mr. Heaton and his network of BMX enthusiasts and the Parks, Forestry, and Recreation Division will work together in order to produce a conceptual design that would be presented for approval at a community meeting in 2006. Community and stakeholder support for the proposed facility will be a necessary step in achieving a viable concept for the proposal. Mr. Heaton will be requested to participate in the community consultations about the proposed facility. Funds that are raised by the proponent and his network of BMX enthusiasts will be used towards planning, design, and development of the Marilyn Bell Park BMX Racetrack and Extreme Sports Park.
11 The Toronto Waterfront Secretariat has been consulted about this proposal and will continue to be involved in its review and design development. Conclusions: Design of the proposed facility is at an early conceptual stage. Community consultation is required to refine the concept. Detailed design of the facility will commence when adequate funds have been received by the City towards its planning, design, and development. Any proposed design must be compatible with the Martin Goodman Trail and the Western Beaches Watercourse that is part of the Waterfront Revitalization Initiative. Contact: Bob Crump Acting Director of Parks, Forestry and Recreation South District Tel: 416-392-7252 Fax: 416-392-0845 Email: bcrump@toronto.ca
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