Item - 2013.CC45.5

Tracking Status

  • City Council adopted this item on December 16, 2013 without amendments.

CC45.5 - 259 and 270 The Kingsway and 1144 Royal York Road (Humbertown Plaza site) - Ontario Municipal Board Appeal and Mediation Process

Decision Type:
ACTION
Status:
Adopted
Ward:
4 - Etobicoke Centre

City Council Decision

City Council on December 16, 17 and 18, 2013, adopted the following:

 

1.         City Council adopt the recommendations contained in Confidential Attachment 1 to the report (December 9, 2013) from the City Solicitor.

 

2.         City Council direct that the recommendations contained in Confidential Attachment 1 to the report (December 9, 2013) from the City Solicitor and the information contained in Confidential Attachment 2 - Appendix "A" be made public and that all other information contained in Confidential Attachment 1 remain confidential.

 

The following recommendations in Confidential Attachment 1 to the report (December 9, 2013) from the City Solicitor were adopted by City Council and are now public:

 

1.         City Council agree to settle this matter before the Ontario Municipal Board on the terms negotiated by all of the parties to the hearing as set out in Appendix "A" to the report (December 9, 2013) from the City Solicitor and authorize the City Solicitor to execute Minutes of Settlement which give effect to this settlement.

 

2.         City Council agree to permit the owner to construct a pedestrian walkway over and two drive and pedestrian aisles under the Kingsway for a term of 99 years at the owner's expense and to the City's construction standards.

 

Confidential Attachment 2 - Appendix "A" to the report (December 9, 2013) from the City Solicitor is also public and can be accessed under Background Information (City Council).

 

The balance of Confidential Attachment 1 to the report (December 9, 2013) from the City Solicitor remains confidential in accordance with the provisions of the City of Toronto Act, 2006, as it pertains to litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board and advice or communications that are subject to solicitor client privilege.

Confidential Attachment - Litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board and the receiving of advice that is subject to solicitor-client privilege

Background Information (City Council)

(December 9, 2013) Report from the City Solicitor on 259 and 270 The Kingsway and 1144 Royal York Road - Ontario Municipal Board Appeal and Mediation Process (CC45.5)
https://www.toronto.ca/legdocs/mmis/2013/cc/bgrd/backgroundfile-64742.pdf
(December 9, 2013) Confidential Attachment 1
Confidential Attachment 2 - Appendix A - Settlement Proposal - made public on December 19, 2013
https://www.toronto.ca/legdocs/mmis/2013/cc/bgrd/backgroundfile-64744.pdf

Motions (City Council)

Motion to Adopt Item (Carried)

Vote (Adopt Item) Dec-16-2013 10:24 AM

Result: Carried Majority Required - CC45.5 - Adopt the item
Total members that voted Yes: 41 Members that voted Yes are Paul Ainslie, Maria Augimeri, Ana Bail„o, Michelle Berardinetti, Shelley Carroll, Raymond Cho, Josh Colle, Gary Crawford, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Mike Del Grande, Frank Di Giorgio, Sarah Doucette, John Filion, Rob Ford, Mary Fragedakis, Mark Grimes, Norman Kelly, Mike Layton, Chin Lee, Peter Leon, Gloria Lindsay Luby, Giorgio Mammoliti, Josh Matlow, Mary-Margaret McMahon, Joe Mihevc, Peter Milczyn, Denzil Minnan-Wong, Ron Moeser, Frances Nunziata (Chair), Cesar Palacio, John Parker, James Pasternak, Gord Perks, Anthony Perruzza, David Shiner, Karen Stintz, Michael Thompson, Adam Vaughan, Kristyn Wong-Tam
Total members that voted No: 0 Members that voted No are
Total members that were Absent: 4 Members that were absent are Paula Fletcher, Doug Ford, Pam McConnell, Jaye Robinson
Source: Toronto City Clerk at www.toronto.ca/council